Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 8, 1990 and adjourned Friday, March 9, 1990, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1990 and extraordinary 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 8, 1990 through February 22, 1990. Volume II contains February 26, 1990 through March 9, 1990 regular session and September 11, 1989 through September 15, 1989 extraordinary session.

j j j j j j j j j j j

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 8, 1990 and adjourned Friday, March 9, 1990
VOLUME I
1990 Atlanta, Ga.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1989-1990
THOMAS B. MURPHY .......................................................................Speaker
18th DISTRICT, HARALSON COUNTY
JACK CONNELL .................................................................Speaker Pro Tern
87th DISTRICT, RICHMOND COUNTY
GLENN W. ELLARD ................................................................................Clerk
HABERSHAM COUNTY
CAROLYN B. PETTUS ..........................................................Assistant Clerk
GWINNETT COUNTY
BRETT BACON .............:............................................................Journal Clerk
WILKINSON COUNTY
ELMORE C. THRASH.....................................................................Messenger
LOWNDES COUNTY
BEN JESSUP ...................................................................................Doorkeeper
BLECKLEY COUNTY
EDWARD C. MOSES...........................................................Sergeant-at-Arms
MONTGOMERY COUNTY

MONDAY, JANUARY 8, 1990

1

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia Monday, January 8, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by the Reverend George Bennett, Pastor, New Canaan Baptist Church, Tallapoosa, Georgia.
The roll was called and the following Representatives answered to their names:

Aaron Abernathy Adams Aiken Alford Allen Athon
Atkins Bailey Baker Balkcom Bannister Barfoot Bargeron Barnett,B Barnett,M Bates
Beck Benefield
Benn Birdsong Bishop
Bostick Branch Breedlove Brooks Brown Buck Buford
Byrd Campbell Carrell Carter Chambless Chance

Cheeks Childers Clark,B Clark,H Clark,L Coleman Colwell Connell Couch Crawford Crosby Cummings,B Cummings,M Davis,C Davis,G Davis,M Dixon,H
Dixon,S Dobbs Dover Dunn Edwarda Ehrhart Felton Fennel Floyd,J.M Floyd,J.W Foster Godbee Goodwin Green Greene Gresham Griffin Groover

Hamilton Hanner Harris Hasty Heard Herbert Holcomb Holland Holmea Hooks Hudson Irwin Isakson Jackson,J Jackson,W Jamieson Jenkins Johnson
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 Moody Morton Moultrie Mueller Oliver,C Oliver,M Orr Orrock Padgett Pannell Parham Parrish Pettit Pinkston Poag Porter Poston Powell Randall Ransom Ray Reavea Redding Richardson Ricketson Robinson Royal Selman Simpson Sinkfield

Smith,L Smith,P Smith,T Smith,W Smyre
Snow Stancii,F Stancii,S Stanley Steele Stephens Streat Teper Thomas,C Thomas,M Thompson Thurroond Titus Tolbert Townsend Twiggs Vaughan Waddle Walker,C Walker,L Wall Ware Watson Watts White Wilder Williams,B Yates Yeargin Murphy,Spkr

Representative Bargeron of the 108th, 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.

2

JOURNAL OF THE HOUSE,

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

The following Resolutions of the House were read and adopted:

HR 560. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th

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

HR 561. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th

A RESOLUTION
To notify the Governor that the General Assembly has convened; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee of fourteen, seven from the House of Representatives to be named by the Speaker and seven from the Senate to be named by the President, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.
The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Barfoot of the 120th, Dixon of the 128th, Holland of the !36th, Lane of the lllth, McKinney of the 40th, Poag of the 3rd and Smyre of the 92nd.

The following Resolution of the House was read:

HR 562. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th

A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the 1989 regular session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Representatives for the 1990 regular session.

MONDAY, JANUARY 8, 1990

3

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 Allen Y Athon Y Atkins
Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck
Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Di:r.on,H Y Di:r.on,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert
Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B
McKinney,C
Y Meadows Milam Mobley
Y Moody
Y Morton Y Moultrie Y Mueller
Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Pannell YParbam Y Parrish
Patten
Pettit Pinkston y Poag
Y Porter Poston
Y Powell y Randall
Y Ransom Ray
Y Reaves Redding
Y Richardson
Y Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W
Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Streat 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
White Y Wilder Y Williams,B Y Williams,J Y Yates
Yeargin Murphy,Spkr

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

The following Resolutions of the House were read and adopted:

HR 563. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Joe Frank Harris, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, January 10, 1990, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.

4

JOURNAL OF THE HOUSE,

The Speaker appointed as a Committee of Escort on the part of the House, the following members:
Representatives Bailey of the 72nd, Baker of the 51st, Foster of the 6th, Harris of the 84th, Irwin of the 13th, Green of the 106th and McKelvey of the 15th.
HR 564. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th
A RESOLUTION
Inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at a joint session of the House of Representatives and the Senate which will be held in the hall of the House of Representatives at 10:45 A.M., Wednesday, January 10, 1990, to hear an address by His Excellency, the Governor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.
HR 565. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Harold G. Clarke, Chief Justice of the Supreme Court, is hereby invited to address a joint session of the House of Representatives and the Senate at 10:00 A.M., Thursday, January 11, 1990, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 9:45 A.M. on the aforesaid date for the purpose of hearing an address from Chief Justice Clarke.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from Chief Justice Clarke.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.
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 1137. By Representative Richardson of the 52nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of continuing care providers and facilities; to provide for exemptions; to prohibit continuing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department.
Referred to the Committee on Insurance.

MONDAY, JANUARY 8, 1990

5

HB 1138. By Representative Allen of the 127th:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, so as to provide that no common-law marriage shall be entered into in this state on or after January 1, 1991; to provide that otherwise common-law marriages entered into prior to January 1, 1991, shall not be affected and shall continue to be recognized in this state.
Referred to the Committee on Judiciary.

HB 1139. By Representatives Childers of the 15th and Richardson of the 52nd:
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 authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses.
Referred to the Committee on Judiciary.

HB 1140. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Houston County; to provide a short title.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1141. By Representatives Lane of the 27th, Greene of the 130th, Selman of the 32nd and Herbert of the 76th:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline in the schools, so as to prohibit the use of corporal punishment on pupils in grades K through 8 and deny certain state funds to boards of education which do not observe the prohibition; to limit criminal and civil liability for certain administration of corporal punishment to pupils in grades 9 through 12.
Referred to the Committee on Education.

HB 1142. By Representatives Hamilton of the 124th and Selman of the 32nd:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, so as to authorize the bureau to enter into and participate in certain local criminal investigations under certain conditions.
Referred to the Committee on Public Safety.

HB 1143. By Representatives Mangum of the 57th, Athon of the 57th, Smith of the 152nd and Hamilton of the 124th:
A bill to amend Code Section 20-2-270 ofthe Official Code of Georgia Annotated, establishing a state-wide network of regional educational service agencies, so as to change the assistance to be provided to member local school systems.
Referred to the Committee on Education.

6

JOURNAL OF THE HOUSE,

HB 1144. By Representatives Mangum of the 57th, Athon of the 57th, Smith of the 152nd and Hamilton of the 124th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses, so as to require courses concerning the impact of alcohol, smoking, and drug abuse upon health.
Referred to the Committee on Education.

HB 1145. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in and the right to benefits under public retirement or pension systems for public employees convicted of certain crimes, so as to provide for additional crimes; to provide for a definition; to provide that such additional crimes shall apply only to public employees entering service after a certain date.
Referred to the Committee on Retirement.

HB 1146. By Representative Allen of the 127th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, so as to provide for the crime of distributing a controlled substance or a dangerous drug to an unborn child.
Referred to the Committee on Judiciary.

HB 1147. By Representative Allen of the 127th:
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 supplementing the salaries of law enforcement officers; to provide a short title.
Referred to the Committee on Public Safety.

HB 1148. By Representative Allen of the 127th:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the criminal offenses of assault and battery, so as to provide for the criminal offense of physical assault of a sports official.
Referred to the Committee on Judiciary.

HB 1149. By Representative Allen of the 127th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty".
Referred to the Committee on Judiciary.

MONDAY, JANUARY 8, 1990

7

HB 1150. By Representative Watson of the 114th:
A bill to amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, so as to preclude persons convicted of certain illegal drug activity from contracting with the state, state agencies, or authorities; to preclude grants to persons convicted of certain illegal drug activity; to provide definitions; to designate certain Code sections as Article 1 of said chapter; to provide for an effective date.
Referred to the Committee on Industry.

HB 1151. By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide that in addition and incidental to the powers of enforcement personnel of the Public Service Commission to inspect motor common carriers and motor contract carriers and to determine if such motor carriers are complying with certain laws, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of certain drug laws.
Referred to the Committee on Industry.

HB 1152. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, concerning the landlord and tenant relationship in general, so as to limit the liability of military personnel for rent under residential leases of property in cases of permanent change of station orders or temporary duty orders for a period in excess of three months.
Referred to the Committee on Judiciary.

HB 1153. By Representative Allen of the I27th:
A bill to amend Chapter I of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide that members of the clergy shall not be liable to any person or entity in any civil action for injuries or damages claimed to have arisen by virtue of certain counseling, therapy, advice, or instruction.
Referred to the Committee on Judiciary.

HB 1154. By Representative Allen of the I 27th:
A bill to amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in or derived from a violation of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the entry of judgment by default where no defense is filed.
Referred to the Committee on Judiciary.

HB 1155. By Representative Allen of the 127th:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change the provisions relating to automatic dismissal of actions for want of prosecution.
Referred to the Committee on Judiciary.

8

JOURNAL OF THE HOUSE,

HB 1156. By Representative Allen of the 127th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that any vehicle owned by any person who within a five-year period of time, has been convicted of a fourth violation of driving under the influence of alcohol or drugs as defined in Code Section 40-6-391 shall be contraband and forfeited to the state.
Referred to the Committee on Judiciary.

HB 1157. By Representative Allen of the 127th:
A bill to amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to the seizure and disposition of property used in or derived from gambling and related offenses, so as to provide that legal advertisements of seizure and disposition proceedings shall be published twice a month for two consecutive months in the newspaper in which the sheriffs advertisements are published.
Referred to the Committee on Judiciary.

HB 1158. By Representative Watson of the 114th:
A bill to amend Code Section 16-7-29 of the Official Code of Georgia Annotated, relating to criminal trespass by motor vehicle, so as to change the provisions relating to the identification of parking areas by signs which denote the elements of the crime of criminal trespass by motor vehicle.
Referred to the Committee on Industry.

HB 1159. By Representative Watson of the 114th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the definition of a certain term; to define additional terms; to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the Georgia Residential Finance Authority.
Referred to the Committee on Industry.

HB 1160. By Representative Watson of the 114th:
A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the authority.
Referred to the Committee on Industry.

HB 1161. By Representative Watson of the 114th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions concerning professions and businesses, so as to provide for the suspension or revocation of occupation licenses of persons who are convicted of a violation of Article 2 of Chapter 13 of Title 16, the "Georgia Controlled Substances Act"; to define certain terms; to provide for periods of suspension.
Referred to the Committee on Industry.

MONDAY, JANUARY 8, 1990

9

HB 1162. By Representative Groover of the 99th:
A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions relating to eminent domain, and Chapter 3 of Title 32 of the Official Code of Georgia Annotated, relating to acquisition of property for transportation purposes, so as to provide for the award of reasonable attorneys' fees and reasonably necessary expenses to properly present a case in certain cases in which property or an interest in property is acquired through the exercise of the power of eminent domain.
Referred to the Committee on Judiciary.

HB 1163. By Representatives Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 42-4-32 of the Official Code of Georgia Annotated, relating to sanitation and health requirements of detention facilities generally, meals, inspections, and medical treatment, so as to change the provisions relating to sanitation and health requirements and standards; to repeal conflicting laws.
Referred to the Committee on Health & Ecology.

HB 1164. By Representative Groover of the 99th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings before the magistrate court, so as to provide that any party filing a statement of claim or a permissive counterclaim in such court shall be deemed to have waived his right to a jury trial; to provide that appeals from judgments in such court adverse to the plaintiff on a statement of claim or compulsory counterclaim or to a defendant on a permissive counterclaim shall be on the record.
Referred to the Committee on Judiciary.

HB 1165. By Representative Groover of the 99th:
A bill to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support, computation of awards, and guidelines for determining the amount of an award, so as to provide that a jury is not required to specify in its verdict any specific reason or reasons for deviation from the guidelines specified in such Code section; to provide that the provisions of such Code section shall not constitute grounds for any modification of any award of child support made prior to July 1, 1989.
Referred to the Committee on Judiciary.

HB 1166. By Representative Groover of the 99th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings before magistrate courts, so as to provide that any party may demand a jury trial, and the case will be transferred to the state or superior court for trial.
Referred to the Committee on Judiciary.

10

JOURNAL OF THE HOUSE,

HB 1167. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the Secretary of State to prescribe the form of certain pauper's affidavits and certain municipal pauper's affidavits; to change certain provisions relating to certification of political party candidates.
Referred to the Committee on Governmental Affairs.

HB 1168. By Representatives Ware of the 77th, Lawson of the 9th, Griffin of the 6th, Brown of the 88th, Dunn of the 73rd and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that compensation shall not be allowed for an injury or death due to being under the influence of marijuana or a controlled substance.
Referred to the Committee on Insurance.

HB 1169. By Representatives Ware of the 77th, Lawson of the 9th, Griffin of the 6th, Brown of the 88th, Ricketson of the 82nd and others:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, brokers, and others, so as to provide that the licenses of insurance agents, brokers, or counselors shall be suspended or revoked if the holder of the license is convicted of or enters a plea of nolo contendere to certain offenses involving controlled substances.
Referred to the Committee on Insurance.

HB 1170. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain drug testing of any applicant for state employment; to provide for definitions.
Referred to the Committee on Governmental Affairs.

HB 1171. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions.
Referred to the Committee on Governmental Affairs.

HB 1172. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to the elections, so as to provide for the form of registration cards in any county in which all municipalities located in such county use the county registration system.
Referred to the Committee on Governmental Affairs.

MONDAY, JANUARY 8, 1990

11

HB 1173. By Representatives Lane of the 27th and Selman of the 32nd:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1174. By Representative Lane of the 27th:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for investment authority for such board and control of investments.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1175. By Representatives Childers of the 15th and Smith of the 152nd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the severance taxation of certain forest products; to provide for definitions.
Referred to the Committee on Ways & Means.

HB 1176. By Representative Barnett of the lOth:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change the provisions relating to the number of petitioners necessary to institute proceedings for removal from office.
Referred to the Committee on Ways & Means.

HB 1177. By Representative Barnett of the lOth:
A bill to amend Code Section 48-5-298 of the Official Code of Georgia Annotated, relating to the employment of persons assisting the county board of tax assessors, so as to authorize the county board of education to expend funds to assist in paying the expenses incurred in discovering unreturned properties for the purpose of collecting unpaid county school taxes.
Referred to the Committee on Ways & Means.

HB 1178. By Representative Lane of the 27th:
A bill to amend Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles, so as to provide that it shall be unlawful for the driver of a truck to transport children ten years of age or less in an uncovered rear bed or body of a vehicle on certain public roads in this state.
Referred to the Committee on Motor Vehicles.

HB 1179. By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle"; to change the provisions relating to the offense of failure to wear a safety belt.
Referred to the Committee on Motor Vehicles.

12

JOURNAL OF THE HOUSE,

HB 1180. By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".
Referred to the Committee on Motor Vehicles.

HB 1181. By Representatives Walker of the 115th, Groover of the 99th and Watson of the 114th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to prohibit the telephonic transmission of certain unsolicited commercial facsimile messages.
Referred to the Committee on Industry.

HB 1182. By Representatives Walker of the 115th, Groover of the 99th and Royal of the 144th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to change the conditions under which conveyances, including aircraft, vehicles, or vessels, are subject to forfeiture.
Referred to the Committee on Judiciary.

HB 1183. By Representatives McKinney of the 35th and Redding of the 50th:
A bill to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to change the description of conduct that constitutes such offenses.
Referred to the Committee on Special Judiciary.

HB 1184. By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to prohibit altering, expunging, or destroying certain criminal records as a result of the discharge of a defendant without court adjudication of guilt; to specify that certain documents and information are not subject to certain restrictions regarding release and disclosure.
Referred to the Committee on Judiciary.

HB 1185. By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th, Twiggs of the 4th, McDonald of the 12th and others:
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 the delay of the issuance of a driver's license to any person under the age of 16 who is convicted of driving under the influence or of a drug offense.
Referred to the Committee on Motor Vehicles.

MONDAY, JANUARY 8, 1990

13

HB 1186. By Representatives Jackson of the 9th and Barnett of the lOth:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Georgia Motor Vehicle Franchise Practices Act," so as to provide for attorney's fees in certain enforcement actions; to specify what adequate compensation for such services shall be based upon; to require the franchisor to purchase certain items from the franchisee and to compensate the franchisee for certain expenses if a franchise is terminated, cancelled, or not renewed.
Referred to the Committee on Motor Vehicles.

HB 1187. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th and Coleman of the 118th:
A bill to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act", approved April 18, 1989, so as to change certain appropriations for the State Fiscal Year 1989-1990.
Referred to the Committee on Appropriations.

HB 1188. By Representatives Beck of the 148th, Coleman of the 118th, Walker of the 115th, Mobley of the 64th, Ray of the 98th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to provide that telephone companies shall provide telephone service throughout the territorial boundaries of counties where subscribers reside for cost plus a reasonable rate of return authorized by the Public Service Commission.
Referred to the Committee on Industry.

HB 1189. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1190. By Representative Holmes of the 28th:
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 suspension of the driver's license or learner's permit of any person under the age of 18 who withdraws from school.
Referred to the Committee on Motor Vehicles.

HB 1191. By Representative Holmes of the 28th:
A bill to amend Part 1 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to bicycles, so as to prohibit bicycle racing on state highways.
Re~erred to the Committee on Motor Vehicles.

14

JOURNAL OF THE HOUSE,

HB 1192. By Representative Holmes of the 28th:
A bill to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution of harmful materials to minors, so as to prohibit the loaning, dissemination, or distribution of video movies by certain libraries other than in accordance with the official rating of such video movies; to prohibit certain false representations with respect to the procuring of such video movies.
Referred to the Committee on Judiciary.

HB 1193. By Representative Holmes of the 28th:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to provide that the Department of Public Safety shall deny or suspend the drivers' licenses or instruction permits of certain persons under 18 years of age.
Referred to the Committee on Motor Vehicles.

HB 1194. By Representative Holmes of the 28th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to the ages for mandatory education for children; to change certain provisions relating to exemptions with respect to such mandatory education; to change certain provisions relating to the establishment, management, and control of adult literacy programs.
Referred to the Committee on Education.

HB 1195. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Ricketson of the 82nd, Kingston of the !25th and others:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter.
Referred to the Committee on Insurance.

HB 1196. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Ricketson of the 82nd, Kingston of the !25th and others:
A bill to amend Code Section 40-9-100 of the Official Code of Georgia Annotated, relating to the assigned risk plan for motor vehicle insurance, so as to provide eligibility requirements for persons to be insured under the assigned risk plan.
Referred to the Committee on Insurance.

HB 1197. By Representative Holmes of the 28th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that certain persons whose drivers' licenses have been suspended or revoked shall not be entitled to a probationary license; to revise and change certain provisions relating to suspension of drivers' licenses.
Referred to the Committee on Motor Vehicles.

MONDAY, JANUARY 8, 1990

15

HB 1198. By Representative Holmes of the 28th:
A bill to amend Part 1 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to bicycles, so as to prohibit bicycle racing on state highways.
Referred to the Committee on Motor Vehicles.

HB 1199. By Representatives Ware of the 77th, Ricketson of the 82nd, Griffin of the 6th, Dunn of the 73rd and Lawson of the 9th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit an insurer from experience rating a group of 50 or fewer lives solely on the basis of the experience of such group.
Referred to the Committee on Insurance.

HB 1200. By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th, Twiggs of the 4th, McDonald of the 12th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons convicttld of possession of a controlled substance or marijuana; to provide for reporting of suspensions to the Department of Public Safety.
Referred to the Committee on Motor Vehicles.

HB 1201. By Representatives Reaves of the 147th, Godbee of the llOth, Byrd of the 153rd, Holland of the 136th, Balkcom of the 140th and others:
A bill to amend Code Section 35-4-4 of the Official Code of Georgia Annotated, relating to the powers of the Board of Public Safety .relative to the establishment, operation, and maintenance of the Georgia Pqlice Academy, so as to authorize the establishment, operation, and maintenance of a program for the training of dogs and police officer dog handlers to aid in law enforcement and public safety.
Referred to the Committee on Public Safety.

HB 1202. By Representatives Benn of the 38th, Martin of the 26th, Randall of the 101st, McKinney of the 40th, Sinkfield of the 37th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to comprehensively revise statutory provisions relative to fair housing and discriminatory practices associated with housing transactions; to provide for a statement of policy.
Referred to the Committee on Special Judiciary.

HB 1203. By Representatives Dover of the 11th, Murphy of the 18th, Lee of the 72nd, Lane of the 27th and Walker of the 115th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide a comprehensive statute to facilitate a drug-free public work force in Georgia; to provide a short title.
Referred to the Committee on Industrial Relations.

16

JOURNAL OF THE HOUSE,

HB 1204. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election.
Referred to the Committee on Judiciary.

HB 1205. By Representatives Redding of the 50th, Brown of the 88th, McKinney of the 35th and Morton of the 47th:
A bill to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regulating alcoholic beverages, so as to provide for the offense of hijacking a vehicle transporting alcoholic beverages.
Referred to the Committee on Regulated Beverages.

HB 1206. By Representatives Benn of the 38th and McKinney of the 35th:
A bill to amend Code Section 48-5-349 of the Official Code of Georgia Annotated, relating to the composition of the Ad Valorem Assessment Review Commission, so as to provide that the appraiser member shall be certified by certain organizations.
Referred to the Committee on Ways & Means.

HB 1207. By Representatives Lawson of the 9th, Walker of the 115th, Jackson of the 9th, Lee of the 72nd and Teper of the 46th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipalities may enter into multi-year installment purchase contracts.
Referred to the Committee on State Planning & Community Affairs.

HB 1208. By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the

148th and Thompson of the 20th:



A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for licensed cashers of checks; to provide for definitions; to provide for the requirements for
licensure.

Referred to the Committee on Banks & Banking.

HB 1209. By Representatives Redding of the 50th, Tolbert of the 58th, Williams of the 54th and McKinney of the 35th:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Parks Authority Overview Committee as a joint committee of the General Assembly; to provide for the membership, terms, officers, vacancies, powers, and duties of the committee.
Referred to the Committee on State Institutions & Property.

MONDAY, JANUARY 8, 1990

17

HB 1210. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to administrative provisions with regard to the State Board of Workers' Compensation, so as to provide for the compensation of the chairman and members of the State Board of Workers' Compensation and the administrative law judges.
Referred to the Committee on Industrial Relations.
HB 1211. By Representatives Robinson of the 96th, Buck of the 95th and Steele of the 97th:
A bill to amend Part 1 of Article 2 of Chapter 5 of the Official Code of Georgia Annotated, relating to certain tax exemptions, so as to change certain provisions requiring annual applications to receive certain tangible personal property inventory exemptions; to change certain provisions requiring a waiver of such exemptions for failure to file applications.
Referred to the Committee on Ways & Means.
HB 1212. By Representatives Thompson of the 20th, Walker of the 115th, Lee of the 72nd and Clark of the 20th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in public schools and regulation by the State Board of Education, so as to modify certain qualifications of certificated personnel needed in order to qualify for an exemption from the completion of an assessment to demonstrate satisfactory on-the-job performance.
Referred to the Committee on Education.
HB 1213. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to prohibit a consumer reporting agency from making a consumer report containing information relating to any bankruptcy case which antedates such report by more than seven years.
Referred to the Committee on Industry.

HB 1214. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
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 change the provisions relating to representation of the petitioner by the district attorney.
Referred to the Committee on Judiciary.

HB 1215. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to provide that process may be served by any citizen of the United States who is not a party and is not younger than 18 years of age and who has been specially appointed by the court as a process server.
Referred to the Committee on Judiciary.

18

JOURNAL OF THE HOUSE,

HB 1216. By Representatives Thomas of the 69th, Pettit of the 19th, Chambless of the 133rd and Lee of the 72nd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and marijuana, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education.
Referred to the Committee on Judiciary.

HB 1217. By Representatives Royal of the 144th, Long of the 142nd, Bates of the 141st and Balkcom of the 140th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the South Georgia Judicial Circuit.
Referred to the Committee on Judiciary.

HB 1218. By Representatives Milam of the 81st, Alford of the 57th, Long of the 142nd, Hasty of the 8th, Bailey 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 change the provisions relating to low phosphorus household laundry detergents.
Referred to the Committee on Natural Resources & Environment.

HB 1219. By Representatives Robinson of the 96th and Buck of the 95th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.
Referred to the Committee on Insurance.

HB 1220. By Representatives Lawson of the 9th, Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to create The Council of Superior Court Clerks of Georgia; to provide for the composition of the council.
Referred to the Committee on Judiciary.

HB 1221. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the classification and certification of professional personnel employed in the public schools of Georgia, so as to waive certain fees for certificates when the certificate is based on the recommendation of the school superintendent of a local school system.
Referred to the Committee on Education.

MONDAY, JANUARY 8, 1990

19

HB 1222. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 40-2-75.1 of the Official Code of Georgia Annotated, relating to special license plates for firefighters, so as to exempt certified firefighters of volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 from paying the $25.00 manufacturing fee.
Referred to the Committee on Ways & Means.

HB 1223. By Representatives Twiggs of the 4th, Murphy of the 18th, Jackson of the 9th, Colwell of the 4th, McDonald of the 12th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures, so as to provide for forfeiture of real property acquired with proceeds from the manufacture, distribution, or sale of controlled substances or marijuana; to provide for disposition of such real property.
Referred to the Committee on Public Safety.

HB 1224. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Annotated, providing for the confidentiality of AIDS confidential information, so as to require that certain health care facilities provide AIDS confidential information to public safety agencies to which such health care facilities transfer physical custody of certain HIV infected persons, and authorize such public safety agencies to make certain disclosures to their employees who come in contact with such infected persons.
Referred to the Committee on University System of Georgia.

HB 1225. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th, Lane of the lllth, Smyre of the 92nd and others:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide a short title; to provide for the withdrawal of recognition, campus expulsion, and termination of the use of University System of Georgia property or facilities to any student organization which knowingly permits or condones the sale, distribution, possession, use, or consumption of any controlled substance, dangerous drug, or alcoholic beverage in a manner contrary to law.
Referred to the Committee on University System of Georgia.

HB 1226. By Representatives Richardson of the 52nd, Connell of the 87th, Buck of the 95th, Athon of the 57th, Hooks of the 116th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to provide for the Health Care Personnel Policy Advisory Commission; to provide for qualifications, appointment, terms, allowances, expenses, and removal of members.
Referred to the Committee on Health & Ecology.

HB 1227. By Representative Beck of the 148th:
A bill to amend Code Section 40-8-73.1, relating to tinted windows, so as to repeal the authorization for medical exemptions from the window tinting limits.
Referred to the Committee on Motor Vehicles.

20

JOURNAL OF THE HOUSE,

HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd:
A bill to amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof.
Referred to the Committee on Judiciary.
HB 1229. By Representatives Crawford of the 5th and Jenkins of the 80th:
A bill to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to reductions in premiums for motor vehicle insurance policies, so as to change the provisions relating to eligibility for reductions in premiums for motor vehicle insurance policies.
Referred to the Committee on Insurance.
HB 1230. By Representatives Kilgore of the 42nd, Birdsong of the 104th and Godbee of the llOth:
A bill to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to prohibit the department from entering into a contract with any person for the provision of materials, supplies, or services unless such person agrees to maintain a drug-free workplace.
Referred to the Committee on Transportation.
HB 1231. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th, Lane of the lllth, Smyre of the 92nd and others:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and the University System of Georgia, so as to provide for comprehensive provisions to create a drug-free environment in Georgia's public colleges and universities; to provide a short title.
Referred to the Committee on University System of Georgia.
HB 1232. By Representatives Cheeks of the 89th, Parham of the 105th, Brown of the 88th, Ransom of the 90th, Williams of the 48th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who has been awarded the Purple Heart citation.
Referred to the Committee on Motor Vehicles.
HB 1233. By Representatives Cheeks of the 89th, Davis of the 45th, Brown of the 88th, Harris of the 84th and Williams of the 48th:
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 prohibit a retail grocery store from selling any food product or other article which does not have the price thereof clearly labeled on the food product or other article or the package or container enclosing such food product or article.
Referred to the Committee on Industry.

MONDAY, JANUARY 8, 1990

21

HB 1234. By Representatives Cheeks of the 89th, Harris of the 84th, Padgett of the 86th, Ransom of the 90th and Powell of the 145th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that an elective office in this state shall be deemed vacated upon the officeholder's refusing to submit to a test for illegal drugs as provided by law; to provide that each elected official in this state shall be required to be tested annually for illegal drugs; to provide for administration by the Composite State Board of Medical Examiners.
Referred to the Committee on Governmental Affairs.

HB 1235. By Representatives Cheeks of the 89th and Kilgore of the 42nd:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.
Referred to the Committee on Transportation.

HB 1236. By Representatives Redding of the 50th, Harris of the 84th, Powell of the 145th, McKinney of the 35th and McKinney of the 40th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to prohibit the presence of persons under the age of 21 years in licensed public premises selling or serving alcoholic beverages for consumption on the premises; to provide a definition.
Referred to the Committee on Regulated Beverages.

HB 1237. By Representatives Herbert of the 76th, Lane of the 27th, Selman of the 32nd and Greene of the 130th:
A bill to amend Code Section 6-11-127 of the Official Code of Georgia Annotated, relating to carrying deadly weapons to or at public gatherings, so as to change the penalties.
Referred to the Committee on Judiciary.

HB 1238. By Representatives Allen of the 127th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd and Dixon of the 128th:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the clerk of probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1239. By Representatives Allen of the 127th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd and Dixon of the 128th:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to change the provisions relating to senior judges of the recorder's court; to provide for the compensation of senior judges.
Referred to the Committee on State Planning & Community Affairs - Local.

22

JOURNAL OF THE HOUSE,

HB 1240. By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the exemptions from the requirement of a license to engage in the business of selling or issuing checks; to provide for definitions.
Referred to the Committee on Banks & Banking.

HB 1241. By Representatives Oliver of the 53rd, Pannell of the 122nd and Martin of the 26th:
A bill to amend Code Section 4-11-2 of the Official Code of Georgia Annotated, relating to definitions used in the "Georgia Animal Protection Act," so as to redefine the term "stable"; to thereby provide for application of the Act to any building, structure, or enclosure used for the lodging and feeding of equines which are used to pull vehicles for hire or vehicles which transport persons for a fee.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1242. By Representatives Jenkins of the 80th, Smith of the 78th and Dunn of the 73rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit.
Referred to the Committee on Judiciary.

HB 1243. By Representatives Thomas of the 69th, Simpson of the 70th and Lee of the 72nd:
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 definition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have committed a designated felony act which would have constituted the crime of trafficking cocaine, illegal drugs, or marijuana if done by an adult.
Referred to the Committee on Judiciary.

HB 1244. By Representatives Reaves of the 147th, Godbee of the 110th, Byrd of the 153rd, Holland of the 136th, Balkcom of the 140th and others:
A bill to amend Code Section 2-7-156 of the Official Code of Georgia Annotated, relating to the referendum on assessments for boll weevil suppression and eradication programs, so as to provide for additional referendums for the purpose of changing the amount of such assessments or extending the time period for the collection of such assessments, or both.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 566. By Representative Allen of the 127th:
A resolution creating the House Student-Athlete Graduation Rate Study Committee.
Referred to the Committee on Rules.

MONDAY, JANUARY 8, 1990

23

HR 567. By Representative Allen of the 127th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and for the allocation of such additional penalties or fees to supplement the salaries of law enforcement officers.
Referred to the Committee on Judiciary.

HR 568. By Representative Allen of the 127th: A resolution creating the House Movie Industry Study Committee.
Referred to the Committee on Rules.

HR 569. By Representatives Hamilton of the 124th and Parham of the 105th:
A resolution creating the House Certificate of Need for Traumatic Brain Injury Facilities Study Committee.
Referred to the Committee on Rules.

HR 570. By Representatives Buck of the 95th, Lee of the 72nd and Walker of the 115th:
A resolution creating the House Postsecondary Vocational Educational Laboratory, Equipment, and Library Research Needs Study Committee.
Referred to the Committee on Rules.

HR 571. By Representatives Buck of the 95th, Lee of the 72nd and Walker of the 115th:
A resolution creating the University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee.
Referred to the Committee on Rules.

HR 573. By Representative Brooks of the 34th: A resolution compensating Evelyn B. Smith.
Referred to the Committee on Appropriations.

HR 574. By Representative Smith of the 78th: A resolution compensating Mr. Chris A. Smith.
Referred to the Committee on Appropriations.

HR 575. By Representatives Redding of the 50th, McKinney of the 35th, McKelvey of the 15th, Dunn of the 73rd and Tolbert of the 58th:
A resolution urging the Board of Human Resources to adopt a plan to make operators of licensed day-care facilities aware of the dangers posed by radon gas and to require that all licensed day-care centers test their facilities for the presence of radon gas.
Referred to the Committee on Health & Ecology.

24

JOURNAL OF THE HOUSE,

HR 576. By Representatives Redding of the 50th, McKinney of the 35th, McKelvey of the 15th, Dunn of the 73rd and Tolbert of the 58th:
A resolution urging the State Board of Education to adopt a plan to make local school systems aware of the danger of radon gas and to urge local school systems to test for the presence of radon gas in school facilities.
Referred to the Committee on Education.

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

HB 1106 HB 1107 HB 1108 HB 1109 HB 1110 HB 1111 HB 1112 HB 1113 HB 1114 HB 1115
HB 1116 HB 1117 HB 1118
HB 1119 HB 1120
HB 1121

HB 1123 HB 1124 HB 1125 HB 1126 HB 1127 HB 1128 HB 1129 HB 1130 HB 1131 HB 1132 HB 1133 HB 1134 HB 1135 HB 1136 HR 467

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 277. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st:
A resolution to notify the House of Representatives that the Senate has convened.
The Senate has adopted by the requisite constitutional majority the following Resolution of the House:

HR 561. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution to notify the Governor that the General Assembly has convened.

The President has appointed the following Senators as escort committee: Johnson of the 47th, McKenzie of the 14th, Baldwin of the 29th, Tate of the 38th, Barker of the 18th, Taylor of the 12th and Clay of the 37th.
The following Resolution of the House was read and referred to the Committee on Rules:

MONDAY, JANUARY 8, 1990

25

HR 572. By Representatives Benn of the 38th, Martin of the 26th, Lupton of the 25th, Townsend of the 24th, Sinkfield of the 37th and others:
A resolution inviting Honorable Maynard Holbrook Jackson to address the House of Representatives.

The following communications were received:

The General Assembly Atlanta
January 2, 1990
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE SEVENTH CONGRESSIONAL DISTRICT
Pursuant to the provisions of O.C.G.A. Section 32-2-20, this is to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Seventh Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday January 11, 1990, at 2:00 P.M. Members of the Senate from those senatorial districts embraced or partly embraced within the Seventh Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Seventh Congressional District are eligible to participate in said caucus.
Sincerely yours,
Is/ Zell Miller
President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly Atlanta
January 2, 1990
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE EIGHTH CONGRESSIONAL DISTRICT
Pursuant to the provisions of O.C.G.A. Section 32-2-20, this is to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Eighth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday January 11, 1990, at 3:00 P.M. Members of the Senate from those senatorial districts embraced or partly embraced within the Eighth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Eighth Congressional District are eligible to participate in said caucus.
Sincerely yours,
Is/ Zell Miller
President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

26

JOURNAL OF THE HOUSE,

LEGISLATIVE SERVICES COMMITTEE
OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL
ATLANTA, GEORGIA 30334
January 8, 1990
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE SEVENTH AND EIGHTH CONGRESSIONAL DISTRICTS
You have previously received a notice from the Lieutenant Governor and the Speaker of the House concerning the election of members of the State Transportation Board from the Seventh and Eighth Congressional Districts to be held on January 11 in the Senate Chamber as follows: 2:00P.M., 7th District; 3:00P.M., 8th District.
The caucus convened to elect each member of the board is free to adopt any appropriate procedural rules. I would, however, strongly recommend that the following procedures be adopted if a contested election is to be conducted by secret ballot:
(1) That the first four rows of the chamber be reserved exclusively for Senators and Representatives entitled to vote in the election;
(2) That ballots be distributed to the voting members by personnel of the Office of Legislative Counsel;

(3) That each Senator and Representative, after completing his or her ballot, personally carry it forward and deposit it in a box at the rostrum; and

(4) That the ballots then be counted by personnel of the Office of Legislative Counsel, in the front of the chamber and under the supervision of the caucus secretary and those caucus members making the nominations.
Also enclosed for your reference is a copy of a suggested agenda and a copy of a memorandum which relates to other procedural matters.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp Enclosures

SUGGESTED AGENDA
(1) Meeting is opened by the presiding officer of the House or Senate.
(2) Roll is called by the Legislative Counsel.
(3) Presiding officer entertains nominations for chairperson of the caucus and a chairperson is elected.
(4) Chairperson comes forward to preside over the remainder of the meeting.
(5) Chairperson entertains nominations for secretary of the caucus and a secretary is elected.
(6) Chairperson entertains questions and/or motions governing the procedure to be followed (i.e. use of secret ballots; the procedures outlined in my accompanying letter; etc.).
(7) Chairperson entertains nominations for election to the State Transportation Board.

MONDAY, JANUARY 8, 1990

27

(8) Election.
(9) Any addresses by the newly elected member of the transportation board, retiring member of the board, etc.
(10) Adjournment.

TO: FROM:

MEMORANDUM January, 1990
Members of the General Assembly Sewell R. Brumby, Legislative Counsel Re: Election of Members of the State
Transportation Board

This memorandum is for the purpose of furnishing you information relative to the procedure for electing members of the State Transportation Board.
Code Section 32-2-20 of the Official Code of Georgia Annotated provides the composition of the board, the procedure for the election of members of the board, and other matters relative to the board. This Code section was enacted pursuant to an amendment to the Constitution which is now contained in Article IV, Section IV, Paragraph I of the new Constitution which became effective on July 1, 1983. The board is composed of ten members, one from each congressional district, with terms of five years. The terms are staggered so that two members of the board are elected each year. The members are elected by the members of the Senate and the House of Representatives from the senatorial and representative districts embraced or partly embraced within the particular congressional district. Those legislators meet in caucus during the first ten days of the regular session for the purpose of electing a member of the board. The Speaker of the House and the President of the Senate, in a notice to the legislators, set the date, time, and place of the caucus which, in recent years, usually has been held on Thursday of the first week of the session.
Generally, the procedure for holding the caucus is as follows: (1) At the appointed hour the caucus is called to order by the President or the Speaker, or on occasion by the Legislative Counsel, with a statement as to the purpose of the caucus. The person who opens the caucus presides only until a chairman of the caucus is elected. (2) The roll is called, usually by the Legislative Counsel. (3) The chair then entertains nominations for chairman of the caucus. It might be wise to point out here that some congressional districts have district legislative associations, and it is perfectly all right for the chairman of that association to preside at the meeting of that particular caucus. However, there should be a formal nomination and election at the caucus because this is a caucus provided for by law to carry out a particular purpose and the district legislative association is an unofficial organization. Consequently, there should always be an election of a chairman of that caucus by the caucus itself. This is accomplished by nominations and seconds from the floor. After the chairman is elected, the opening presider steps down and the elected chairman presides for the remainder of the meeting. (4) The chairman then entertains nominations for the secretary of the caucus. This is accomplished by nominations and seconds from the floor in the same manner that the chairman was elected. It is not necessary that the secretary take any minutes unless the secretary so desires. The Legislative Counsel's office keeps records of the caucus and prepares all the pertinent material. It is necessary, however, that a secretary be elected in order that the secretary sign, along with the chairman, letters to the President and the Speaker stating who has been elected as a member of the transportation board from that particular district. The Legislative Counsel will prepare the letters for the chairman and the secretary of the caucus to sign.

28

JOURNAL OF THE HOUSE,

(5) The chairman will then usually see if there are any questions or motions concerning the procedure involved in the election.
(6) The chairman then entertains nominations for the member of the State Transportation Board for the particular district involved. There are then nominations and seconds from the floor and a vote is held at that time. (See below for points involved in the election.)
(7) Usually the person who is elected to the transportation board is near the room or chamber where the election is held and is invited to make a few brief remarks to the caucus. Likewise, the member being succeeded may be invited to address the caucus.
(8) The chairman then states that a motion to adjourn will be entertained and the caucus is adjourned.
It seems advisable to call to the attention of members of the General Assembly a few points involved in the election of a member of the transportation board.
(1) Each member of the caucus has one vote. (2) It takes a majority of the total membership of all members of the caucus to elect a member of the board, not merely a majority of those present. For example, if the caucus has a total membership of 30, it takes the affirmative vote of 16 members to elect a member of the board. (3) A member of the caucus must be present in order to vote. There is no proxy voting. (4) The caucus can determine whether voting for a member of the board will be by open vote or by secret ballot. (5) If several candidates are running, the caucus can determine in what manner a member is finally elected. For example, if five members are running, the caucus could decide that, in the event no candidate received a majority of the votes of the total membership on the first vote, the two candidates receiving the most votes would be in a runoff election. On the other hand, the caucus could decide that, in the event no candidate received a majority of the votes on the first ballot, the candidate receiving the lowest number of votes would be dropped each time until a candidate received a majority of the votes. (6) A pertinent provision of the law relative to the transportation board reads as follows:
"In the event any person who is an officer, agent, official, or employee of the state or of any county, municipality, or other political subdivision thereof or who is a member of the General Assembly is appointed or elected as a member of the board, such person must resign as such officer, agent, official, employee, or member prior to taking office as a member of the board." There are possibly other points which might arise, but hopefully this memorandum covers the main ones. If you have further questions, we shall be glad to attempt to answer them for you.

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

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 1 through 560, who have registered in the Docket of Legislative Appearance as of January 5, 1990, in accordance with Georgia Law 1970, p. 695 as the same appears of file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 5th day of January, in the year of our Lord One Thousand Nine Hundred and

(SEAL)

MONDAY, JANUARY 8, 1990

29

Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.
/s/ Max Cleland Secretary of State

DOCKET OF LEGISLATIVE APPEARANCE In Order of Registration

1. Rita W. Valenti CWA Georgia Political Council 600 Northern Avenue Apt. F-301 Clarkston, Georgia 30021
2. Betty I. Bridges Council of Battered Women 223 Bruce Street Loganville, Georgia 30249
3. Robert C. Priester Citizen 4041 Habersham Circle Covington, Georgia 30209
4. Karen S. Loritts Fulton County Schools Evoline C. West Elementary School 551 Mary Erna Drive Fairburn, Georgia 30213
5. Bebe Joyner Ga. Parent/Teachers Assn. Citizen 1263 Courtney Lane Clarkston, Georgia 30021
6. Allen L. Mitchell Alpharetta Elementary PTA Georgia PTA 2951 Flowers Road, Suite 242 Atlanta, Georgia 30341
7. Carol E. H. Benton Mountain Road Elementary PTA 1859 Hardman Lane Woodstock, Georgia 30188
8. Jan Day Georgia PTA Mountain Park Elementary PTA 4735 Shagbark Court Lilburn, Georgia 30247
9. Rosalee C. Vance Georgia PTA Brockett Elementary PTA 3641 Sheffield Place Tucker, Georgia 30084

10. Michelle Kling Georgia PTA Addison Elementary PTA 3240 Fawn Trail Marietta, Georgia 30066
11. Liz Le Cour Georgia PTA Sprayberry PTA J. J. Daniell PTA Addison Elementary PTA 3102 Sycamore Lane Marietta, Georgia 30066
12. Claudette Beach Georgia PTA Tapp Middle PTA 2352 Fenwick Court Marietta, Georgia 30064
13. Nancy H. Jackson Georgia PTA P. 0. Box 816 Griffin, Georgia 30224
14. Frances Smith Georgia PTA 1402 Oakview Drive Griffin, Georgia 30223
15. Cathleen J. Vaughn Georgia PTA National Association Women In Construction 7505-C Hamilton Road Columbus, Georgia 31909
16. Gary Willis Georgia PTA P. 0. Box 267 Cave Spring, Georgia 30124
17. Frances D. Todd Georgia PTA 3639 Meadow Chase Drive Marietta, Georgia 30062

30

JOURNAL OF THE HOUSE,

18. Aaron E. Romine Citizen Romine, Sloss, and Associates 1809 Canton Road, Ste 3068 Marietta, Georgia 30066
19. Suanne W. Tharpe Georgians for Better Transportation 315 W. Ponce De Leon Decatur, Georgia 30030
20. Harry Thornton Atlanta Bureau of Police Services-Commercial Crime Prevention Unit 2001 Martin Luther King Jr. Dr. Atlanta, Georgia 30310
21. Major F. D. Echols Atlanta Police Dept. Commercial Crime Prevention Unit 2001 Martin Luther King, Jr., Drive, N.W. Atlanta, Georgia 30310
22. Lt. E. E. Perkins Atlanta Police Dept. Commercial Crime Preventio_n Unit 2001 Martin Luther King, Jr. Drive, N.W. Atlanta, Georgia 30310
23. Officer Jim Harris Atlanta Police Dept. Commercial Crime Prevention Unit 2001 Martin Luther King, Jr. Drive, N.W. Atlanta, Georgia 30310
24. Betsy Brown Schering Corporation 1418 Wood Hollow Lane Marietta, Georgia 30067
25. Ashley Thrasher Citizen 3460 Pheasant Court Decatur, Georgia 30034
26. Void
27. Judy Robinson Citizen 805 Peachtree Road, N.E., #633 Atlanta, Georgia 30308

28. Sara O'Neal The Atlanta Ballet, Inc. 477 Peachtree Street Atlanta, Georgia 30303
29. Kerri S. Milam Strategic Communication Serv. 946 Highland View Atlanta, Georgia 30306
30. Allen L. Henderson Physical Therapy Assoc. of Ga. Georgians for Clean Water 120 Barrington Hills Dr. Atlanta, Georgia 30350
31. Void
32. E. DeForest Winslow, III Georgians for Clean Water P. 0. Box 960 Newnan, Georgia 30264
33. James A. Freeman Davidson Minerals Properties P. 0. Box 468 Lithonia, Georgia 30058
34. Betty Groepper League of Women Voters of Georgia, Inc. 811 Oakdale Road, N.E. Atlanta, Georgia 30307
35. Everett "Larry" Mcintyre Towing Recovery Assn. of Ga. 1471 Gresham Road Marietta, Georgia 30062
36. Dallas F. Whaley Towing and Recovery Assn. of Georgia Georgia Professional Towing and Recovery Association 3580 Yarmouth Hill Lawrenceville, Georgia 30244
37. Gary C. Humphrey Towing and Recovery Assn. of Georgia 2935 Moreland Avenue Conley, Georgia 30027
38. Paul "Mike" Holland, Jr. Towing and Recovery Assn. of Georgia 2509 Browns Bridge Road Gainesville, Georgia 30501
39. Don Ackerman Towing Recovery Assn. of Georgia 315 Main Street Macon, Georgia 31201

MONDAY, JANUARY 8, 1990

31

40. Hellen I. Guttinger Rockdale County Public Schools Main Street Conyers, Georgia 30207
41. Robert John Stegg Fulton County Government 141 Pryor Street Atlanta, Georgia 30303
42. Gerald L. Johnson National Association for Birth Defects National Hydrocethalus Assn. Georgia Master Appraisers Citizen P. 0. Box 815 Carrollton, Georgia 30117
43. Linda G. Williams Georgia School Food Service Association, Inc. 2372 Main Street Tucker, Georgia 30084-4456
44. Mary Noreen Skillman National Organization of Women 2049 McLendon Avenue, N.E. Atlanta, Georgia 30307
45. Carol A. White Dogwood City Business and Professional Women Georgia Assn. of Educators 500 Northside Circle, N.W. Apt. S-11 Atlanta, Georgia 30309
46. Keith E. Hatcher Georgia Realtors 3200 Presidential Drive Atlanta, Georgia 30340
47. Charles P. Barnard Berger, Barnard & Thomas, Inc. 3420 Norman Berry Drive Suite 270 Atlanta, Georgia 30354
48. Carole L. Cole Berger, Barnard, & Thomas, Inc. 3420 Norman Berry Drive Suite 270 Atlanta, Georgia 30354
49. Eugene Lee McCord Berger, Barnard, & Thomas, Inc, 3420 Norman Berry Drive Suite 270 Atlanta, Georgia 30354

50. John J. Chiaramonte, Jr. Olin Corporation 4363 North Ocoee Street Cleveland, Tennessee 37312
51. Vita R. Ostrander Georgia Council on Aging American Association of Retired Persons 1839 Mt. Royal Drive, N.E. Atlanta, Georgia 30329
52. Mark A. Fackler Ga. Credit Union Affiliates 1404 8th Avenue Albany, Georgia 31707
53. Charles D. Wilson Fort Howard Corporation P. 0. Box 19130 Green Bay, Wisconsin 54307-9130
54. Vern Karnstedt Reid-Roswell, Inc. 901 Sawyer Road Marietta, Georgia 30062
55. Gregory T. Bailey Gregory T. Bailey & Associates, P.C. 3715 Northside Drive Atlanta, Georgia 30327
56. Luke Livingston Sandoz Pharmaceutical Corp. 3307 Leeds Way Duluth, Georgia 30136
57. Lynn W. Bahnsen Johnson & Johnson P. 0. Box 1652 Athens, Georgia 30603
58. John W. Cox Georgia Association of Realtors, Inc. 3200 Presidential Drive Atlanta, Georgia 30340
59. Emily Ellis Georgia Nurses Assn. 1362 West Peachtree St., NW Atlanta, Georgia 30309
60. Fred Greer, Jr. The Citizens & Southern Corporation P. 0. Box 4899 35 Broad Street Atlanta, Georgia 30302-4899

32

JOURNAL OF THE HOUSE,

61. Deborah Bauer, R.N., M.P.H. Georgia Nurses Association 1746 Flagler Avenue, N.E. Atlanta, Georgia 303090
62. Edna G. Primas Georgia Nurses Association 1509 Cedar Avenue Macon, Georgia 31204
63. Amy B. Horn, R.N., M.N. Georgia Nurses Association 425 Brook Ridge Atlanta, Georgia 30340
64. Susan Dawkins, R.N., M.N. Georgia Nurses Association 806 North Hill Parkway Chamblee, Georgia 30341
65. Cathalene Teahan Georgia Nurses Association Georgia AIDS Coalition, Inc. P. 0. Box 1258 Snellville, Georgia 30278
66. Charles H. Hamblen Georgia Retired Teachers Assn. 2564 Flair Circle Atlanta, Georgia 30345
67. Larry D. Lloyd Central Health Services, Inc. 6666 Powers Ferry Road Suite 366 Atlanta, Georgia 30339
68. Harvey Benjamin Yellin Georgians for Victim Justice P. 0. Box 985 Valdosta, Georgia 31603
69. John A. Barnes Georgia Association of Assessing Officials P. 0. Box 145 Folkston, Georgia 31537
70. Elsie P. Brown Georgia Association for Primary Health Care 878 Peachtree Street, N.E. Suite 101 Atlanta, Georgia 30309
71. F. Abit Massey Georgia Poultry Federation P. 0. Box 763 Gainesville, Georgia 30503

72. Angelina R. Luke Atlanta Apartment Assn. 3155 Presidential Drive Suite 104 Atlanta, Georgia 30340
73. Sherry L. Abbott Outdoor Advertising Association of Georgia 732 Ashby Street, N.W. Atlanta, Georgia 30318
74. John Poole Georgia Self Insurers Assn. Business Council of Georgia Georgia Liability Crisis Coalition 233 Peachtree Street Suite 200 Atlanta, Georgia 30303-2705
75. Kelli M. Mock Business Council of Georgia 233 Peachtree Street Suite 200 Atlanta, Georgia 30303
76. Donald N. Upton Citizen 211 E. Thompson Street Thomaston, Georgia 30286
77. Rickey Garrett International Association of Machinist 1351 Beaver Oak Drive Macon, Georgia
78. Henry C. Johnson, Sr. International Association of Machinist 7383 Grover Drive Macon, Georgia 31206
79. Scott Thomas International Association of Machinist 3168 South Walden Road Macon, Georgia 31206
80. Michael H. Gardner Backery, Confectionery & Tobacco Local 362 T Macon Federation of Trades & Labor AFL-CIO 2932 Dalton Street Macon, Georgia 31206
81. T. J. Phillips Communications Workers of America Local 3217 3880 Melrose Street Macon, Georgia 31204

MONDAY, JANUARY 8, 1990

33

82. Void
83. Jack Girard Automobile Club-AAA Georgia 1100 Spring Street, N.W. Atlanta, Georgia 30367
84. John A. Molnar Union Carbide Corporation 631 Brandi Lane Lawrenceville, Georgia 30244
85. Charlotte Wilen Continuum Alliance for Healthy Mothers and Children, Inc. 1252 West Peachtree Street, N.W. Suite 311 Atlanta, Georgia 30309
86. Ronald L. Cain United Steelworkers of American Local 7731 P. 0. Box 159 Perry, Georgia 31069
87. Dick Dorsey American Insurance Association 950 East Paces Ferry Road Suite 2240 Atlanta, Georgia 30326
88. Lasa Joiner Georgia Society for Respiratory Therapy Georgia Library Association Georgia Psychiatric Physicians Association 2711 Irvin Way Decatur, Georgia
89. William Alexander City of Atlanta City of Savannah 1195 Lenox Circle, N.E. Atlanta, Georgia 30306
90. Michael R. Fowler Mental Health Association of Metropolitan Atlanta Mental Health Association of Georgia Residential Services Coalition Citizens and Agencies for Troubled Children (CATCH) 100 Edgewood Ave., Suite 502 Atlanta, Georgia 30303

91. Pamela R. Ware Mental Health Association of Metropolitan Atlanta Mental Health Association of Georgia Residential Services Coalition Citizens and Agencies for Troubled Children (CATCH) 100 Edgewood Avenue, N.E. I, Suite 502 Atlanta, Georgia 30303
92. Michael S. Raynor Southern Bell 125 Perimeter Center West Suite 346 Atlanta, Georgia 30346
93. Billy J. Baron ABC Home Health Services 5901-C-Suite 345 Atlanta, Georgia 30328
94. Martha Eaves American Association of Retired Persons OWL 988 Mildtead Avenue Conyers, Georgia 30207
95. Ms. Edith A. Eberhart Georgia Women's Political Caucus 6540 Bellburn Road College Park, Georgia 30349
96. Sylvia M. Sultenfuss Georgia Nurses Association 1457 S. Ponce De Leon Ave.,NE Atlanta, Georgia 30307
97. Rhonda Poston Southern States Landfill, Inc. 4696 Oakdale Road Smyrna, Georgia 30080
98. Gil Muratori Hoechst-Celanese Corp. 12203 S.W. 107 Court Miami, Florida 33176
99. Abbi Little Alcoa Recycling Company, Inc. 1900 Century Boulevard Suite 17 Atlanta, Georgia 30345
100. Travis W. Barlow Citizen P. 0. Box 686 Pooler, Georgia 31322
101. Jim Morrison Ga. Game & Fish Federation P. 0. Box 1194 Darien, Georgia 31305

34

JOURNAL OF THE HOUSE,

102. Sharon Aikens Mack Mr. Money Check Casher 59 E. Derenne Avenue Savannah, Georgia 31405
103. Eric W. Cash Southern States Recycling 4696 Oakdale Road Smyrna, Georgia 30080
104. Dr. Malcolm Cummings Georgia Association of Christian Schools Suite 218 337 South Milledge Avenue Athens, Georgia 30605
105. William B. Wood Atlanta Convention and Visitors Bureau Georgia Hospitality & Travel Bureau Georgia Automobile Dealers Association Chadwick Road Landfill, Inc. A. E. Staley Co. Farley Industries, Inc. Citicorp Columbia Bank for Cooperatives 2400 First Atlanta Tower Atlanta, Georgia 30383
106. Hazel C. Cotney Georgia Chiropractic Assn. 142 Mitchell Street, S.W. Suite LL1 Atlanta, Georgia 30303
107. Thomasene Blount Roberts Morris Brown College 643 Martin Luther King Jr. Drive, S.W. Morris Brown College Atlanta, Georgia 30331
108. John D. Folds, Jr. State Farm Ins. Companies 1585 Phoenix Boulevard Suite 5 Atlanta, Georgia 30349
109. Kathryn Egan Stout Citizen 110 North Mill Road Atlanta, Georgia 30328
110. Gary W. Black Georgia Agribusiness Council 340 Ag. Bldg. Capitol Square Atlanta, Georgia 30334

111. Gilbert H. Gidley The Georgia Conservancy 2914 Rockingham Drive Atlanta, Georgia 30327
112. William Richard Payne Citizen 2164 Ft. Benning Road Columbus, Georgia 31903
113. Dean G. Auten Agents Action Committee, Inc. 6122 Altama Ave. Brunswick, Georgia 31520
114. Edwin B. Topmiller Ga. Sport Shooting Assn. P. 0. Box 9748 2328 Cortez Way Atlanta, Georgia 30319
115. Ronald F. Updyke General Motors Corp. 5730 Glenridge Drive Suite 205 Atlanta, Georgia 30328
116. Dr. Janie Smallwood Professional Association of Georgia Educators Georgia Assn. of Curriculum & Instructional Supervision Georgia Association of Educational Leaders 1105 E. College Street Bainbridge, Georgia 31717
117. Michael M. Kumpf BP America, Inc. 9040 Roswell Road Suite 500 Atlanta, Georgia 30350
118. Joe W. Andrews, Jr. Georgia Dairy Products Assn. Georgia Industrial Loan Asoc. Cole National Corporation Georgia Association of Superior Court Clerks Georgia Tax Officials Assn. P. 0. Box 801 Macon, Georgia 31202
119. Ted L. Hammock National Science Center Foundation P. 0. Box 1648 127 7th Street Augusta, Georgia 30903

MONDAY, JANUARY 8, 1990

35

120. Virgil T. Smith American Association of Retired Persons (AARP) Virgil T. Smith Assoc. P. 0. Box 1471 Dalton, Georgia 30722-1471
121. Dale E. Brown International Association for Financial Planning Two Concourse Parkway Suite 800 Atlanta, Georgia 30328
122. Bettye L. Stokes, R.N. Georgia Nurses Association CHI ETA PHI Nursing Sorority 404 Espinosa Street Augusta, Georgia 30901
123. Void
124. Coy R. Johnson Lipscomb, Johnson, Ashway 112 N. Main Street Cumming, Georgia 30130
125. Robert A. Cucchi Ford Motor Company 245 Peachtree Center Ave. Suite 2204 Atlanta, Georgia 30303
126. Earl T. Leonard, Jr. The Coca-Cola Company P. 0. Drawer 1734 Atlanta, Georgia 30301
127. Bonita P. Murdock Georgia Dental Hygienists Association Route 2, Box 788 Forsyth, Georgia 31029
128. Helen P. Smith Georgians for Victim Justice P. 0. Box 2309 Savannah, Georgia 31404
129. Judson C. Greene American Association of Retired Persons #2325 1332 Vista Leaf Drive Decatur, Georgia 30033
130. John H. Thomas Georgia Tobacco Business Network Fraternal Order of Police Georgia Burglar and Fire Alarm Association, Inc. Ga. Public Safety Coalition Alamo Rental Car, Inc. Building 2400 300 Langford Road Norcross, Georgia 30071

131. J. Barry Schrenk Taggart's/Sears Driving School Sears Driving School Association of Georgia Driver Improvement Clinics 3566 Lawrenceville Highway Tucker, Georgia 30084
132. Jack Wolcott Collins Christian Science Committee on Publication for Ga. 534 Medlock Road Room 108 Decatur, Georgia 30030
133. James L. Cherry National Center for Handicapped Rights, Inc. 625 Reds Circle Lilburn, Georgia 30247
134. Sylvia Cherry National Center for Handicapped Rights, Inc. 625 Reds Circle Lilburn, Georgia 30247
135. C. Robert Smith Georgia Association of Assessing Officials 6754 Broad Street Douglasville, Georgia 30134
136. Joseph Carlisi Association of Georgia Driver Improvement Clinics Buford Highway D.U.I. School South Fulton Driver Improvement Clinic Citizen 4649 Buford Highway Chamblee, Georgia 30341
137. Harold E. Bryant Blue Cross and Blue Shield of Georgia Inc. P. 0. Box 7368 Columbus, Georgia 31908
138. Ann Wells White Georgians for Choice Georgia Women's Political Caucus Planned Parenthood of the Atlanta Area 145 Fifteenth Street, #1237 Atlanta, Georgia 30361

36

JOURNAL OF THE HOUSE,

139. James C. Thompson United Auto Workers 1280 Winchester Park Suite 131 Smyrna, Georgia 30080
140. Gene Sanders United Auto Workers Union 1280 Winchester Parkway Suite 131 Smyrna, Georgia 30080
141. Quinn Hudson Fireside Log Homes The Learning Station Atlanta Association of Life Underwriters Atlanta Brewing Co. Deak International Limited The William Ross Group 3179 Peachtree Road Suite 200 Atlanta, Georgia 30305
142. Gregory G. Kergosien The Upjohn Company 38 Lyme Bay Road Columbia, S.C. 29212
143. Mary Frances Williams National Association of Social Workers-Georgia Workers Georgia Association of Licensed Adoption Agencies Families First 1105 West Peachtree St. Atlanta, Georgia 30309
144. J. Brian Munroe HLR Service Corporation 1050 Connecticut Avenue Washington, DC 20036
145. Bill McBrayer Georgia Retail Association Georgia Chain Drug Council Opticians Association of Ga. 100 Edgewood Avenue, N.E. Suite 1804 Atlanta, Georgia 30303
146. Alton H. Hopkins Crown Central Petroleum Corp. Suite 1607 3400 Peachtree Road, N.W. Atlanta, Georgia 30326

147. William G. Appel Georgia Independent Automobile Dealers Assn. 2175 Northlake Parkway Suite 128 Tucker, Georgia 30084
148. Ron Byrd Rorer Pharmaceutical Corp. Route 9, Box 239A #1 Cannonball Lane Ringgold, Georgia 30736
149. Frank Barron Thorpe Georgia Wholesale Grocers Association P. 0. Box 7776 Macon, Georgia 31209
150. Linda Coursey Jones Atlanta Audubon Society Post Office 29217 Atlanta, Georgia 30359
151. Richard B. Cobb Georgia Petroleum Council 50 Hurt Plaza, Suite 720 Atlanta, Georgia 30303
152. Lucy C. Willis, RNC Georgia Nurses Association Georgia Association of Occupational Health Nurses 1377 Oakleigh Drive East Point, Georgia 30344
153. Robert C. Boone Chevron U.S.A. Inc. P. 0. Box 1706 Atlanta, Georgia 30301
154. Lynn L. White Georgia Child Care Assn. 920 Green Street Conyers, Georgia 30207
155. Robert M. Jeter Motorola Communications 1825 South Oaks Byromville, Georgia 31007
156. William Greenhaw Professional Association of Georgia Educators 3593 Overlook Avenue Macon, Georgia
157. Jet Toney Georgia Trial Lawyers Assn. 41 Marietta Street Suite 714 Atlanta, Georgia 30303

MONDAY, JANUARY 8, 1990

37

158. Sandra C. Mershon Citizen 952 Edgewood Avenue, N.E. Atlanta, Georgia 30307
159. J. Robert Benton Wine Institute 7179 Jonesboro Road Suite 200 Morrow, Georgia 30260
160. Perry Price Citizen Law Offices of D. Pam Monroe 180 Roswell Street, Suite B Marietta, Georgia 30060
161. Theresa Ann Sipe American College of Nurse Midwives, Georgia Chapter 537 Lakeshore Drive. Berkley Lake, Ga. 30136-3035
162. Ernest Davis, Jr. Atlanta Legal Aid Society Ga. Legal Services Programs 151 Spring Street, N.W. Atlanta, Georgia 30335
163. W. A. Bagwell Alliance of American Insurers P. 0. Box 1 Gainesville, Georgia 30503
164. Neat H. Ray Heyman & Sizemore 1940 Equitable Building Atlanta, Georgia 30303
165. Stephen Hyles Georgia Private School Assn. 927 3rd Avenue Columbus, Georgia 31902
166. Nevin Jones Ga. Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
167. Peggy A. Ashe Mental Health Assoc. of Ga. 1244 Clairmont Road Ste. 204 Decatur, Georgia 30030
168. Harry L. Werner Professional Association of Georgia Educators Locust Grove Elem. School 1727 Griffin Road Locust Grove, Georgia 30248

169. Brian T. Evans Appleton Family Ministries Middle Georgia Council for Children & Youth Georgia Residential Child Care Association P. 0. Box 210 Juliette, Georgia 31046
170. Ralph S. Turner DeKalb Grand Jurors Assn. 2773 N. Decatur Road Decatur, Georgia 30033
171. Mrs. Johnnie Forgay Georgia Nurses Association 4220 Klondike Road Lithonia, Georgia 30038
172. W. R. Hornsby Georgia Professional Bail Agents 750 Glass Street, N.W. Atlanta, Georgia 30318
173. Thomas H. Brewer Georgia Association Professional Bail Agents 254 Pryor Street Atlanta, Georgia 30303
174. Robert D. Clark Southern Net, Inc. Citizen 8595 Dunwoody Place Atlanta, Georgia 30350
175. Lisa Johnsa Citizen Gwinnett Justice Adm. Center 75 Langley Drive Lawrenceville, Ga. 30518
176. Herbert H. Mabry Georgia AFL-CIO 501 Pulliam Street, S.W. Suite 549 Atlanta, Georgia 30312
177. James W. McAllister City School Systems of Ga. Professional Association of Georgia Educators 303 Waverly Way Lagrange, Georgia 30241
178. Robert H. Forry Troutman, Sanders, Lockerman & Ashmore 1400 Candler Building Atlanta, Georgia 30043

38

JOURNAL OF THE HOUSE,

179. Gould B. Hagler, Jr. Independent Insurance Agents of Georgia P. 0. Box 48386 Atlanta, Georgia 30362
180. Richard A. Ray Atlanta Labor Council AFL-CIO 501 Pulliam Street, S.W. Suite 233 Atlanta, Georgia 30312
181. James P. Kulstad Campaign for a Prosperous Georgia Common Cause of Georgia 158 Flora Avenue Atlanta, Georgia 30307
182. Daniel P. Starnes Council for Children, Inc. 100 Edgewood Avenue Suite 1008 Atlanta, Georgia 30303
183. Fred B. Kitchens, Jr. Wine & Spirits Wholesalers of Georgia Suite 414 Six Piedmont Center 3525 Piedmont Road, N.E. Atlanta, Georgia 30305
184. Gay Colyer Junior League of Atlanta 946 Winall Down Road Atlanta, Georgia 30319
185. David Swann Citizen P. 0. Box 7313 Atlanta, Georgia 30357
186. Kathleen B. Moss Henry County Farm Bureau Citizen 641 Brannan Road McDonough, Georgia 30253
187. Charles Musselwhite Georgia Association of Educational Leaders P. 0. Box 909 Dahlonega, Georgia 30533
188. JohnS. Yates Georgia Association of Educational Leaders P. 0. Box 909 Dahlonega, Georgia 30533

189. W. A. (Bill) Hathaway Georgia Federal/Military Retiree Coalition Georgia Federation of Chapters, NARFE 1067 McConnell Drive Decatur, Georgia 30033
190. Robert R. Potter State Farm Insurance Co. 1355 Peachtree Street Atlanta, Georgia 30309-3238
191. B. Keith Melton Atlanta Economic Development Corporation (AEDC) 230 Peachtree Street, N.W. Suite 1810 Atlanta, Georgia 30303
192. Michael Axon Atlanta Federation of Teachers Georgia Federation of Teachers AFL-CIO 374 Maynard Terrace, S.E. #202 Atlanta, Georgia 30316
193. E. Douglas Henson Georgia Dental Association 400 Cleveland Avenue Atlanta, Georgia 30315
194. Ann Adamson Joe Sports Associates, Inc. 2160 East Lake Road, N.E. Atlanta, Georgia 30307
195. Milo Dakin Alabama Sports Association 400 South Union, Suite 405 Montgomery, Alabama 36104
196. Ervin W. Goodroe Building Material Merchants Association P. 0. Box 160 Austell, Georgia 30001
197. Joseph J. Kelly Texaco Lubricants Company Texaco Inc. Texaco USA Star Enterprise P. 0. Box 4582 Atlanta, Georgia 30302
198. Pat Gardner Georgia Psychological Assn. 1170 Fourteenth Place Atlanta, Georgia 30309

MONDAY, JANUARY 8, 1990

39

199. Jim Tudor Georgia Association of Convenience Stores P. 0. Box 739 Tucker, Georgia 30085-0739
200. James H. Purcell Alliance of American Insurers 501 Cain Tower Peachtree Center 229 Peachtree Street, N.E. Atlanta, Georgia 30303-1601
201. D. H. (Jack) Brewer Olin Corp. 4363 N. Ocoee Street Cleveland, Tennessee 37312
202. Elaine LaLonde League of Women Voters of Georgia, Inc. 100 Edgewood Avenue, #1010 Atlanta, Georgia 30303
203. Jim H. Groome China Clay Producers Assn. Inland Container Corp. 2625 Cumberland Parkway Suite 485 Atlanta, Georgia 30339
204. Wales F. Barksdale A. R. Barksdale, Inc. Snapping Shoals Electric Membership Corp. City of Conyers Con Roc Inc. Flynt Lumber Company 981 Milstead Avenue Conyers, Georgia 30207
205. Tim G. Griffin Alltel Georgia, Inc. 10005 Monroe Road P. 0. Box 625 Matthews, N.C. 28106-0625
206. Jeff Bickerstaff American Family Life 1821 Iris Drive Columbus, Georgia 31906
207. Monty Veazey Home Builders of Georgia Scientific Games Consulting Engineers 3M Company Chambers Development, Inc. Georgia Not For Profit Hospitals, Inc. P. 0. Box 1572 Tifton, Georgia 31793

208. Susan E. Whitney League of Women Voters of Georgia 2844 Jasmine Court Atlanta, Georgia 30345
209. James A. Labanosky Monsanto Chemical Company 1610 Marvin Griffin Road Augusta, Georgia 30903
210. Bobby Riley Georgia Industrial Technology Education Assn. (GITEA) Professional Association of Georgia Educators 1550 Blvd. Drive, N.E. Atlanta, Georgia 30317
211. Eva Galambos Committee for Sandy Springs 5070 Trimble Road Atlanta, Georgia 30342
212. Martin C. Petersen Gilman Paper Company P. 0. Box 878 St. Marys, Georgia 31558
213. Rita Valenti Georgia Nurses Association 600 Northern Avenue Apt. F-301 Clarkston, Georgia 30021
214. Charlotte Gattis Georgia Manufactured Housing Association 1000 Circle 75 Parkway Suite 060 Atlanta, Georgia 30339
215. Marie P. Mitchell Professional Association of Georgia Educators 715 McLendon Street Ashburn, Georgia 31714
216. Larry Baumwald Agents Action Committee, Inc. Nationwide Insurance Ind. Contractors Association 260 N. Milledge Avenue P. 0. Box 8025 Athens, Georgia 30603
217. William M. Davis, DDS. Georgia Sport Shooting Assn. 2482 Jett Ferry Road Suite 6805, B5 Dunwoody, Georgia 30338

40

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218. Rachel B. Champagne Metropolitan Atlanta Crime Commission Georgians for Victim Justice 100 Edgewood Avenue Room 128 Atlanta, Georgia 30303
219. Robert K. Yass The Travelers Companies One Tower Square, 6-SHS Hartford, CT. 06183-1060
220. Don Floyd Georgia Association of Professional Bondsmen 270 Pryor Street, SW Atlanta, Georgia 30303
221. Bill W. Gray RBN Consultants Limited Georgia Hearing Aid Society City of Roswell 11405 Hackett Road Roswell, Georgia 30075
222. Peggy Stewart Professional Association of Georgia Educators 1308 Highland Avenue Dublin, Georgia 31021
223. Thomas Perry Stewart Professional Association of Georgia Educators 1308 Highland Avenue Dublin, Georgia 31021
224. Bob L. Izlar Georgia Forestry Assn., Inc. 500 Pinnacle Court Suite 505 Norcross, Georgia 30071
225. Alethea K. Garnett Georgia Pacific Corporation P. 0. Box 105605 Atlanta, Georgia 30348
226. LeeR. Lemke Georgia Mining Assn. China Clay Producers Assn. 2625 Cumberland Parkway Suite 485 Atlanta, Georgia 30339
227. J. P. Harrington, Jr. Professional Insurance Agents of Georgia 39 S. Peachtree Street Norcross, Georgia 30071

228. Linda S. Lowe Clients of Georgia Legal Services Program Continuum Alliance for Healthy Mothers & Children 161 Spring Street Atlanta, Georgia 30303
229. Elizabeth Marsh Martin Junior League of DeKalb Co. 1081 Virginia Avenue, N.E. Atlanta, Georgia 30306
230. Michael R. MacKenzie Parole Consultant Services of Georgia, Inc. 974 Klondike Court Suite 102 Conyers, Georgia 30207
231. Herman R. Daniell Georgia Association of Assessing Officials 1 Depot Street Marietta, Georgia 30060
232. Robert L. Steed Federated, Inc. 2500 Trust Company Bank Atlanta, Georgia 30303
233. Albert F. Collins Citizens for Safe Government P. 0. Box 93345 Atlanta, Georgia 30318
234. C. Robert Hilliard Citizens for Safe Government P. 0. Box 93345 Atlanta, Georgia 30318
235. George B. Hills Citizens for Safe Government P. 0. Box 93345 Atlanta, Georgia 30318
236. Jack Cory Resource Technology Associates, Inc. Mindis International Southern Lobbying Services Attwoods, Inc. Medx, Inc. Vesta Technology Industrial Waste Service Alamo Car Rental Inc. 120 E. Jefferson Street Tallahassee, Florida 32301

MONDAY, JANUARY 8, 1990

41

237. Keyna Dyar Cory Resource Technology Associates, Inc. Mindis International Southern Lobbying Services Attwoods, Inc. Medx, Inc. Vesta Technology Industrial Waste Service Alamo Car Rental, Inc. 120 East Jefferson Street Tallahasee, Florida 32301
238. Brian Johnstone American Telephone & Telegraph & Affiliated Companies 1200 Peachtree Street N.E. Atlanta, Georgia 30309
239. Michele A. Shelton Georgia Fed. of Teachers AFL-CIO 5901-B Peachtree Dunwoody Suite 475 Atlanta, Georgia 30328
240. James Hoffer Georgia Fed. of Teachers Suite 475 5901B Peachtree Dunwoody Rd., N.K Atlanta, Georgia 30328
241. John M. Albertine Farley, Inc. 6300 Sears Tower Chicago, Illinois 60606
242. Conrad J. Sechler Georgia Financial Services Association Eagle Bancshares, Inc. Central Underwriters, Inc. 2355 Main Street Tucker, Georgia 30084
243. Jack H. Housworth Mechanical Industries Council 1950 Century Boulevard Suite 5 Atlanta, Georgia 30345
244. Delores Gallego Air Transport Assn. of America Delta Air Lines, Inc. Dept. 977 Hartsfield Atlanta International Airport Atlanta, Georgia 30320

245. James N. Parkman Business Council of Georgia 233 Peachtree Street Suite #200 Atlanta, Georgia 30303
246. Mark D. Anthony Gwinnett GOP Students for an Educated Ga. Georgia GOP 4371 Winters Chapel Road #322 Atlanta, Georgia 30360
247. June Deen American Lung Assn. of Ga. 2452 Spring Road Smyrna, Georgia 30080
248. Luke R. Lassiter National Association of Independent Insurers 106 Pine Crest Drive Cumming, Georgia 30130
249. Ray P. Williams Georgia Academy of Family Physicians Ga. Society of Ophthalmology 938 Peachtree Street, N.E. Atlanta, Georgia 30309
250. James D. King, Jr. Metropolitan Atlanta Rapid Transit Authority 2424 Piedmont Avenue Atlanta, Georgia 30324
251. James L. Mynes ITT Consumer Financial Corp. 2218 6th Ave. S.E. P. 0. Box 1513 (Mail) Decatur, AL 35602
252. Joe Brannen Georgia Bankers Association 50 Hurt Plaza, Suite 1050 Atlanta, Georgia 30303
253. Sam M. Poole Dupont Co. Conoco Inc. Kayo Oil Co. Consol One American Place, Suite 1820 Baton Rouge, LA 70825
254. Archie Burnham The Georgia Safety Council 5829 Little Mountain Drive Ellenwood, Georgia 30049

42

JOURNAL OF THE HOUSE,

255. Bob Margolin Syntex Laboratories Inc. 4544 Leonora Drive Tucker, Georgia 30084
256. John C. Miller National Advertising Co. 1855 Oak Lake Drive Clearwater, Florida 34624
257. Herman L. Moore Georgia Pacific Corp. P. 0. Box 105605 Atlanta, Georgia 30348
258. Palmira Braswell Professional Association of Georgia Educators 3016 Paige Drive Macon, Georgia 31211
259. Thomas A. Player Aetna Insurance Company 75 Poplar Street Haas Howell Building Atlanta, Georgia 30303-2122
260. Judith Baird Aetna Casualty & Surety Co. Marquis Two, Suite 2600 285 Peachtree Center Avenue Atlanta, Georgia 30303-1270
261. Danny A. Toth Georgia Pharmaceutical Assn. Holmes Pharmacy 111 Main Street Lagrange, Georgia 30240
262. William J. Shortt Johnson & Johnson P. 0. Box 2537 Gainesville, Georgia 30503
263. Karen S. Gillespie Bristol-Myers P. 0. Box 16503 Atlanta, Georgia 30321
264. G. L. (Roy) Bowen, III Georgia Textile Manufacturers Association, Inc. 50 Hurt Plaza, Suite 985 Atlanta, Georgia 30303
265. Linda G. Edmonds Georgia Optometric Assn. P. 0. Box 36313 Decatur, Georgia 30032

266. Carrie King Downs Georgia Interconnect Assn. 1600 Oakbrook Drive Suite 580 Norcross, Georgia 30247
267. J. Emmett Henderson Georgia Council on Moral & Civic Concerns, Inc. 2930 Flowers Road South Ste 102 Atlanta, Georgia 30341
268. James C. Clinkscales Ga. Federation of Appraisers Nat. Federation of Appraisers National Federation of Real Estate Professionals Georgia Federation of Real Estate Professionals Suite 206, 145 South Ave. Marietta, Georgia 30060
269. Helga Nehl Assn. of Eclectic Physicians Informed Health Care Assn. of Georgia, Inc. Citizen P. 0. Box 129 Kingston, Georgia 30145
270. Jim Martin Georgia Society of CPA's, Inc. 3340 Peachtree Road, N.E. Suite 2750 Atlanta, Georgia 30326
271. Kip Loggins Allstate Insurance Company Suite 900 One Premier Plaza 5605 Glenridge Drive Atlanta, Georgia 30342
272. Georgianne Bearden Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 31029
273. H. Sidney Linton GTE South 1640 Powers Ferry Road Building 18, Suite 320 Atlanta, Georgia 30067
274. Lansing B. Lee, III Attorney at Law Cigna, Corp. Gambrell Investments Patton, Boggs, & Blow Attys. 2550 M Street, N.W. Washington, DC 20037

MONDAY, JANUARY 8, 1990

43

275. Donald C. Colby United Technologies Pratt & Whitney P. 0. Box 9903 Columbus, Georgia 31908
276. Donald E. Tefft First Insurance Network, Inc. Peachtree Casualty Insurance 165 Brickleberry Drive Roswell, Georgia 30075
277. Neill Herring Campaign for a Prosperous Ga. Georgia Association of Railroad Passengers Georgia Chapter Sierra Club Amalgamated Transit Union Local 732 257 S. Elm Street Jesup, Georgia 31545
278. Vickie Moody Beasley Georgia Association of Homes and Services for the Aging 2719 Buford Hwy. #207 Atlanta, Georgia 30324
279. Cliff C. "Bucky" Kimsley, III Bank South, N.A. 55 Marietta Street Atlanta, Georgia 30303
280. Grady Perry, Jr. Georgia League & Savings Institution 41 Marietta Street, Suite 507 Atlanta, Georgia 30303
281. Sharon Adams Prime Cable Citizen Georgia Cable Assn. Waste Management, Inc. A. L. Williams Corp. 1009 Oglethorpe Avenue Atlanta, Georgia 30310
282. Priscilla Casciolini Citizen's and Agencies for Troubled Children Georgia Alliance for the Mentally Ill Mental Health Association of Metro Atlanta 342 Nalley Drive Stone Mountain, Ga. 30087

283. Neal B. Caldwell Georgia Association of Petroleum Retailers, Inc. 900 North Hairston Road SuiteD Stone Mountain, Georgia 30083
284. Richard L. Marshall, Sr. Georgia Association of Petroleum Retailers, Inc. 900 North Hairston Road SuiteD Stone Mountain, Georgia 30083
285. Jack W. Houston Georgia Association of Petroleum Retailers, Inc. 900 North Hairston Road SuiteD Stone Mountain, Georgia 30083
286. Julius M. Lennard, Jr. Grand Jurors Association of Fulton County 111 Huntington Road, N.E. Atlanta, Georgia 30309
287. Bobby G. Martin Fulton County Retired Teachers Association Citizen 149 Westherstone Parkway Marietta, Georgia 30068
288. Donna E. Lane Gwinnett County Children's Shelter Georgia Residential Child Care Association P. 0. Box 1331 Lawrenceville, Georgia 30246
289. Ed McGill Georgia Alcohol Dealers Association, Inc. Suite A-106 1500 Klondike Road Conyers, Georgia 30207
290. George Hugh Ross Marion Merrell Dow Inc. 4678 Jefferson Township Lane Marietta, Georgia 30066
291. Robert J. Middleton, Jr. Municipal Gas Authority of Georgia, The Municipal Electric Authority of Georgia 1400 Peachtree Place Tower 999 Peachtree St., N.E. Atlanta, Georgia 30309-3999

44

JOURNAL OF THE HOUSE,

292. Lee Richardson Abate of Georgia, Inc. P. 0. Box 2356 Smyrna, Georgia 30081
293. Gerald W. Bowling Municipal Gas Authority of Georgia, The Municipal Electric Authority of Georgia 1400 Peachtree Place Tower 999 Peachtree Street, N.E. Atlanta, Georgia 30309-3999
294. James R. Davis Georgia Association of Assessing Officials 439 Cotton Avenue Macon, Georgia 31201
295. Carl M. Toney Georgia Association of Physician Assistants 232 12th St., N.E., #1 Atlanta, Georgia 30309
296. Gary M. Holmes City of Atlanta 1270 South Tower One CNN Center Atlanta, Georgia 30303-2705
297. Shirley Brother Citizen 119 Pharr Road, NW, #B-2 Atlanta, Georgia 30305
298. William (Bill) Renouf Associates Corporation of North America 2175 Parklake Drive Suite 430 Atlanta, Georgia 30345
299. Dick (Richard) Rhodes Georgia AIDS Education Group Legal (Legislate Equality for Gays and Lesbians) Citizen 1298 Keys Lake Drive Atlanta, Georgia 30319
300. Karen Opp Labarr Citizen 2131 Strasburg Court Dunwoody, Georgia 30338
301. Stephen Kip Burt Citizen 4367 Creek Sub Gainesville, Georgia 30501

302. George P. Dillard Dillard, Greer, Westmoreland & Wilson Suite 1700 999 Peachtree St., NE Atlanta, Georgia 30309
303. Percy Marchman Georgia Association Property & Casualty Insurance Companies 2799 Lawrenceville Highway Suite 200 Decatur, Georgia 30033
304. Harold L. Russell Radar, Inc. Georgia Assn. of Realtors Eastern Airlines 2400 First Atlanta Tower Atlanta, Georgia 30383
305. J. C. Reynolds Amalgamated Transit Union 501 Pulliam Street, SW Suite 350 Atlanta, Georgia 30312
306. Judith A. Janus Georgia Association of Home Health Agencies, Inc. 6666 Powers Ferry Road Suite 260 Atlanta, Georgia 30339
307. Raymond C. Smith Teamsters Local 728 2540 Lakewood Avenue Atlanta, Georgia 30315
308. Ellen B. Coody Professional Association of Georgia Educators Georgia Vocational Assn., Inc. 3700 B Market Street Clarkston, Georgia 30021
309. Amos A. Plante Exxon Corporation P. 0. Box 60626 New Orleans, LA 70160-0626
310. Rusty"Kidd Georgia Podiatric Medical Association Georgia Society of C.P.A.'s Morgan Homes Clients of Kidd and Associates Hemophilia Foundation of Ga. R. J. Reynolds U.S.A. Georgia Special Olympics Middle Georgia Management Services, Inc. Georgia Business Travel Corp. P. 0. Box 77102 Atlanta, Georgia 30357

MONDAY, JANUARY 8, 1990

45

311. John R. Reineke Waste Management, Inc. 5810 Asbridge Court Stone Mountain, Ga. 30087
312. Bruce E. Widener Georgians for Better Transportation Printing Industry Assn. of Georgia Yancey Brothers Company Georgia Equipment Distributors Assn. Georgia Utility Contractors Association Conditioned Air Association of Georgia Georgia Drillers Association 1847 C-Peeler Road Dunwoody, Georgia 30338
313. Joseph C. Barto, LTC Ret. Georgia Retired Officers Association Georgia Federal Military Coalition 3229 Barkside Court Chamblee, Georgia 30341
314. Robert R. King Georgia Hospitality & Travel Association 600 West Peachtree St., N.W. Suite 1500 Atlanta, Georgia 30308
315. Sam E. West Beneficial Management Co. of America Seed Lake, Rt. #1, Box 2506 Lakemont, Georgia 30552
316. John P. Silk Georgia Telephone Assn. 1900 Century Blvd., Suite 8 Atlanta, Georgia 30345
317. J. Render Hill US Sprint Court Square Greenville, Georgia 30222
318. Pat Chapman American Home Health Care 3250 Memorial Drive Decatur, Georgia 30032
319. Margie Pitts-Hames Georgia Abortion Providers 2671 Rivers Road Atlanta, Georgia 30305

320. Tavia McCuean The Nature Conservancy 1401 Peachtree St. NE, Ste 136 Atlanta, Georgia 30309
321. Susan Dalton Georgia Library Media Assn. Professional Association of Georgia Educators 4803 Floyd Road Mableton, Georgia 30080
322. Allen Gossett Georgia Industrial Technology Educators Association Georgia Vocational Assn. Professional Association of Georgia Educators East Rome High School 1401 Turner McCall Blvd. Rome, Georgia 30161
323. Jim Kittrell CSX Transportation 1590 Marietta Blvd., N.W. Atlanta, Georgia 30318
324. Marybeth Robertson Atkins Georgia Electric Membership Corporation 151 Ellis Street, Suite #422 Atlanta, Georgia 30303
325. Ruth F. Clairborne Visiting Nurse Corporation Georgia Council on Child Abuse Planned Parenthood of the Atlanta Area, Inc. Girl Scouts Councils of Ga. School Social Workers Association of Georgia Girl Scout Council of Georgia 120 Ralph McGill Blvd. Suite 1600 Atlanta, Georgia 30308
326. Roger T. Lane Georgia Oilmen's Assn. 3581 Habersham at North Lake Tucker, Georgia 30278
327. Stewart Acuff Georgia State Employees Union, Local1985 501 Pulliam Street, S.W. Suite 535 Atlanta, Georgia 30312

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JOURNAL OF THE HOUSE,

328. Francis J. Mulcahy Life Insurance Co. of Ga. 5780 Powers Ferry Road, N.W. Atlanta, Georgia 30327-4390
329. Jane Thomas Professional Association of Georgia Educators 2989 Evans Woods Drive Atlanta, Georgia 30340
330. Joan R. Cates Planned Parenthood of the Atlanta Area 100 Edgewood Avenue, N.E. Suite 1604 Atlanta, Georgia 30303
331. Mary Farmer Hill, Rose & Farmer 1810 Rockridge Place, NE Atlanta, Georgia 30324
332. Wilton Hill Georgia School Bus Drivers Association, Inc. P. 0. Box 158 Reidsville, Georgia 30453
333. Kay Y. Young Atlanta Legal Aid Society 161 Spring Street, N.W. Fifth Floor Atlanta, Georgia 30303
334. Gayle Sexton Georgia Health Care Assn. 3735 Memorial Drive Decatur, Georgia 30032
335. J. Wendell Brigance Georgia Health Care Assn. 3735 Memorial Drive Decatur, Georgia 30032
336. Yusuf Jamal Ali A&H Asbestos Removal, Inc. 108 E. Ponce De Leon Ave. Suite 204 Decatur, Georgia 30030
337. Gary P. Fowler Associated Gen. Contractors of America, Inc. 147 Harris Street, N.W. Atlanta, Georgia 30313
338. John F. Chambless Associated Gen. Contractors of America, Inc. 147 Harris Street, N.W. Atlanta, Georgia 30313

339. Colin S. Braybrooks United Family Life Ins. Co. 230 Houston Street, NE Atlanta, Georgia 30303
340. John T. Mitchell Mercer University 1400 Coleman Avenue Macon, Georgia 31207
341. Irene Munn Georgia Sheriffs Association 2060 East Exchange Place Suite 110 Tucker, Georgia 30084
342. Jack W. Hatcher Salem Carpet Mills, Inc. Carpet and Rug Institute P. 0. Box 10 Ringgold, Georgia 30736
343. Kelvin F. MacDonald Georgia Right to Life Committee, Inc. 8270 Dawn Drive Jonesboro, Georgia 30236
344. William R. Goodell King & Spalding 2500 Trust Company Tower Atlanta, Georgia 30303
345. Glenn B. Smith Georgia Cattlemen's Assn. P. 0. Box 11037 Macon, Georgia 31212
346. Randall M. Lipshutz Community Assn. Institute Georgia Chapter 2300 Harris Tower Peachtree Center 233 Peachtree Street, N.E. Atlanta, Georgia 30043
347. Susan Saleska Traffic Safety NOW Georgia Tire Dealers Assoc. Soap and Detergent Mfg. Georgia Coalition for Health Assoc. Ins. Risk Pool Georgia Coalition Persons with Developmental Disabilities National Head Injury Foundation, Georgia Association 2199 Bull Run Court Atlanta, Georgia 30062

MONDAY, JANUARY 8, 1990

47

348. Connie I. Graves Georgia Nurses Association 1362 W. Peachtree St., N.E. Atlanta, Georgia 30309
349. Gordon D. Giffin Long Aldridge & Norman 134 Peachtree Street Suite 1900 Atlanta, Georgia 30303
350. Kevin S. King Management Financial Services, Inc. The A. L. Williams Corp. 3100 Breckinridge Blvd. Building 1200 Duluth, Georgia 30136
351. Linda M. Wiltse Young Women's Christian Assn. 957 North Highland Avenue Atlanta, Georgia 30306
352. Richard L. Greene Georgia Health Network Medical Assn. of Georgia MAG Mutual Insurance Co. 938 Peachtree Street, N.E. Suite 207 Atlanta, Georgia 30309
353. James R. Newman Southern Bell 346-125 Perimeter Center West Atlanta, Georgia 30346
354. Ellen A. Rhoades Auditory Education Center 2045 Peachtree Rd., N.E. Suite 810 Atlanta, Georgia 30309
355. Martha S. Phillips Georgia Dental Association 2951 Flowers Road, South Suite 112 Atlanta, Georgia 30341
356. Joseph R. Parrott, Jr. ITT Rayonier 750 Hammond Dr., Bldg. #9 Atlanta, Georgia 30328
357. Thomas J. Harrold, Jr. Northeast Georgia Surface & Air Transportation Comm. Motion Picture Association of America, Inc. Southeastern International Bankers Association 1409 Peachtree Street, N.E. Atlanta, Georgia 30309

358. Mary K. Felton Browning-Ferris Industries 2580 Woodward Way, N.W. Atlanta, Georgia 30305
359. Joyce Carter Stevens Browning-Ferris Industries 500 Northridge Road Suite 825 Atlanta, Georgia 30350
360. Lana M. Chase Georgia Nurses Association GSU School of Nursing Atlanta, Georgia 30303
361. Charles McGrady The Georgia Conservancy 2646 Hawthorne Place Atlanta, Georgia 30345
362. Vicki Bell Georgia Society of Allied Health Professions Georgia Abortion Rights Action League 955 Concord Road, S.E. Smyrna, Georgia 30080
363. William A. Travis McNeil Pharmaceutical 1444 Dallas Circle Marietta, Georgia 30064
364. Robert Shig Porter Memorial Medical Center, Inc. Provident Health Services Americare, Inc. (Home Health) 4750 Waters Avenue Suite 472 Savannah, Georgia 31404
365. Reginald Strickland Georgia Property & Casualty Insurance Companies Georgia Premium Finance Association Georgia Surplus Lines Assn. 3109 Crossing Park P. 0. Box 129 (Mail) Norcross, Georgia 30091
366. Marty Nance Urban Residential Finance Authority of the City of Atlanta 100 Peachtree Street Suite 701 Atlanta, Georgia 30303

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JOURNAL OF THE HOUSE,

367. Henry Turner Philip Morris USA 100 Crescent Centre Parkway Suite 1260 Atlanta, Georgia 30084
368. F. Thomas Longerbeam Motor Vehicle Manufacturers Assn. of the United States Five Dunwoody Park, Suite 113 Atlanta, Georgia 30338
369. James M. Griffith Georgia Power Company Box 4545, 333/23 Atlanta, Georgia 30302
370. Ernest Wright Citizen 528 Mundys Mill Road Jonesboro, Georgia 30236
371. Harold Bevis Air Transport Association of America Delta Airlines, Inc. Delta Air Lines, Inc. Hartsfield Atlanta International Airport Atlanta, Georgia 30320
372. Jack Acree Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
373. Judy D. Lovell Professional Association of Georgia Educators P. 0. Box 61 Cleveland, Georgia 30528
374. Don Cargill Atlanta Regional Commission Callaway Gardens Phillips Petroleum Company Stormont Companies Atlanta Gas Light Company Ginn, Edington, Moore & Wade Georgia Business Coalition Chemical Waste Management Chrysler Aerospace Corp. Equifax, Inc. Lockheed Corp. Oglethorpe Power Corp. Philip Morris U.S.A. Shell Oil Company Turner Broadcasting Systems Waste Management, Inc. Watkins Associated Inds. Watkins Motor Lines 1360 South CNN Center Atlanta, Georgia 30303-2705

375. Jeannie Hollifield Professional Association of Georgia Educators (PAGE) 3700 B Market Street Clarkston, Georgia 30021
376. Nancy Kitchens Professional Association of Georgia Educators (PAGE) 3700 B Market Street Clarkston, Georgia 30021
377. Lucius Q. Mitchell Concerned Citizens Council Westside Business Assn. Lucius Q. Mitchell P. 0. Box 115539 Atlanta, Georgia 30310
378. Void
379. David Lee Prather CWA Georgia Political Council 279 Logan Street, S.E. Atlanta, Georgia 30312
380. Paul Mackey Mapco, Inc. Mapco Petroleum (Delta Express) Mapco Gas Products Inc. 1800 South Baltimore Avenue Tulsa, OK 74119
381. Steven L. Levetan Rock-Tenn Co. Georgia Association of Scrap Processors Institute of Scrap Recycling Industries, SE Chapter Southeast Recycling Corp. Elco Management 3340 Peachtree Street Suite 1700 Atlanta, Georgia 30306
382. Larry S. McReynolds BMMA-Building Material Merchant Association CEC/GA-Consulting Engineers Council of Georgia GUCA-Georgia Utility Contractors Association NECA-National Electrical Contractors Association Suite 520 South Tower One CNN Center Atlanta, Georgia 30303-2705

MONDAY, JANUARY 8, 1990

49

383. Elizabeth Stewart Savannah Area Chamber of Commerce 222 W. Oglethorpe Ave. Savannah, Georgia 31499
384. Nancy W. Hathaway Professional Association of Georgia Educators 4090 Napier Avenue Macon, Georgia 31204
385. Bryce Holcomb Georgia Soft Drink Assn. 848 Broad Street, S.W. Suite 105 Gainesville, Georgia 30501
386. Ann Marie Sparlin Georgia Chiropractic Assn. 630 River Chase Ridge Atlanta, Georgia 30328
387. Georgia B. Murphy Georgia Chiropractic Assn. 601 Bridge Lane Smyrna, Georgia 30082
388. Horace White Georgia Minority Contractors Association MONI-PAC 4319 Covington Highway Suite 320-B Decatur, Georgia 30035
389. Janelle Ewing United Food & Commercial Workers Union Local 1063 5780 Old National Highway College Park, Georgia 30349
390. Laura Rowell Southeast Recycling Corp. Southeast Paper Mfg. Co. 2000 Powers Ferry Road Suite 610 Marietta, Georgia 30067
391. Lou Walker Citizen One Park Place South Suite 200 Atlanta, Georgia 30303
392. Billy L. Adams Southeastern Farm & Power Equipment Assn. 428 Academy Avenue Dublin, Georgia 31021

393. Joe T. Wood Medical Assn. of Georgia Georgia State Association of Life Underwriters, Inc. P. 0. Drawer 1058 Gainesville, Georgia 30503
394. Larry G. Landers Georgia Manufactured Housing Association 1000 Circle 75 Parkway Suite 060 Atlanta, Georgia 30039
395. Connie Berg Plunkett The Children's Museum of Atlanta 1226 Spring Street Atlanta, Georgia 30309
396. Shawn Plunkett The Children's Museum of Atlanta 1226 Spring Street Atlanta, Georgia 30309
397. Clint Day Clinton Mitchell Day Citizen 4725 Peachtree Corners Circle Suite 300 Norcross, Georgia 30092
398. Gordon W. Watts, Jr. American Subcontractors Assn. 3118 Marjan Drive Doraville, Georgia 30343
399. Robert J. Thomas American Subcontractors Assn. Roofing & Sheet Metal Contractors Assn. of Georgia Master Roofing Contractors Association of Atlanta Resilient Floor-Covering Contractors Assn. 1783 Washington Avenue East Point, Georgia 30344
400. John P. Silk Georgia Telephone Assn. 1900 Century Blvd., Suite 8 Atlanta, Georgia 30345
401. Jan Maness Citizen 361 Seabolt Road Locust Grove, Georgia 30248
402. Philip J. Reynolds Citizen Atlanta Hartsfield International Airport Atlanta, Georgia 30320

50

JOURNAL OF THE HOUSE,

403. Nancy C. Reynolds Citizen 868 Longleaf Drive Forest Park, Georgia 30050
404. Jim Glanton
~~tj~en
8374 Creekridge Circle Riverda!&, Georgia 30296
405. Lorene G. Weddle Citizen P. 0. Box 31 Ellenwood, Georgia 30049
406. Rick Bond Citizen 3355 Jonesboro Road Fairburn, Georgia
407 Amy L. Studebaker Citizen 135 White Road Fayetteville, Georgia 30214
408. Jack Hollis Citizen 773 Hwy. 138, Suite 5 Riverdale, Georgia 30296
409. Scott E. Ritchey Citizen 265 South Main Street Jonesboro, Georgia 30236
410. Sonja Young Citizen 1859 Almach Court Conley, Georgia 30027
411. Susan Randolph Citizen 97 Sowell Road McDonough, Georgia 30253
412. Dorothy P. Spence Georgia Association American Institute of Architects 1197 Peachtree Street, N.E. Colony Square Retail Mall Atlanta, Georgia 30361
413. Charles H. Schroder Democratic Party of Georgia 1100 Spring Street Atlanta, Georgia 30367
414. Timothy L. Kibler State of Georgia Democratic Party 2200 Spring Street Atlanta, Georgia

415. Thomas M. Boller City of Columbus General Electric Co. Lincoln Nahimel Ins. Co. Fulton School Board Boller, Hibbs & Segars, Inc. Rollins Research & Dev., Inc. Georgia Appraisers Coalition Magistrate Judges Assn. State Bar of Georgia BP America P. 0. Box 8627 Atlanta, Georgia 30306
416. Stephen E. Pritchard Citizen 114 Forest View Peachtree City, Georgia 30269
417. Dr. Mildred L. Walton Georgia Assn. of Elementary School Principals 1176 Oakcrest Drive Atlanta, Georgia 30311
418. Bryan L. Fiveash Atlanta Gas Light Company P. 0. Box 4569 Atlanta, Georgia 30302
419. Peter L. Banks Atlanta Gas Light Company P. 0. Box 4569 Atlanta, Georgia 30302
420. William Lee Roberts William Lee Roberts and Associates 1627 Peachtree Street, N.E. Atlanta, Georgia 30309
421. William Lee Roberts, Jr. William Lee Roberts and Associates 97 Peachtree Park Drive, Y-1 Atlanta, Georgia 30309
422. Wayne W. Oliver Georgia Pharmaceutical Association P. 0. Box 95527 Atlanta, Georgia 30347
423. Lynda Godkin CIGNA Corporation 900 Cottage Grove Road Bloomfield, CT 06002

MONDAY, JANUARY 8, 1990

51

424. Tom Watson Brown Georgia Association of Broadcasters, Inc. 2110 Cain Tower 229 Peachtree Street Atlanta, Georgia 30303
425. George E. Hibbs BP America City of Columbus Georgia Appraisers Coalition Georgia Magistrate Judges Association General Electric Company Fulton County School Board Lincoln National Corp. Rollins Environmental, Inc. Boller, Hibbs & Segars State Bar of Georgia P. 0. Box 8627 Atlanta, Georgia 30306
426. Donald T. Browne First National Bank of Atlanta First Atlanta Corporation First Wachovia Corporation 2 Peachtree Street, ML 525 Atlanta, Georgia 30383
427. David Lee Thomas Southeastern Oil Marketers Association P. 0. Box 95361 Atlanta, Georgia 30347
428. Jim Gray The Tobacco Institute 38 Camden Road, N.E. Atlanta, Georgia 30309
429. Mary M. Boyert Georgia Right to Life Committee, Inc. Citizen P. 0. Box 81474 Atlanta, Georgia 30366
430. Fran Hesser Georgia Petroleum Council 50 Hurt Plaza, Suite 720 Atlanta, Georgia
431. Nancy P. Schulz Georgia Nurses Association 1362 West Peachtree Street Atlanta, Georgia 30309

432. Carl R. Hartrampf Housing Resource Center Atlanta Chamber of Commerce 235 International Blvd. P. 0. Box 1740 Atlanta, Georgia 30301
433. Raymond G. Farmer American Insurance Assn. 950 East Paces Ferry Road Suite 2240 Atlanta, Georgia 30326
434. Robert Ray, Jr. Ga. Farm Bureau Federation 1620 Bass Road Macon, Georgia 31298
435. Clark Gregory, Ph.D. The Compost Man Fulton Soil & Water Conservation District Citizen 660 Elkmont Drive, N.E. Atlanta, Georgia 30306
436. Robert D. Sumner Wimberly, Lawson, & Cobb Suite 1750, Lenox Towers 3400 Peachtree Road, N.E. Atlanta, Georgia 30326
437. Sharon A. Hunt Georgia Society of Assn. Executives 4500 Hugh Howell Road, #140 Tucker, Georgia 30084
438. Jack Wolcott Collins Christian Science Committee on Publication for Georgia 534 Medlock Road, Room 108 Decatur, Georgia 30030
439. Florence S. Flanders Professional Association of Georgia Educators 1796 Briarlake Circle Decatur,'Georgia 30033
440. Joyce R. Ringer Citizen 3613 Norwich Drive Tucker, Georgia 30084
441. Lou B. Holdsworth Walton High School Mt. Bethel PTA-Elementary Dickerson Middle School PTSA 1617 Bryn Mawr Circle Marietta, Georgia 30068

52

JOURNAL OF THE HOUSE,

442. Richard J. Burrell Household International 981 Guys Court Lilburn, Georgia 30247
443. James F. Touchton, Jr. Professional Association of Georgia Educators 304 East Clinton Street Gray, Georgia 31032
444. Deborah F. Touchton Professional Association of Georgia Educators 304 East Clinton Street Gray, Georgia 31032
445. Willie G. Davis, Jr. W. G. Davis and Associates 2471 Ozark Trail, S.W. Atlanta, Georgia 30331
446. Cathey W. Steinberg Clients of the Senior Citizen Advocacy Project Georgia Dental Hygienists Association 1841 C Briarcliff Circle NE Atlanta, Georgia 30329
447. T. R. Wade Lockheed Corporation Atlanta Gas Light Company Chemical Waste Management Chrysler Aerospace Corp. E. H. Industries, Ltd. Equifax, Inc. Georgia Business Coalition Oglethorpe Power Corporation Philip Morris U.S.A. Shell Oil Company Turner Broadcasting Systems Waste Management, Inc. Watkins Associated Industries Watkins Motor Lines 1199 South Tower CNN Center Atlanta, Georgia 30328
448. Lester H. Hammond, III Citizen 1430 Brawley Circle Atlanta, Georgia 30319
449. John M. Palms Georgia State University Georgia State University University Plaza Atlanta, Georgia 30303

450. Sandra Carnet Georgia State University Georgia State University University Plaza Atlanta, Georgia 30303
451. Ted D. Bayley Georgia State University Georgia State University University Plaza Atlanta, Georgia 30303
452. Heywood C. Gay Professional Insurance Agents of Georgia Citizen 1165 Northchase Parkway Suite 140 Marietta, Georgia 30067
453. Richard J. Holder Fulton County Schools 786 Cleveland Avenue S.W. Atlanta, Georgia 30315
454. Earl Rogers Georgia Power Company P. 0. Box 4545 (333-23) Atlanta, Georgia 30302
455. Stephen P. Georgeson Georgia Retail Association Sears, Roebuck and Company 675 Ponce De Leon Ave., N.E. 95 Annex Atlanta, Georgia 30395
456. Linda Gail Womack Oglethorpe Power Corporation P. 0. Box 1349 Tucker, Georgia 30085-1349
457. Elaine C. Nachman The Robert W. Woodruff Health Sciences Center of Emory University Emory University P. 0. Drawer KK Atlanta, Georgia 30322
458. Charles Wright US Sprint 3065 Hargrove Road Atlanta, Georgia 30339
459. James S. Taylor, Jr. National Association of Independent Insurers 230 Peachtree Street, N.W. Atlanta, Georgia 30303

MONDAY, JANUARY 8, 1990

53

460. Thomas A. Bauer Georgia Chapter, American Academy of Pediatrics Council for Children Georgia Association of Physician Assistants United Way of Metro Atlanta 100 Edgewood Ave., NE, #1008 Atlanta, Georgia 30303
461. Mark A. Newton Students for an Educated Georgia 1125 Tumlin Street Atlanta, Georgia 30318
462. Elaine Taylor Georgians for Choice Coalition Georgia Abortion Rights Action League 1141 Villa Drive, #3 Atlanta, Georgia 30306
463. Gary Ashley Georgia School Boards Assn. (GSBA) 1240 Atkinson Road Lawrenceville, Georgia 30243
464. Skip Yow Georgia School Boards Association (GSBA) 1240 Atkinson Road Lawrenceville, Georgia 30243
465. Bert Fridlin National Federation of Independent Business (NFIB) 1447 Peachtree Street, N.E. Suite 804 Atlanta, Georgia 30309
466. Bonnie Harris Georgia School Boards Assn. 1240 Atkinson Road Lawrenceville, Georgia 30243
467. Nell H. Jones Friends of the Mountains The Georgia Conservancy "Breezy Lodge" Rt. 3, Box 3140 Clayton, Georgia 30525
468. Kay H. Pippin Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035

469. Betsey Weltner Cohn & Wolfe Cohn & Wolfe 225 Peachtree Street Atlanta, Georgia 30303
470. Debbie Simonds Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
471. Maxine J. Chriszt Georgia Hospital Association North by Northwest Office Park Atlanta, Georgia 30339
472. T. R. Wade Atlanta Regional Commission Callaway Gardens Ginn, Edington, Moore & Wade, Inc. Phillips Petroleum Company Stormont Companies Lockheed Corporation Atlanta Gas Light Company Chemical Waste Management Chrysler Aerospace Corp. Equifax, Inc. Georgia Business Coalition Oglethorpe Power Corp. Philip Morris U.S.A. Shell Oil Company Turner Broadcasting Systems Waste Management, Inc. Watkins Associated Inds. Watkins Motor Lines 1360 South Tower CNN Center Atlanta, Georgia 30303
473. R. Rudolph Underwood Georgia Farm Bureau P. 0. Box 7068 Macon, Georgia 31298
474. Terry D. Lawler MCI Telecommunications 400 Perimeter Center Terraces Atlanta, Georgia 30346
475. John A. Helms American Council of Life Insurance Georgia Association of Life Insurance Companies 400 Colony Square, 22nd Floor 1201 Peachtree Street Atlanta, Georgia 30361

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JOURNAL OF THE HOUSE,

476. Robert P. Constantine, Jr. Georgia Health Network Georgia Society of Anesthesiologists The Prudential Insurance Company of America Voyager Group, Inc. Health Insurance Assn. of America MAG Mutual Insurance Company Financial Life Insurance Company of Georgia Vision Service Plan American International Group 229 Peachtree Street, N.E. Suite 2102 Atlanta, Georgia 30303
477. W. David Lane Georgia Residential Child Care Association 584 Horse Ferry Road Lawrenceville, Ga. 30245
478. Denise Bass Citizen 200 Cabriolet Tr. McDonough, Georgia 30253
479. Sarah A. Feit Citizen 1457 Southland Vista Court Atlanta, Georgia 30329
480. Terri Cech The Alliance for Human Services Planning 100 Edgewood Avenue, N.E. Atlanta, Georgia 30309
481. Amelia Tucker-Shaw The Black Family Project 673 Beckwith Street Atlanta, Georgia 30314
482. Becky Fern Georgia Right to Life Family Concerns, Inc. Georgians for Common Sense About Abortion 2428 Norwich Lane Tucker, Georgia 30084
483. James L. Martin Georgia Pharmaceutical Assn. 19 South Main Street Statesboro, Georgia 30458

484. Dianne Rogers Transportation Communications Union 1436 Westboro Dr., S.W. Atlanta, Georgia 30310
485. Pamela W. Glanton Citizen Family Concerns, Inc. 8374 Creekridge Circle Riverdale, Georgia 30296
486. D. Jason Bourne Committee to Elect Next Governor of Georgia 1990 Committee to Elect the Next Speaker of the House 1990 6065 Barfield Road, #11489 Atlanta, Georgia 30328
487. Raymond F. Foster Citizen Georgia Right to Life 191 Mountain Brook Court Marietta, Georgia 30064
488. Julian "Hutch" Hutchins, M.D. Citizen Rt. 6, Box 378 Commerce, Georgia 30529
489. Doris M. Gambrell Citizen 6705 Ben Parks Road Murrayville, Georgia 30564
490. Gary H. Gambrell Citizen 6705 Ben Parks Road Murrayville, Georgia 30564
491. Tom Keating Atlanta Public Schools P. 0. Box 125 Decatur, Georgia 30031
492. Void
493. Michael Kindberg Georgia Sport Shooting Assn. Citizen Box 277 Alpharetta, Georgia 30239
494. Pat Swan Continuum Georgia Federation Woman's Club 1252 W. Peachtree, Suite 311 Atlanta, Georgia 30309

MONDAY, JANUARY 8, 1990

55

495. Demetrius Mazacoufa Georgia Nurses Association Georgia Dietetic Assn. Georgia Speech-Language Hearing Association 1401 Peachtree Street Suite 238 Atlanta, Georgia 30309
496. Sara M. Edwards Citizen 1 Lemon Lane, N.E. Atlanta, Georgia 30307
497. Bernadine B. Cantrell Citizen 4041 Randall Mill Rd., N.W. Atlanta, Georgia 30327
498. Andrew L. Frahler Family Concerns 2851 Cravey Trail Atlanta, Georgia 30345
499. Mary Jane Galer Georgia Abortion Rights Action League (GARAL) 7236 Lullwater Road Columbus, Georgia 31904
500. Robert F. Galer People Programs Policy, Inc. 7236 Lullwater Road Columbus, Georgia 31904
501. Milton R. Lincoln Atlanta Chamber of Commerce 235 International Blvd. Atlanta, Georgia 30303
502. Rennie Mussell Family Concerns Incorporated 6194 Walker Road Riverdale, Georgia 30296
503. Tommy M. Thompson Family Concerns 4507 K Mills Place Atlanta, Georgia 30336
504. Mary Em Hobbs Family Concerns Georgia Insight P. 0. Box 550168 Atlanta, Georgia 30355
505. Rebecca P. May Citizen 3958 N. Stratford Road Atlanta, Georgia 30342

506. Judith Rhea Cox Family Concerns Georgia Insight Georgia Right to Life P. 0. Box 550168 Atlanta, Georgia 30355
507. Harvey Howe! Keiser Family Concerns P. 0. Box 550168 Atlanta, Georgia 30355
508. Dorothy I. Pair Family Concerns Citizens 1669 Sylvester Cir., S.E. Atlanta, Georgia 30316
509. Doris B. Fowler Citizen Family Concerns 555 Brinkley Road Powder Springs, Georgia 30073
510. Diana M. Brown Citizen Family Concerns 279 Atwood Dr., N.W. Atlanta, Georgia 30064
511. Karla Boy Family Concerns 1364 Drakie Court Lilburn, Georgia 30247
512. Elvin Hardy Citizens for Traditional Values 3348 West Point Road Lagrange, Georgia 30240
513. Wanda B. Hubbs Georgia Right to Life Family Concerns P. 0. Box 550168 Atlanta, Georgia 30355
514. Constance P. Carney Citizens for Traditional Values 1212 A "H" St. Terrace Robins AFB, Georgia 31098
515. Annette B. Johnson Citizen for Traditional Values P. 0. Box 20 Clinchfield, Georgia 31013
516. Yvonne R. White Concerned Citizen 407 N. Franklin Road P. 0. Box 1128 Lagrange, Georgia 30241

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JOURNAL OF THE HOUSE,

517. Peyton Day Family Concerns 4360 Riverbottom Drive Norcross, Georgia 30092
518. Jerry L. Buckles Family Concerns 5734 Fulton Circle South Norcross, Georgia 30093
519. Robert A. Shanahan Family Concerns, Inc. 2703 Macby Avenue Marietta, Georgia 30066
520. Kristin Shanahan Family Concerns, Inc. 2703 Macby Avenue Marietta, Georgia 30066
521. James W. Miles City of East Point 2777 East Point Street East Point, Georgia 30344
522. Robert M. West City of East Point 2777 East Point Street East Point, Georgia 30344
523. Marguerite Marlow Family Concerns Georgia Right to Life 1992 Gunstock Drive Stone Mountain, Ga. 30087
524. Betsy B. Allen Family Concerns Georgia Nurses for Life Georgia Right to Life Republican Women 2119 Gunstock Drive Stone Mountain, Ga. 30087
525. Nancy Schaefer Family Concerns, Inc. P. 0. Box 550168 Atlanta, Georgia 30355
526. Sue Ella Deadwyler Georgia Insight 4168 Rue Antoinette Stone Mountain, Ga. 30083
527. Robin Riedel Family Concerns, Inc. 318 Pleasandale Crossing Doraville, Georgia 30340

528. Skye Alison Georgia District Churches of the Nazarene 170 Plaza Drive Smyrna, Georgia 30082
529. Clinch G. Norsworthy, III Georgia Council on.Moral and Civic Concerns, Inc. 200 Forrest Lake Drive, N.W. Atlanta, Georgia 30327
530. Frank M. Deaver Trust Company Bank P. 0. Box 4418 Atlanta, Georgia 30302
531. Paul D. Bolster Georgia Hospital Association North X Northwest Office Park Atlanta, Georgia 30339
532. Jerry B. King Teamsters Local 728 2540 Lakewood Avenue Atlanta, Georgia 30315
533. Virginia G. Ward Teamsters Local 728 Teamsters Local 528 2540 Lakewood Avenue, S.W. Atlanta, Georgia 30315
534. Kyle Warner Shadix Citizens for a Better Educated Georgia (CBEG) 310 Keene Road Bremen, Georgia 30110
535. Judy C. Bradley Georgia Vocational Assn. 50 Executive Park South Suite 5005 Atlanta, Georgia 30329
536. Michael Groover Citizen 8257 Winston Way Jonesboro, Georgia 30236
537. Margaret R. Ball Georgia League of Women Voters of the Dalton Area Georgia Parents and Teachers Association Dalton/Whitfield County Council PTA Whitfield Co. Schools System; Citizen P. 0. Box 174 2475 Dug Gap Road, S.W. Dalton, Georgia 30722

MONDAY, JANUARY 8, 1990

57

538. W. Fred Blackmon Eli Lilly & Company 1100 Abernathy Road, N.E. Building 500, Suite 710 Atlanta, Georgia 30328
539. Betty Simms Georgia Trial Lawyers Assn. 41 Marietta Street, Suite Atlanta, Georgia 30303
540. Dane C. Ward Professional Association of Georgia Educators Chattanooga Valley Elementary Rt. 1, Chattanooga Valley Rd. Flintstone, Georgia 30725
541. Adele Cohen Atlanta Healthcare Alliance 200 Technology Center Ste 250 1575 Northside Drive Atlanta, Georgia 30318
542. Mo Thrash Atlanta City Council Georgia Mortgage Bankers Association Georgia Community Action Association 975 Johnson Ferry Road Suite 450 Atlanta, Georgia 30342
543. Dr. John A. Hulsey, Jr. Georgia Retired Teachers Association, Inc. 615 D Oak Street Gainesville, Ga. 30105-3507
544. Trey Paris The Coca-Cola Company P. 0. Drawer 1734 Atlanta, Georgia 30301
545. Connell Stafford The Coca-Cola Company P. 0. Drawer 1734 Atlanta, Georgia 30301
546. Melissa Metcalfe Common Cause of Georgia Director 233 Mitchell Street, S.W. Atlanta, Georgia 30303

547. Jim Hammock Humana Eagle Transportation Vulcan Materials Co., Inc. Anheuser-Busch Companies Omni Resource Group, Inc. The Tobacco Institute Georgia Association of Rehabilitation Facilities Georgia Warehouse Assn. 2625 Cumberland Parkway Suite 280 Atlanta, Georgia 30339
548. Mather Stapleton United Transportation Union P. 0. Box 831623 Stone Mountain, Ga. 30083
549. Jacquelyn Harmon Saylor March of Dimes 218 The Prado Atlanta, Georgia 30309
550. Shelley Rose Ga. Citizens for the Arts 118 North Avondale Road Avondale Estates, Ga. 30002
551. Elizabeth Rushing Ga. Citizens for the Arts 26 Walker Terrace Atlanta, Georgia 30309
552. Lyn Hunt Ga. Citizens for the Arts P. 0. Box 633 Madison, Georgia 30650
553. Lou Litchfield Georgia Automobile Dealers Association Monty Veazey & Associates Medical Assn. of Georgia 1160-E Grimes Bridge Rd. Roswell, Georgia 30075
554. Joel E. Harrell Norfolk Southern Corp. 185 Spring Street Atlanta, Georgia 30303
555. Mary C. Hickey National Organization for Women (NOW) 250 Georgia Ave., Suite 365 Atlanta, Georgia 30312
556. Julianna McConnell Georgia Electric Membership Corporation 151 Ellis Street Atlanta, Georgia 30303

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JOURNAL OF THE HOUSE,

557. Derl J. Hinson Georgia Electric Membership Corp. (GEMC) 151 Ellis Street, Suite 422 Atlanta, Georgia 30303
558. Lyn D. Paddrik Georgia Beer Wholesalers Association 3015 Piedmont Road Atlanta, Georgia 30305

559. Bill Griffin Georgia Beer Wholesalers Association 3015 Piedmont Rd. N.E. Atlanta, Georgia 30305
560. David R. Williams Georgia Bankers Association 50 Hurt Plaza, Suite 1050 Atlanta, Georgia 30303

Representative Isakson of the 21st arose to a point of personal privilege and addressed the House.

Representative Patten of the 149th was excused from attendance today because of illness in the family.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, JANUARY 9, 1990

59

Representative Hall, Atlanta, Georgia Tuesday, January 9, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Charles E. Bennett, Pastor, First United Methodist Church, Thomaston, Georgia.
Representative Bargeron of the 108th, 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.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1245. By Representatives Selman of the 32nd, Lane of the 27th, Benn of the 38th, Abernathy of the 39th, Felton of the 22nd and others:
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 change the provisions relating to certain payments made to the Board of Trustees of the Teachers Retirement System of Georgia.
Referred to the Committee on Retirement.
HB 1246. By Representatives Birdsong of the 104th and Barnett of the lOth:
A bill to amend Code Section 45-9-3.1 of the Official Code of Georgia Annotated, relating to immunity from liability of law enforcement officers directing or escorting funeral processions, so as to delete the provisions of said Code section; to amend Code Section 40-6-76 of the Official Code of Georgia Annotated, relating to funeral processions, so as to provide for immunity of liability for law enforcement officers directing or escorting funeral processions.
Referred to the Committee on Public Safety.

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JOURNAL OF THE HOUSE,

HB 1247. By Representatives Birdsong of the 104th and Barnett of the lOth:
A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that the proposed demolition of certain county courthouses must be submitted to the voters of the county for approval or rejection; to provide for the application of the provisions of Chapter 2 of Title 21, the "Georgia Election Code".
Referred to the Committee on State Planning & Community Affairs.

HB 1248. By Representatives Birdsong of the 104th and Barnett of the lOth:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that certain local government buildings financed in whole or in part with state funds shall have displayed thereon a plaque or marker with the names of certain state and local officials.
Referred to the Committee on State Planning & Community Affairs.

HB 1249. By Representatives Colwell of the 4th and Murphy of the 18th:
A bill to amend Article 2 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to the coordinate system for defining, designating, and stating with coordinates the geographic positions or locations of points on the surface of the earth within the State of Georgia, so as to provide for applicability of the Georgia Coordinate System provided for by an Act approved March 6, 1945.
Referred to the Committee on State Institutions & Property.

HB 1250. By Representatives Childers of the 15th, Pannell of the 122nd, Richardson of the 52nd and McDonald of the 12th:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to strike and reenact Article 1 thereof, relating to registered nurses, so as to provide for a short title; to provide for legislative purpose; to provide for definitions; to continue the Georgia Board of Nursing and provide for terms, appointments, confirmations, qualifications, and vacancies of members.
Referred to the Committee on Health & Ecology.

HB 1251. By Representatives Hasty of the 8th, Stancil of the 8th, Clark of the 20th, Tolbert of the 58th, Barnett of the lOth and others:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning public health, so as to prohibit the Department of Human Resources from entering into certain contracts or making certain expenditures for the construction or use of certain additional special health care facilities .unless notice thereof is provided to the governing authorities of counties or municipalities affected and to certain members of the General Assembly.
Referred to the Committee on Health & Ecology.

TUESDAY, JANUARY 9, 1990

61

HB 1252. By Representatives Barnett of the lOth, Coleman of the 118th, Pannell of the 122nd, Snow of the 1st, Holmes of the 28th and others:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for jeopardy assessments in certain cases involving the possession, sale, or distribution of marijuana or other controlled substances.
Referred to the Committee on Ways & Means.

HB 1253. By Representatives Barnett of the lOth, Coleman of the 118th, Pannell of the 122nd, Snow of the 1st, Holmes of the 28th and others:
A bill to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the state sales and use tax, so as to provide criminal penalties for the evasion or attempted evasion of any sales tax, penalty, interest, or other amount in excess of $3,000.00 imposed under Article 1 of Chapter 8 of Title 48.
Referred to the Committee on Ways & Means.

HB 1254. By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th, Barnett of the 59th, Hamilton of the 124th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authorization Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title.
Referred to the Committee on Education.

HB 1255. By Representative Cheeks of the 89th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to delete the provisions relative to the inclusion of certain retirement or pension income as Georgia taxable net income; to provide an exemption from state income taxation of all retirement and pension income when the taxpayer is 62 years of age or older or is permanently and totally disabled.
Referred to the Committee on Ways & Means.

HB 1256. By Representative Cheeks of the 89th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to change the provisions relating to the use of money and currency which is forfeited or which is realized from the sale or disposition of forfeited property; to change the.Jimitations which the governing authority of a county or municipality may establish on the expenditure of money and currency which is forfeited or which is realized from the sale or disposition of forfeited property.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 1257. By Representatives McKinney of the 35th, Redding of the 50th, Walker of the 85th, Brooks of the 34th, McKinney of the 40th and others:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for single-member districts in the judicial circuits.
Referred to the Committee on Judiciary.

HB 1258. By Representatives McKinney of the 35th, Redding of the 50th, Martin of the 26th, McKinney of the 40th and Orrock of the 30th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges, so as to require private sector nonprofit organizations receiving any such revenues to maintain certain financial records; to require that such records be made available to the public.
Referred to the Committee on Ways & Means.

HB 1259. By Representatives Barnett of the lOth, Jackson of the 9th, McDonald of the 12th, Harris of the 84th, Porter of the 119th and others:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for grants to counties for the purpose of acquiring vehicles and medical, rescue, and communications equipment; to create the Emergency Medical Services Grant Fund; to provide for intent; to provide for definitions; to designate the Department of Human Resources to administer the grant program.
Referred to the Committee on Public Safety.

HB 1260. By Representatives Barnett of the lOth, Jackson of the 9th, McDonald of the 12th, Harris of the 84th, Porter of the 119th and others:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to create the Emergency Medical Services 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 approval of loans by the Department of Human Resources.
Referred to the Committee on Public Safety.

HB 1261. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study.
Referred to the Committee on Education.

TUESDAY, JANUARY 9, 1990

63

HB 1262. By Representative Simpson of the 70th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to provide that if economically feasible and if a quality comparable to the quality otherwise available can be obtained, 40 percent of the paper products purchased and contracted for the Department of Administrative Services shall be paper products manufactured from recycled paper or fiber.
Referred to the Committee on State Planning & Community Affairs.

HB 1263. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain drug testing of any applicant for state employment.
Referred to the Committee on Governmental Affairs.

HB 1264. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees.
Referred to the Committee on Governmental Affairs.

HB 1265. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to enact the "Drug-free Postsecondary Education Act of 1990"; to provide for the suspension from postsecondary educational institutions of students committing certain criminal offenses involving controlled substances and dangerous drugs.
Referred to the Committee on Education.

HB 1266. By Representatives Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances and dangerous drugs, so as to provide licensing sanctions for certain persons authorized or otherwise permitted by the state to conduct certain occupations and activities who are convicted of certain offenses involving controlled substances and dangerous drugs.
Referred to the Committee on Health & Ecology.

HB 1267. By Representatives Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Drug-free Public Work Force Act of 1990"; to provide for the suspension and termination from public employment of public employees committing certain criminal offenses involving controlled substances and dangerous drugs; to provide a short title.
Referred to the Committee on Governmental Affairs.

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JOURNAL OF THE HOUSE,

HB 1268. By Representatives Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
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 suspension of the driving privileges of persons 18 years of age and under upon conviction of driving under the influence of drugs or alcohol or conviction of any offense involving the unlawful use or possession of alcohol or drugs.
Referred to the Committee on Motor Vehicles.

HB 1269. By Representatives Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
A bill to amend Part 3 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to limitations on the payment of workers' compensation benefits, so as to provide that an order denying or limiting compensation to an employee may be entered by the administrative law judge or the board if it is determined that the employee was under the influence of a controlled substance or a dangerous drug at the time of injury or death.
Referred to the Committee on Industrial Relations.

HB 1270. By Representative Kingston of the 125th:
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 suspension of the driver's license or learner's permit of any person under the age of 18 years who withdraws from school.
Referred to the Committee on Motor Vehicles.

HR 577. By Representative Hamilton of the 124th:
A resolution urging the Commission on Children and Youth to create a Task Force to Promote Self-Esteem.
Referred to the Committee on Human Relations & Aging.

HR 578. By Representative Thompson of the 20th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia.
Referred to the Committee on State Institutions & Property.

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

HB 1137 HB 1138 HB 1139 HB 1140 HB 1141 HB 1142 HB 1143

HB 1144 HB 1145 HB 1146 HB 1147 HB 1148 HB 1149 HB 1150

TUESDAY, JANUARY 9, 1990

65

HB 1151 HB 1152 HB 1153 HB 1154 HB 1155 HB 1156 HB 1157 HB 1158 HB 1159 HB 1160 HB 1161 HB 1162 HB 1163 HB 1164 HB 1165 HB 1166 HB 1167 HB 1168 HB 1169 HB 1170 HB 1171 HB 1172 HB 1173 HB 1174 HB 1175 HB 1176 HB 1177 HB 1178 HB 1179 HB 1180 HB 1181 HB 1182 HB 1183 HB 1184 HB 1185 HB 1186 HB 1187 HB 1188 HB 1189 HB 1190 HB 1191 HB 1192 HB 1193 HB 1194 HB 1195 HB 1196 HB 1197 HB 1198 HB 1199 HB 1200 HB 1201 HB 1202

HB 1203 HB 1204 HB 1205 HB 1206 HB 1207 HB 1208 HB 1209 HB 1210 HB 1211 HB 1212 HB 1213 HB 1214 HB 1215 HB 1216 HB 1217 HB 1218 HB 1219 HB 1220 HB 1221 HB 1222 HB 1223 HB 1224 HB 1225 HB 1226 HB 1227 HB 1228 HB 1229 HB 1230 HB 1231 HB 1232 HB 1233 HB 1234 HB 1235 HB 1236 HB 1237 HB 1238 HB 1239 HB 1240 HB 1241 HB 1242 HB 1243 HB 1244 HR 566 HR 567 HR 568 HR 569 HR 570 HR 571 HR 573 HR 574 HR 575 HR 576

Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE,

Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1244 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1214 Do Pass HB 1220 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 663 Do Pass, by Substitute HB 1185 Do Pass HB 1200 Do Pass
Respectfully submitted, /s/ Jackson of the 9th
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 572 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

TUESDAY, JANUARY 9, 1990

67

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 236 Do Pass, by Substitute HB 391 Do Not Pass HB 555 Do Not Pass
Respectfully submitted,
Is! Lane of the 27th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1140 Do Pass HB 1189 Do Pass

HB 1238 Do Pass HB 1239 Do Pass

Respectfully submitted,
Is! Lane of the 27th
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 Senate:

SR 292. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st: A resolution relative to adjournment.

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

HR 563. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The President has appointed the following Senators as escort committee: McKenzie of the 14th, Foster of the 50th, Walker of the 43rd, Hammill of the 3rd, Pollard of the 24th, Johnson of the 47th and Baldwin of the 29th.

HR 564. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:

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JOURNAL OF THE HOUSE,

A resolution inviting the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.

HR 565. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
The President has appointed the following Senators as escort committee: Deal of the 49th, Dawkins of the 45th, Allgood of the 22nd, Taylor of the 12th, Peevy of the 48th, Parker of the 15th and Edge of the 28th.

The following Resolution of the Senate was read:

SR 292. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 12, 1990, and shall reconvene at 10:00 A.M. on Monday, January 22, 1990.

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
Allen Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell Y Couch 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 Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford
Lawrence
Y Lawson Y Lee Y Linder Y Long Y Lord
Lucas Y Lupton YMangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
McKinney,C
Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller
Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten
Y Pettit Y Pinkston Y Poag
Porter Y Poston Y Powell
Randall Y Ransom YRay Y Reaves
Redding
Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

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

TUESDAY, JANUARY 9, 1990

69

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution was adopted.

The following Resolution of the House was read and adopted:

HR 579. By Representatives Royal of the 144th, Balkcom of the 140th and Long of the 142nd:
A resolution commending the Mitchell-Baker High School Eagles football team and inviting the team to appear before the House of Representatives.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

70

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, January 10, 1990

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. Winfred M. Hope, Pastor, Ebenezer Baptist Church, West, Athens, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1271. By Representatives McDonald of the 12th, Coleman of the 118th, Walker of the 115th, Ray of the 98th and Jackson of the 9th: A bill to amend 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 change provisions relating to the distribution of session laws and journals of the Senate and House of Representatives.
Referred to the Committee on Appropriations.
HB 1272. By Representatives McDonald of the 12th, Coleman of the 118th, Walker of the 115th and Jackson of the 9th: A bill to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to an expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide that members of the Joint Board of Family Practice receive such allowance and reimbursement; to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Joint Board of Family Practice, so as to provide that members of the joint board receive a daily expense allowance and reimbursement of travel expenses.
Referred to the Committee on Appropriations.

WEDNESDAY, JANUARY 10, 1990

71

HB 1273. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 1274. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt powers of courts, so as to repeal the provisions relating to the inapplicability of "this Act" to certain employees; to amend Code Section 34-1-3 of the Official Code of Georgia Annotated, relating to discrimination against an employee for attending a judicial proceeding in response to a court order or process, so as to provide for the inapplicability of such Code section to certain employees.
Referred to the Committee on Judiciary.

HB 1275. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to change all references to the United States Veterans' Administration to refer to the United States Department of Veterans Affairs; to change references to the administrator of veterans' affairs to refer to the secretary of veterans affairs.
Referred to the Committee on Judiciary.

HB 1276. By Representatives Moody of the 153rd, Groover of the 99th, Chambless of the 133rd, Pettit of the 19th and Lawson of the 9th:
A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, relating to orders of disposition in juvenile proceedings, so as to authorize an order committing a delinquent or unruly child to the temporary custody of the Division of Youth Services for rehabilitative purposes while the court retains jurisdiction over the child for the purposes of a subsequent order.
Referred to the Committee on Judiciary.

HB 1277. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 51-1-31 of the Official Code of Georgia Annotated, relating to the liability of certain persons who donate canned or perishable food to charitable or nonprofit organizations for use or distribution, so as to make certain grammatical and editorial changes.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 1278. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated, to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state.
Referred to the Committee on Judiciary.

HB 1279. By Representative Chance of the 129th:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of the uniform rules of the road to highways and exceptions to such requirements, so as to provide that the uniform rules of the road shall apply to vehicles operated within a privately owned residential area located wholly within the corporate boundaries of a municipality under certain circumstances.
Referred to the Committee on Motor Vehicles.

HB 1280. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse and deprivation, so as to provide access to such records to the State Personnel Board and its hearing officers in order to consider personnel disciplinary actions before the State Personnel Board concerning records of child abuse and deprivation.
Referred to the Committee on Judiciary.

HB 1281. By Representatives Pannell of the 122nd, Walker of the 85th, Cummings of the 134th, Allen of the 127th, Williams of the 48th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the state sales and use tax, so as to change certain provisions relating to exemptions for certain food items.
Referred to the Committee on Ways & Means.

HB 1282. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to clarify and make explicit that electric membership corporations may validly encumber after-acquired property by means of deeds to secure debt pursuant to said article.
Referred to the Committee on Industry.

WEDNESDAY, JANUARY 10, 1990

73

HB 1283. By Representative Stancil of the 66th:
A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, so as to change the supplementary compensation to be paid to each judge of the superior courts of the Western Judicial Circuit by Oconee County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1284. By Representative Isakson of the 21st:
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 candidate, campaign committee, or public officer holding elective office from converting to personal use excess campaign contributions; to provide that excess campaign contributions may be transferred without limitation to persons making such contributions.
Referred to the Committee on Rules.

HB 1285. By Representative Godbee of the 110th:
A bill to amend an Act relating to the board of education of Jenkins County, so as to change provisions relating to the compensation and reimbursement of expenses of the chairman and members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1286. By Representative Reaves of the 147th:
A bill to amend an Act providing for the compensation of the coroner of Brooks County, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1287. By Representatives Hasty of the 8th, Stancil of the 8th, Yeargin of the 14th, Breedlove of the 60th, Greene of the 130th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing or certification of real estate appraisers and regulation of real estate appraisal activities; to provide a short title; to provide for applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act".
Referred to the Committee on Banks & Banking.

HB 1288. By RepresentativesMurphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1989-1990.
Referred to the Committee on Appropriations.

HR 580. By Representative Sinkfield of the 37th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia.
Referred to the Committee on State Institutions & Property.

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JOURNAL OF THE HOUSE,

HR 581. By Representative Moody of the 153rd: A resolution compensating Mr. George D. Fowler, Jr.
Referred to the Committee on Appropriations.

HR 582. By Representatives Isakson of the 21st, Campbell of the 23rd, Felton of the 22nd, Murphy of the 18th, Barnett of the 59th and others:
A resolution designating the Luther S. Colbert Memorial Bridge.
Referred to the Committee on Transportation.

HR 583. By Representatives Ray of the 98th and Walker of the 115th:
A resolution consenting to the annexation of certain state owned real property located in Peach County into the corporate limits of the City of Byron.
Referred to the Committee on State Institutions & Property.

HR 584. By Representatives Hooks of the 116th, Smyre of the 92nd and Lawson of the 9th:
A resolution proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for solid waste recycling and other solid waste facilities or systems.
Referred to the Committee on Ways & Means.

HR 585. By Representatives Crawford of the 5th and Porter of the 119th:
A resolution proposing an amendment to the Constitution so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce shall be tried in the county in which the plaintiff resides.
Referred to the Committee on Special Judiciary.

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

HB 1245 HB 1246 HB 1247 HB 1248 HB 1249 HB 1250 HB 1251 HB 1252 HB 1253 HB 1254 HB 1255 HB 1256 HB 1257 HB 1258

HB 1259 HB 1260 HB 1261 HB 1262 HB 1263 HB 1264 HB 1265 HB 1266 HB 1267 HB 1268 HB 1269 HB 1270 HR 577 HR 578

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

WEDNESDAY, JANUARY 10, 1990

75

Mr. Speaker:
Your Committee on Motor Vehicles 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 1186 Do Pass, by Substitute
Respectfully submitted,
Is/ Jackson of the 9th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1140.

By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Houston County; to provide a short title.

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

HB 1189.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1238.

By Representatives Allen of the 127th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd and Dixon of the 128th:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the clerk of probate court.

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

HB 1239.

By Representatives Allen of the 127th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd and Dixon of the 128th:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to change the provisions relating to senior judges of the recorder's court; to provide for the compensation of senior judges.

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JOURNAL OF THE HOUSE,

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

Representative Stephens of the 68th arose to a point of personal privilege and addressed the House.

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

HB 1244.

By Representatives Reaves of the 147th, Godbee of the 110th, Byrd of the 153rd, Holland of the 136th, Balkcom of the 140th and others:
A bill to amend Code Section 2-7-156 of the Official Code of Georgia Annotated, relating to the referendum on assessments for boll weevil suppression and eradication programs, so as to provide for additional referendums for the purpose of changing the amount of such assessments or extending the time period for the collection of such assessments, or both.

The report of the Committee, which was favorable to the passage of the 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 Adlllllll Y Aiken Y Alford Y Allen Y Athon Y Atkins N Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M YBates y Beck Y Benefield Y Benn Y Birdsong
Bishop Y Bostick
Branch Y Breedlove
Brooks
Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter YChambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Diion,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 Ylsakson 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 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 YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y 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 Stancii,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M Y Thompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L
Wall YWare
Y Watson Y Watta
White Y Wilder YWilliams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

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

WEDNESDAY, JANUARY 10, 1990

77

By unanimous consent, HB 1244 was ordered immediately transmitted to the Senate.

SB 236. By Senators Olmstead of the 26th, Albert of the 23rd, Harris of the 27th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to require all state departments and agencies to prepare and publish quarterly aging reports of vendor invoices which have not been paid within certain periods of time.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to require all state departments and agencies to prepare and publish quarterly aging reports of vendor invoices which have not been paid within certain periods of time; to provide a short title to define certain terms; to provide for policies and procedures; to provide that quarterly aging reports shall include certain information; to provide for duties of the Office of Planning and Budget; to provide for measures to reduce the number of invoices paid later than 30 days and the number of disputed invoices; 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 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, is amended by adding at the end thereof a new Code Section 50-5-82 to read as follows:
"50-5-82. (a) This Code section shall be known and may be cited as the 'Georgia Prompt Payment Report Act.'
(b) As used in this Code section, the term: (1) 'Invoice' means an invoice received from a vendor of the state agency for pay-
ment for goods or services purchased by the state agency. (2) 'Purchase' means the purchase of goods or services by a state agency, the pur-
chase or lease of personal property by a state agency, or the lease of real property by a state agency.
(3) 'State agency' means the State of Georgia and each state agency, office, board, bureau, commission, department, branch, division, authority, or institution, or any project supported by state funds.
(4) 'Vendor' means any person who sells goods or services to any state agency, sells or leases personal property to a state agency, or leases real property to a state agency. (c) It is the policy of this state that payment for all purchases by the state and state agencies should be made within 30 days from receipt of the invoice. (d) Each state agency shall establish procedures to document time taken to pay invoices to vendors. Each state agency shall prepare and publish a quarterly aging report of vendor invoices which have not been paid within 30 days from the date of receipt of the invoice by the state agency and submit the report to the Appropriations Committees of the House of Representatives and the Senate and to the Office of Planning and Budget by the twentieth day following the end of the calendar quarter. (e) The quarterly aging report shall contain:
(1) A listing of undisputed invoices and their dollar amounts due and payable at the end of the calendar quarter but not paid within 30 days from receipt of the invoices by the state agency to include:
(A) The state agency name; (B) The date of the report;

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JOURNAL OF THE HOUSE,

(C) A number or description identifying the invoice; (D) The date the invoice was received; (E) The amount of the invoice; (F) The total number of invoices in the listing; (G) The total dollar amount of invoices in the listing; and (H) The total number and dollar amounts of invoices in the listing in categories indicating invoices not paid within 31 to 45 days, 46 to 60 days, 61 to 90 days, and more than 90 days from receipt of the invoices; and (2) The total number and total dollar amount of invoices where payment of the invoices is under dispute and not resolved as of the end of the calendar quarter being reported and the average number of days the invoices have been under dispute. (f) The first aging report under this Code section shall be due on the twentieth day after the calendar quarter ending June 30, 1990, and subsequent reports shall be due on the twentieth day following the end of each calendar quarter thereafter. (g) The Office of Planning and Budget shall coordinate the gathering of each aging report from each state agency and shall submit the reports to the Appropriations Committees in the House of Representatives and the Senate. (h) State agencies shall work with the Office of Planning and Budget and the Appropriations Committees in the House of Representatives and the Senate to develop procedures which will reduce the number of invoices paid later than 30 days from the receipt of the invoices and will reduce the number of disputed invoices with the specific goal of paying all invoices within 30 days of their receipt or sooner."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell

Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch 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,J.M Y Floyd,J.W 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 YHooks Y Howren Y Hudson Y Irwin Y Isakson Y Jacksnn,J Y Jacksnn,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence

Y Lawson YLee Y Linder y Long
Y Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston

YPoag Y Porter Y Poston Y Powell 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 Y Smith,T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper
Thomas,C YThomas,M Y Thompson

WEDNESDAY, JANUARY 10, 1990

79

Thurmond Y Titus Y Tolbert Y Townsend

y Twiggs
Y Vaughan Y Waddle
Walker,C

Y Walker,L Wall
Y Ware Y Wataon

Y Watts White
Y Wilder YWiUiams,B

Y Williarns,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and referred to the Committee on University System of Georgia:

HB 1265. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to enact the "Drug-free Postsecondary Education Act of 1990"; to provide for the suspension from postsecondary educational institutions of students committing certain criminal offenses involving controlled substances and dangerous drugs.

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

HB 1213. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to prohibit a consumer reporting agency from making a consumer report containing information relating to any bankruptcy case which antedates such report by more than seven years.

The Speaker announced the House in recess until 11:00 o'clock this morning.

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to HR 563 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Zell Miller.

The Resolution calling for the Joint Session was read.

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

Lieutenant Governor Miller, Speaker Murphy, members of the General Assembly, members of the Appellate Courts, constitutional officers, members of the Consular Corps, ladies and gentlemen:
Seven years ago this week on that cold wintery January day when I stood in front of the capitol to take the oath of office as Governor, I solemnly pledged that I would strive "to instill one principal ingredient in every aspect of state government, and that ingredient is excellence."

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JOURNAL OF THE HOUSE,

My words were: "I am committed to achieving excellence in education, to the expansion of the state's economy to provide jobs for Georgians."
And then I said, "I am committed to the enhancement and enrichment of our human service delivery systems, to the improvement of our system of transportation, and to the strengthening of our criminal justice system."
With your help, we have achieved many of my goals and fulfilled much of the vision I expressed that day for our state. The state of our state can be measured by the tremendous progress we have made in all these areas, and more. Simply put, the past seven years were the greatest period of expansion in the history of our economy. Let me note some examples:
- We have created on average almost 9,200 new jobs a month for 84 straight months, a total of over 772,000 new jobs over seven years!
- Our per capita income has grown annually by an average of almost 8 percent; only five states have surpassed us!
- Our total personal income rose an average of 9.6 percent from 1983-88, a figure exceeded by only three states.
- Our population has grown by one million - to 6.5 million - and over three million Georgians are at work today!
Our successful strategy during this time has been simply to promote our traditional advantages and work to rectify the weaknesses that would undermine our overall strength.
One of those strengths is that we are not one-dimensional but multi-dimensional. This has enabled us to become a "global Georgia," an economic force not just in the southeast, but in the world marketplace as well. Consider this:
- Our state is now an international center for communications, financial services, technology and transportation. Our ports in Savannah and Brunswick are called "world-class", and Atlanta's Hartsfield Airport is one of the world's busiest.
- We have successfully developed an aggressive export program with emphasis on high technology and agriculture. Last year, over $4 billion in Georgia products went to overseas markets.
- Forestry has become a $9 billion industry in our state, and if Georgia were a country, we would be the sixth largest producer of pulp in the world.
- We now have 41 foreign consulates, 24 trade, tourism and cultural offices, nine foreign chambers of commerce, and 33 international banks to promote investment from overseas.
- Seven years ago, foreign investment in Georgia stood at $2.7 billion. Since then, the attitude has changed from "Why Georgia?" to "Why not Georgia?", and today we have over 1,320 foreign facilities that employ 100,000 Georgians - a $7 billion investment!
While I am committed to continue efforts to attract new investment from outside the state, we must also intensify the effort to boost economic growth from within through the expansion of existing businesses.
Many of these businesses are fed by university research, and with your support for the Georgia Research Consortium, we have made one of the largest investments in university research of any state in the nation. Last year, almost $300 million in research projects was taken in at University System Institutions - a new record. Our three major research universities now generate more new research than North Carolina's famed research triangle!
Recently, we saw an area in which one of our traditional strengths - home rule threatened to become a weakness. We had reached the point in the fast-paced 'SO's where

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decisions made in one jurisdiction overlapped the interests and needs of its neighbors. There was no system for mediation, no mechanism or encouragement for regional cooperation, and no way to ensure that state development policies reflected the real needs of our communities.
We now have turned a potential weakness into a strength through a system of coordinated planning recommended by the growth strategies commission, planning from the grass roots up, instead of from the gold dome down. Our vision and forward thinking are winning national renown, and Georgia has become the planning model for the country.
We all know that before 1985 - and the unanimous passage of the Quality Basic Education Act - Georgia's Public Schools were a potentially crippling weakness. Since then, QBE has injected a new vitality, accountability and enthusiasm into the educational process. Today:
- Georgia's average teacher pay is the highest in the southeast.
- The percentage of students passing the Georgia Basic Skills Tests rose again last year while students increased their average scores by six points over 1988.
- Norm-referenced test scores exceed the national average in all grades tested.
- Georgia students surpassed the southeast and the nation on the National Assessment of Education program which includes reading, math and science tests.
Education is the single most important determinant of the quality of life any individual can achieve, and quality education remains my top priority - from kindergarten to grade 12, from technical education to adult literacy, from college to university level.
But the best teacher in the world cannot teach the first thing to a child who is sick, hungry, frightened, bruised, neglected, drunk, drugged or sexually abused. Children are our only hope for the future - or else they will be our worst recurring nightmare, a bad dream from which we will never awaken.
This is why I have put the children and youth at the top of my agenda for this session. Your children and mine are healthy, clothed, loved and fed. We must remember- and take care of - those who are not!
Another area of major concern this session is drugs which impact children as well as adults, the inner cities as well as rural crossroads. In fact, no one is immune. Drug abuse is complicating virtually every problem with which state government is dealing - from education to health, from law enforcement to prisons, from blue collar jobs to new industries.
Our efforts to date are not insignificant: The GBI's drug enforcement section has been expanded by 66 positions - an increase of 88 percent since the start of my administration. The Georgia State Patrol regularly leads the country in highway drug seizures.
But candidly, we may have previously lacked the coordination of effort to ensure maximum effect. That is one of the primary recommendations from the Commission on Drug Awareness and Prevention, and I am pleased to say that the drug legislation I am backing this session came from the combined efforts of nine state agencies, all of which deal with the drug problem in some way or another.
One of those agencies is Corrections, a department that feels the direct effects of the drug problem. Ten years ago, one in 10 entering Georgia's prisons were there for a drug or alcohol crime. Last year, it was one in three.
To address overcrowding, we appropriated last session over $140 million for new prison construction. When all of these new beds are open, Georgia's prison capacity will have grown from about 13,000 spaces in 1983 to over 34,000 - an increase of more than 22,000 beds - more than were built by all previous administrations combined!

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Still, that herculean effort is not sufficient to meet the ever growing needs. This is not a problem we can build ourselves out of, but Georgians must be willing to continue massive capital outlays for prisons in spite of the wise emphasis we place on alternatives to incarceration for those who are eligible.
Throughout my administration, I have attempted to establish a standard of excellence that would insure a sound quality of life for future generations of Georgians. I can point to our environmental progress as evidence of that. Of the state's 370 industries with water quality permits 98 percent meet our requirements, and of 2,500 with air quality permits, 99 percent are in compliance.
While we can be proud of efforts to maintain and enhance our environment, a heretofore unknown crisis has been developing. Our landfills will be full in a very short time, but land is in short supply, as is the public willingness to accept new landfill sites. The solution will require new management practices, reduction and recycling. Legislation which has been developed by a solid waste task force merits your support, as well as that of local governments and citizens.
Despite our strengths, all our progress could be undermined if we di<l not manage our finances wisely. The need for sound budget decisions becomes imperative in light of the conditions that make the upcoming budget a tight one. For one thing, we believe our sluggish economy is on the upswing, but we do not feel it will rebound in time to help us in 1991. Another factor that will impact revenue collections this year is the start-up of new tax exemptions for food and the elderly.
For my last budget, I am recommending a spending program of $7.785 billion - an increase of only $287 million over the existing 1990 budget. Revenues are projected to increase 5.1 percent.
My recommendations impose an austerity level funding on all continuation spending. We tightened funds for personal services in all agencies with the exception of Corrections. This means the delayed hiring of new employees. Replacement of some cars is postponed, and we reduced operating expenses in many areas. These actions will mean more efficient management of resources - without sacrificing critical services.
Prison expansion is among our highest priorities, and I am requesting funds to build two new 750-bed prisons in Macon and Pulaski counties with $53.3 million in bonds.
The cost of building prisons is high - about $35,500 per bed but the cost of running them is higher in the long run. My proposed budget will provide $119.9 million to:
- Fund unfilled positions and annualize operating costs for the 1,600 fast-track beds opened last year.
- Open or begin to operate 3,235 new beds over the next 18 months, including four new prisons, one expanded prison and three other facilities.
- And expand security.
We also need to increase the total fund for counties that hold state prisoners in local jails and expand the probation and parole programs as alternatives to incarceration.
To do all this, we need 2,272 new personnel for corrections - increasing the department's total staff to 12,278. This is more than double the Corrections personnel when I took office!
Building more prisons is part of the comprehensive drug package I am proposing this session, but while prisons are critical in the short-term, the long-range solution lies in education, prevention and treatment.
I am proposing:
- Legislation mandating drug education in grades K-12.

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- A student assistance program aimed at identifying students with drug problems and working to get them active treatment at a cost of $540,000 (DHR).
- Implementation of the Drug Abuse Resistance Education (DARE) Program for $166,000 (GBI).
- And completing the placement of full-time Drug Coordinators in each of Georgia's 16 RESA'S to help administer a drug-free schools program.
New drug treatment initiatives I am recommending for the Department of Human Resources' budget include:
- $5.3 Million for 135 additional beds to ensure youth residential treatment facilities in each of the eight consortium areas.
$348,000 for 20 treatment beds at the Macon YDC for committed youth.
$1.4 million for day drug treatment for 200 youths across the state.
And $1.3 million for nine family support programs in eight regions.
In law enforcement, I am recommending $3.7 million for 57 new GBI, crime lab and support positions to expand our efforts against criminals involved in drug trafficking and to double our evidence purchase funds. Out of some $9.7 million expected from the Federal Government, I am proposing grants to increase multi-jurisdictional task forces, treatment of adult and juvenile offenders and continuing career criminal prosecution programs.
For our public schools, I am recommending new funds of $149.1 million. The largest improvement item is $28.3 million as the first installment on a three-year plan to update funding as recommended by the QBE Weights Task Force. The panel recommended a total of $87.9 million toward this goal, but my proposal covers the items most directly affecting children in the classroom.
To continue phasing in the QBE In-School Suspension Program, $6.3 million is requested to add one teacher for each middle school.
I am pleased that I have been able to maintain - for the eighth year - my commitment to provide an annual pay raise for state employees and teachers. The compensation package I am recommending to you is for $149.1 million. This includes $70 million to raise teacher pay by 3 percent and to complete the phased increase of the longevity factor from 2.9 to 3 percent for teachers and other certificated personnel. This improvement in the longevity factor provides teachers with average experience and above, an increase of about 1 percent on top of what is recommended for all teachers.
The average teacher pay in 1991 will be $29,400. During the Harris Administration, we have raised salaries of Georgia's teachers by 69 percent, and last year ranked sixth among all the states in total increases from 1983-89!
My pay package also includes increases of 2.5 percent for state employees and University System academic and non-academic personnel.
To provide capital outlay entitlements for our schools, I am recommending $64.9 million for a capital outlay total of $111.6 million at this session. The 1991 entitlements will pro-
vide new buildings or planning grants to 82 school systems.
Another $12.9 million is requested to build 20 new local libraries - increasing to 140 the new libraries built during the Harris Administration. These 20 new libraries are projected to add another 676,000 volumes to the over four million new books now available on the shelves of public libraries across our state. Libraries are among the wisest investments we can make on behalf of children - and adults in Georgia, and I am extremely proud of our record in this area.

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Last year for the fourth straight year - we saw significant enrollment increases in our University System. The 10,407 new students will require $51.1 million for the University System Budget as required under the formula fully funded for the first time by this Administration.
In addition, I am recommending a total of $29 million in bonds for the Regents to fund three capital outlay projects:
- $17 million for phase two of the Continuing Education Center at Georgia Southern University.
- $6.5 million for the parking deck at Georgia Tech with debt to be retired from receipts.
- And $5.5 million for an addition to the Student Center at Southern College of Technology.
For our technical institutes - which are vital to job training and our competitiveness - I am recommending $4.1 million in new funds that include, among several items, the conversion of the Ben Hill-Irwin Technical Institute at Fitzgerald to State governance. This leaves only four out of 32 institutes still under local management.
For equipment and furnishings at new institutes and repairs and renovations at others, I am recommending $12.7 million in bonds.
As we all know, health care is one of the fastest rising costs in government. In fact, Medicaid spending must increase by $157.8 million in state matching funds during 1991. Another $112 million is required to provide health benefits for public school teachers and state employees. This is a total of $269.8 million - only $17 million less than the total increase in the budget!
A year ago, I formed a task force to study the cost of health care for employees and teachers. That group recommended actions that will save $22 million in the short term and $43 million in the long term. However, the task force said the state was otherwise doing everything possible to contain costs without reducing benefits or shifting more of the cost to the users. The problem is a national one, the task force said.
Georgia's Medicaid Budget in 1991 will rise a whopping 28 percent - to $715.6 million! Medicaid started to balloon in 1987 and has climbed $427 million in only four years - an astounding 148 percent increase - an average of 37 percent a year.
The 1991 increase mostly covers increased utilization, new benefits mandated by the Federal Government and increases for providers.
The cost for health and social services for Georgia's disadvantaged citizens continues to rise at a fast rate also. As a result, I am recommending an increase of $57.6 million for the Department of Human Resources - with a total increase of $141.8 million including federal funds.
Programs in Family and Children Services will appropriately receive the largest share of new funds: $41.4 million in state funds, $81.8 million in total funds. Almost half the new state money - $18.3 million - is needed to fund an increase in AFDC rolls from an average of 93,541 cases a month - to 106,017 a month. Another $3.4 million is needed to increase AFDC benefit payments by 2.5 percent.
I am proposing $6.8 million to expand our ability to investigate child abuse and neglect reports and to provide adequate protective services to our children. Improvements are vital in this area because on any single day, there are at least 16,000 children under some type of care by the Department of Human Resources. Over the course of a year, DHR will handle some 40,000 cases involving children. The sheer weight of the numbers is mindboggling, and I want to publicly thank and commend the dedicated professionals and

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volunteers who deal daily with these sad cases. They need our help - and so do the children.
The funds I am recommending will:
Add 271 new caseworkers for Children's Protection and Placement Services.
Implement a computerized tracking system for child abuse case reporting.
Establish a Child Services Training Academy in partnership with the renowned Woodruff Foundation.
- And expand the court-appointed Special Advocates Program, including a new regional office in Savannah.
Two expenditures between the Medicaid and Human Resources budgets would expand community-based services for youth:
- $3.8 million to place youth in community settings in lieu of incarceration.
- And $707,000 for a community service program in DeKalb County for severly emotionally disturbed children and youth.
To expand community-based services for the chronically mentally ill in the Clayton, Hall and Muscogee catchment areas, I am recommending $3.5 million, and to improve services for the mentally retarded, I am recommending $1.7 million. I am also recommending $360,000 to support development of an Autism Resource Center at Emory University and $57,500 for the Pediatric AIDS Clinic at Grady Hospital.
Last year, we provided $135 million for the Governor's Road improvement program, and I am recommending that we continue that level of funding through bonds.
To increase our efforts in environmental protection, I am recommending 27 new positions for the Department of Natural Resources to work in the areas of drinking water, air pollution, erosion and sedimentation control and solid waste.
This year we must also complete the expansion and modernization of the Herty Foundation Research and Development Center in Savannah, requiring $3.9 million in bonds.
Tourism and conventions are now a $9.1 billion industry in Georgia. Last year, the World Congress Center generated $598 million of this total, including $40 million in new tax revenues, and attracted 1.3 million visitors.
The Center is already booked at 94 percent capacity for the next five years - and 83 percent between now and the year 2,000. Failure to expand will cost us much business already booked, so I am recommending that we appropriate $69 million in bonds for the 325,000 square foot expansion that received design and land acquisition funds in 1988.
This addition - along with the Georgia Dome - is vital to Atlanta's bid to host the 1996 Olympics. When completed, this will make our Georgia World Congress Center the largest Convention and Exhibition Complex in North America!
One of the proudest accomplishments of my administration has been keeping our bonded indebtedness within our ability to pay. When I took office, 5.8 cents our of every revenue dollar collected went to pay off bonds. When I leave office, debt payments will consume only 4.6 cents of every revenue dollar!
We have, in fact, reduced our outstanding debt as a percentage of state revenues by 41 percent since 1983!
We have been decreasing our debt based on our ability to pay through expanding the use of five-year bonds which are paid off much faster, saving millions of dollars in interest; through retiring bonds early, and through buying bonds in the secondary market.

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Many of our bonds will be retired from revenues or taxes generated by the projects making our bonded indebtedness programs even better investments. As a result of prudent and conservative management of our bonded indebtedness, Georgia continues to maintain bond ratings surpassed by few states. In fact, Georgia's bond rating has actually been increased during my administration while many states were lowered.
In closing, let me say that these past seven years have been the most rewarding of my career in public service. I recall many acts of courage, kindness and friendship following legislative battles hard and bravely fought. I remember many examples of leadership and reasonable compromise where political expediency might have led elsewhere.
I would like to name and thank all those I have known within these cherished halls and chambers, but that would be impossible. Still I cannot fail to take this opportunity to thank one individual in particular who has been beside me every step of the way - a strong, caring and compassionate woman who has made me proud wherever she has gone across Georgia or around the world. I have never been more proud of her than I have in these past seven years. I am referring to Georgia's First Lady - and my wife - Elizabeth Harris.
I know that it is not the past seven years but the year to come that is most on your minds. Let us then resolve to make 1990 more than a benediction on eight years of the Harris Administration, and instead a bright beginning for the Georgia we envision for our children.
Thank you and God bless you.

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

The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

Representative Groover of the 99th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

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87

Representative Hall, Atlanta, Georgia Thursday, January 11, 1990

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Aaron Adams Aiken Allen Athon Atkins Bailey Baker Balkcom Bannister Bargeron Barnett,B Barnett,M Bates Beck Benefield Benn
Birdsong Bishop Bostick Branch Breedlove Brooks Brown
Buck Campbell Carrell Carter Chambless Chance

Cheeks Clark,H Clark,L Coleman Colwell Connell Couch Crawford Crosby Cummings,B Cummings,M Davis,C Davis,M Dobbs Dover
Dunn Edwards Ehrhart Felton Fennel Floyd,J.M Floyd,J.W Foster Godbee Goodwin Green
Greene Gresham Griffin Groover

Hanner
Harris Hasty Heard Herbert Holcomb Holland Hooks Howren Hudson Irwin Jackaon,J Jackaon,W Jamieson
Jenkins Jones Kilgore Kingston Lane,D Lane,R Langford Lawson Lee Long Lord Lucas Lupton Mangum McCoy McKelvey

McKinney,B McKinney,C Meadows Milam Mobley Moody Morton Moultrie Mueller Oliver,C Oliver,M Orr Orrock Padgett Parham Parrish Patten Poag
Porter Poston
Powell Randall Ransom Ray Ricketson Royal
Selman Simpson Sinkfield

Smith,L Smith,P Smith,T Smith,W Smyre Snow Stancil,F Stancil,S Steele Stephens Streat Teper Thomas,C Thompson Thurmond Titus Tolbert
Townsend Vaughan
Wall Ware Watson Watts Wilder Williams,B Williams,J
Yates Yeargin Murphy,Spkr

Prayer was offered by the Reverend Charles Rentz, Pastor, Pomona United Methodist Church, Griffin, Georgia.

Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1289. By Representatives Bostick of the 138th, Carter of the 146th, Jenkins of the 80th, Langford of the 7th, Benn of the 38th and others: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to fees of the clerks of the superior courts; to provide for uniform filing fees for civil cases and for other services in the superior court; to provide a uniform schedule of fees in every county of this state.
Referred to the Committee on Special Judiciary.
HB 1290. By Representative Oliver of the 121st:
A bill to amend an Act to create a new charter for the City of Reidsville, so as to remove certain limitations regarding the eligibility of the mayor to serve more than two successive terms of office. Referred to the Committee on State Planning & Community Affairs - Local.
HB 1291. By Representative Beck of the 148th: 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 1292. By Representatives Hamilton of the 124th, Johnson of the 123rd, Pannell of the 122nd, Mueller of the 126th, Dixon of the 128th and others: A bill to increase the amount of the homestead exemption from Chatham County ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of Chatham County actually occupied by the owner as a residence and homestead.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1293. By Representatives Snow of the 1st, McCoy of the 1st, Padgett of the 86th, Dunn of the 73rd, Carrell of the 65th and others:
A bill to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution, so as to provide that certain periods shall be excluded in determining the period within which a prosecution for certain offenses must be commenced.
Referred to the Committee on Special Judiciary.

HB 1294. By Representatives Porter of the 119th, Barfoot of the 120th, Oliver of the 53rd, Thomas of the 69th, Lawson of the 9th and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide training requirements for judges of municipal courts; to provide for payment of training costs; to create the Georgia Municipal Courts Training Council to administer the training of municipal judges.
Referred to the Committee on Special Judiciary.

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HB 1295. By Representatives Jackson of the 9th, Barnett of the lOth and Harris of the 84th:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving proof of financial responsibility, so as to remove the requirement that certain accidents be reported to the Department of Public Safety.
Referred to the Committee on Motor Vehicles.

HB 1296. By Representatives Jackson of the 9th, Barnett of the lOth and Harris of the 84th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," so as to continue the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers but provide for a later termination of the board and the repeal of the laws relating thereto.
Referred to the Committee on Motor Vehicles.

HB 1297. By Representatives Selman of the 32nd, Lane of the 27th, Herbert of the 76th and Greene of the 130th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school property or at school functions and require certain reports thereof to be made to the appropriate police authority or district attorney; to provide for immunity from liability.
Referred to the Committee on Education.

HB 1298. By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to duties of tax receivers.
Referred to the Committee on Ways & Means.

HB 1299. By Representative Porter of the 119th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to the exemption of certain instruments, deeds, etc., from the real estate transfer tax, so as to clarify the exemption from the real estate transfer tax of executor's deeds of assent, administrator's deeds of assent, guardian's deeds of assent, trustee's deeds of assent, deeds or other instruments carrying out the exercise of powers of appointment.
Referred to the Committee on Ways & Means.

HB 1300. By Representative Smith of the 78th:
A bill to amend Code Section 48-4-2 of the Official Code of Georgia Annotated, relating to assessment and disposition of unreturned property, so as to change the provisions relating to payment of surplus from property sold at tax sales.
Referred to the Committee on Ways & Means.

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HB 1301. By Representative Reaves of the 147th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to change the provisions relating to contraband and forfeitures; to change the provisions relating to forfeiture of conveyances and exceptions thereto; to provide for the forfeiture of real and personal property under certain circumstances.
Referred to the Committee on Judiciary.

HB 1302. By Representatives Isakson of the 21st, Clark 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 provisions relating to the election of mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1303. By Representative Redding of the 50th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages generally, so as to prohibit the purchase of alcoholic beverages by retail dealers from sources other than licensed dealers; to provide for the automatic revocation of the license of any retail dealer convicted of receiving stolen alcoholic beverages.
Referred to the Committee on Regulated Beverages.

HB 1304. By Representatives Holmes of the 28th and Lupton of the 25th: A bill to amend Code Section 43-40-20 of the Official Code of Georgia Annotated, relating to trust or escrow checking accounts for certain real estate transactions, so as to provide for a state housing trust fund tax on interest realized on funds deposited in such accounts.
Referred to the Committee on Banks & Banking.
HB 1305. By Representatives Holmes of the 28th and Lupton of the 25th:
A bill to provide for an additional judge of the Superior Court of the Atlanta Judicial Circuit.
Referred to the Committee on Judiciary.

HB 1306. By Representatives Holmes of the 28th, Lupton of the 25th and Benn of the 38th:
A bill to provide for two additional judges of the Superior Court of the Atlanta Judicial Circuit.
Referred to the Committee on Judiciary.

HB 1307. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to the distribution of proceeds from the joint county and municipal sales and use tax, so as to provide for the execution of a new agreement with respect to the distribution of the proceeds of such tax every ten years.
Referred to the Committee on Ways & Means.

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HB 1308. By Representatives Abernathy of the 39th, Randall of the 101st, Lupton of the 25th, Townsend of the 24th, Martin of the 26th and others:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to dangerous instrumentalities and practices, so as to require weapon owners to keep their firearms in a locked container or to secure them with a trigger lock device under certain circumstances.
Referred to the Committee on Public Safety.

HB 1309. By Representatives Connell of the 87th, Murphy of the 18th, McDonald of the 12th, Coleman of the 118th, Thomas of the 69th and others:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to change provisions relating to meetings of the committee; to change provisions relating to approval of certain invoices by the committee.
Referred to the Committee on Rules.

HB 1310. By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-173 of the Official Code of Georgia Annotated, relating to licensing of hospices, so as to provide for separate classifications, licenses, and license requirements for different types of hospices.
Referred to the Committee on Health & Ecology.

HB 1311. By Representative Richardson of the 52nd:
A bill to amend Code Section 53-2-9 of the Official Code of Georgia Annotated, relating to testator's power to dispose of property, so as to provide that a testator's surviving spouse may elect to take certain property of testator's estate notwithstanding other disposition of that property by testator's will and provide for conditions and procedures relating thereto.
Referred to the Committee on Judiciary.

HB 1312. By Representatives Lee of the 72nd and Murphy of the 18th:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to eliminate the authorization for conversion of contributions to personal use; to provide that contributions shall not constitute personal assets of a candidate or public officer.
Referred to the Committee on Rules.

HR 586. By Representative Royal of the 144th:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 587. By Representative Royal of the 144th:
A resolution authorizing the conveyance of certain state owned real property located in Mitchell County, Georgia.
Referred to the Committee on State Institutions & Property.

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HR 588. By Representatives Birdsong of the 104th and Moody of the 153rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991.
Referred to the Committee on Public Safety.

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 1313. By Representatives Smyre of the 92nd, Buck of the 95th, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Public Telecommunications Commission as a body corporate and politic which shall be deemed to be a public corporation and an instrumentality of the State of Georgia.
Referred to the Committee on University System of Georgia.

HB 1314. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991.
Referred to the Committee on Appropriations.

HB 1315. By Representatives Smyre of the 92nd, Twiggs of the 4th, Hooks of the 116th and Lawson of the 9th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to substantially revise the provisions relating to forfeitures; to provide for definitions; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto.
Referred to the Committee on Judiciary.

HB 1316. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made.
Referred to the Committee on Judiciary.

HB 1317. By Representatives Oliver of the 53rd, Smyre of the 92nd, Thompson of the 20th, Hooks of the 116th, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to provide for definitions; to provide for the purpose of such registry.
Referred to the Committee on Judiciary.

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93

HB 1318. By Representatives Smyre of the 92nd, Oliver of the 53rd, Thompson of the 20th, Lawson of the 9th, Hooks of the 116th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such committees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoenas.
Referred to the Committee on Judiciary.
HB 1319. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for definitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures.
Referred to the Committee on Judiciary.
HB 1320. By Representatives Oliver of the 53rd, Smyre of the 92nd, Baker of the 51st, Simpson of the 70th, Robinson of the 96th and others:
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 revise the provisions relating to the removal of a child from that child's home; to provide that the Division of Family and Children Services of the Department of Human Resources shall submit a case plan for the reunification of the child and his or her family.
Referred to the Committee on Judiciary.
HB 1321. By Representatives Oliver of the 53rd, Baker of the 51st, Simpson of the 70th, Robinson of the 96th, Hamilton of the 124th and others:
A bill to amend Code Section 24-9-5 of the Official Code of Georgia Annotated, relating to competency of persons without use of reason, so as to provide that in all cases involving deprivation, or in criminal cases involving child molestation, the child involved shall be competent to testify.
Referred to the Committee on Judiciary.

HB 1322. By Representatives Oliver of the 53rd, Baker of the 51st, Simpson of the 70th, Robinson of the 96th, Hamilton of the 124th and others:
A bill to amend Code Section 15-11-30 of the Official Code of Georgia Annotated, relating to an indigent person's right to counsel, so as to provide that counsel must be provided for a child in all deprivation cases.
Referred to the Committee on Judiciary.
HB 1323. By Representatives Thompson of the 20th, Smyre of the 92nd, Oliver of the 53rd, Richardson of the 52nd, Lawson of the 9th and others:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, so as to provide for the office of state medical examiner and provide for the appointment, qualifications, and duties of that office; to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain requirements for coroners.
Referred to the Committee on Health & Ecology.

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HB 1324. By Representatives Simpson of the 70th, Porter of the 119th, Barfoot of the 120th and Orrock of the 30th:
A bill to amend Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists and physical therapist assistants, so as to change the authority of the State Board of Physical Therapy to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant.
Referred to the Committee on Health & Ecology.

HB 1349. By Representative Groover of the 99th:
A bill to amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a uniform statutory rule against perpetuities; to provide for a short title; to provide when a nonvested property interest or power of appointment is created.
Referred to the Committee on Judiciary.

HB 1350. By Representative Randall of the 101st:
A bill to amend Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond forfeitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto.
Referred to the Committee on Special Judiciary.

HR 589. By Representatives Dover of the 11th, Murphy of the 18th, Coleman of the 118th and Lee of the 72nd:
A resolution urging the United States Congress and the United States Department of Labor to explore legislative and regulatory alternatives which will provide adequate administrative funds for employment and unemployment programs in Georgia.
Referred to the Committee on Industrial Relations.

HR 590. By Representatives Dover of the 11th, Walker of the 115th, Groover of the 99th and Cummings of the 17th:
A resolution creating the Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law and providing for the powers and duties of such task force.
Referred to the Committee on Industrial Relations.

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

HB 1271 HB 1272 HB 1273 HB 1274 HB 1275 HB 1276 HB 1277

HB 1278 HB 1279 HB 1280 HB 1281 HB 1282 HB 1283 HB 1284

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95

HB 1285 HB 1286 HB 1287 HB 1288
HR 580

HR 581 HR 582 HR 583 HR 584 HR 585

Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1131 Do Pass SB 364 Do Pass
Respectfully submitted,
Is/ Holmes of the 28th
Chairman

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

Mr. Speaker:

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

HB 1127 Do Pass HB 1169 Do Pass HB 1195 Do Pass

HB 1196 Do Pass HB 1219 Do Pass

Respectfully submitted,
Is/ Ware of the 77th
Chairman

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

Mr. Speaker:

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

HB 1215 Do Pass, by Substitute HB 1273 Do Pass HB 1274 Do Pass HB 1275 Do Pass

HB 1277 Do Pass HB 1278 Do Pass HB 1280 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:

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Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1207 Do Pass HB 1247 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman

The Speaker announced the House in recess until 9:45 o'clock this morning.

The Speaker called the House to order.
The hour of convening the Joing Session pursuant to HR 565 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Chief Justice Harold G. Clarke, was called to order by the President of the Senate, Lieutenant Governor Zell Miller.

The Resolution calling for the Joint Session was read.

Accompanied by the Committee of Escort, Chief Justice Harold G. Clarke, appeared upon the floor of the House and addressed the Joint Session.

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

The President of the Senate, Lieutenant Governor Zell Miller, announced the Joint Session dissolved.

The Speaker called the House to order.

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

HR 572. By Representatives Benn of the 38th, Martin of the 26th, Lupton of the 25th, Townsend of the 24th, Sinkfield of the 37th and others:
A resolution inviting Honorable Maynard Holbrook Jackson to address the House of Representatives.

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

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

HB 663. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence.

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97

The following Committee substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence of alcohol or drugs; to change provisions relating to drivers' licenses of persons pleading nolo contendere to charges of driving under the influence of alcohol or drugs; to provide for the approval and certification of DUI alcohol or drug use risk reduction programs by the Department of Human Resources; to change provisions relating to driver improvement courses and defensive driving courses; to require completion of a First Offender DUI Alcohol or Drug Use Risk Reduction Program as a condition for the acceptance of certain nolo contendere pleas to charges of driving under the influence of alcohol or drugs; to provide for confidentiality; to provide for fees; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-5-1, relating to definitions of terms relating to licensing of drivers, in its entirety and inserting in lieu thereof a new Code Section 40-5-1 to read as follows:
"40-5-1. As used in this chapter, the term: (1) 'Assessment component' means the standard assessment instrument designated
Qy the Department Qf Human Resources which ~ used !Q evaluate the extent Qf an individual's substance abuse and its impact on the use Qf alcohol Q! drugs and driving.
fB ill 'Board' means the Board of Public Safety.
~ .{;!)_ 'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Public Safety of a person's license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation.
ffi ill 'Commissioner' means the commissioner of public safety of Georgia. t# ill 'Conviction' means a forfeiture of bail or collateral deposited to secure a
defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic violation charge, regardless of whether the sentence is suspended, probated, or rebated.
f5t fill 'Department' means the Department of Public Safety of Georgia. ~ ill 'Disqualification of driver's license' means a prohibition against driving a
commercial motor vehicle. (8) 'Education/intervention component' means !! program which delivers general
education about alcohol and drug use and driving and peer group counseling over_!! period Qf 16 hours utilizing !! methodology and curriculum approved and certified _Qy the Department Qf Human Resources for the DUI alcohol Q! drug use risk reduction programs under subsection k)_ Qf Code Section 40-5-83.
(9) 'First Offender DUI Alcohol Q! Drug Use Risk Reduction Program' means _!! program which conducts an assessment for persons with _!! first conviction Qf Q! _!! nolo
contendere ~ !2 driving under the influence Qf alcohol Q! drugs ~ based on the results Qf the assessment component, releases the offender Q! refers the offender !2
an education/intervention component and ~ approved and certified ~ .!! First Offender DUI Alcohol Q! Drug Use Risk Reduction Program Qy the Department Qf Human Resources. (iO)'Intensive intervention component' means _!! program which delivers peer group counseling concerning alcohol and drug use over .!! period Qf 24 hours utilizing _!! methodology and curriculum approved and certified Qy the Department Qf Human Resources for the DUI alcohol Q! drug use risk reduction programs.

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fTt i!1l 'Mail' means to deposit in the United States mail properly addressed and
with postage prepaid. @ 'Owner' means a person other than a lienholder or security interest holder having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a lien or security interest in another person, but excludes a lessee under a lease not intended as security.
f9t @ 'Present and future minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33, which coverage cannot be canceled except for a subsequent conviction of an offense enumerated in Code Section 40-5-54 and after giving the commissioner 20 days' written notice prior to the effective date of the cancellation.
flGt i!1l 'Resident' means a person who has a permanent home or abode in Georgia
to which, whenever he is absent, he has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a 'resident':
(A) Any person who accepts employment or engages in any trade, profession, or occupation in Georgia or enters his children to be educated in the public schools of Georgia within ten days after the commencement of such employment or education; or
(B) Any person who, except for infrequent, brief absences, has been present in the state for 30 or more days.
fH1 @ 'Revocation of driver's license' means the termination by formal action of
the department of a person's license or privilege to operate a motor vehicle on the public highways, which license shall not be subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this chapter.
(16) 'Second Offender DUI Alcohol Q!: Drug Use Risk Reduction Program' means
!1 program for persons convicted 2f !1 second driving under the influence 2f alcohol Q!
drugs offense within five years which provides an intensive intervention component and ~ approved and certified ~ !1 Second Offender DUI Alcohol Q! Drug Use Risk
Reduction Program !!Y the Department 2f Human Resources. ~ illl 'Suspension of driver's license' means the temporary withdrawal by formal
action of the department of a person's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department."
Section 2. Said title is further amended in Code Section 40-5-58, relating to habitual violators and probationary licenses, by striking subparagraph (e)(1)(C) and inserting in its place a new subparagraph to read as follows:
"(C) Such person has successfully completed, withift silt Ht6fttfts prior to the issuance of the probationary driver's license, a dfivel' im~ro;emeHt progt'ftffi or - , or 8ft aleelwl or drttg treatmeHt e6I:H'Se or ~rogram, or beth; defensive driving course Q! !1 DUI alcohol Q! drug use risk reduction program ~ designated by the de~artmeHt Department
2f Public Safety;".
Section 3. Said title is further amended in Code Section 40-5-70, relating to suspension of drivers' licenses, by striking s.ubsection (b) and inserting in its place a new subsection to read as follows:
"(b) (1) The driver's license of any person convicted of violating Code Section 40-6-391 shall be suspended as follows:
(A) Upon the first conviction, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for one year. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a eertified 8fld ap~ro.ed basie ale6lwl or drttg e6I:H'Se frem ftfl approred dfivel' im~ro.e meHt eliHie !1 First Offender DUI Alcohol Q! Drug Use Risk Reduction Program

THURSDAY, JANUARY 11, 1990

99

approved Q.y the Department Qf Human Resources and pays a restoration fee of
$25.00. For the purposes of this subparagraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under subparagraphs (B) and (C) of this paragraph;
(B) Upon the second conviction within five years, as measured from the dates of previous arrests foc which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a eeriified ftftd appra.ed ad.aneed ale6h61 6f tlffig j'll'6gf'ftfft ffflm 8ft appra eli drivel" impra elfteHt eliHie a Second Offender
DUI Alcohol Q!: Drug Use Risk Reduction Program approved Q.y thenep;lrtment Qf
Human Resources and pays a restoration fee of $25.002 provided that no assessment shall be required upon such second conviction. For the purposes of this subparagraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; and
(C) Upon the third conviction within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be a habitual violator, and his license shall be indefinitely suspended pending revocation. The Department of Public Safety shall revoke such person's driver's license as provided in Code Section 40-5-58 and Code Section 40-5-62. For the purposes of this subparagraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions.
(2) Notwithstanding the provisions of paragraph (I) of this subsection which provide for the early reinstatement of a person's driver's license, the Department of Public Safety shall not reinstate the driver's license during any period of suspension imposed under subsection (b) of Code Section 40-5-63."

Section 4. Said title is further amended in Code Section 40-5-72, relating to suspension of a driver's license for failure to comply with certain conditions, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The driver's license of any person whose plea of nolo contendere to a charge of violating Code Section 40-6-391 was accepted as provided in Code Section 40-6-391.1 but who fails to complete a eertified ftftd appraved basie aleaftal 6f tlffig ootH'tle ffflm 8ft appra.ed drivel" iiHpra elftent eliHie !! First Offender DUI Alcohol Q!: Drug Use Risk
Reduction Program approved Q.y the Department Qf Human Resources by the date spec-
ified in the court's order issued pursuant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such license shall be suspended for a period of one year from such date. At any time after suspension begins, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a eeriified ftftd appra;ed basie aleaftal6f tlffig ootH'tle ffflm 8ft appra.ed drivel" iiHpraelfteHt eliHie!! First Offender DUI

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Alcohol Q! Drug Use Risk Reduction Program approved Qy the Department Qf Human
Resources and pays a restoration fee of $25.00."
Section 5. Said title is further amended by striking Code Section 40-5-80, relating to the short title and purpose of Article 4 of Chapter 5, and inserting in its place a new Code section to read as follows:
"40-5-80. The purpose of this article, the 'Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI alcohol Q! drug use risk reduction programs edueatioftal ftftd tl'8ifflttg programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators~ ftftd to suspettd 61' 1'eV6ke the lieeftses 6f tlwse pet'SOftS wlw d6 fl6i resp6ftd to the rehabilitatioft programs."
Section 6. Said title is further amended in Code Section 40-5-82, relating to administration of the Driver Improvement Program, by adding new subsections (c) and (d) to read as follows:
"(c) The Department of Human Resources is designated as the agency responsible for the approval and certification of DUI alcohol or drug use risk reduction programs and staff. This responsibility includes selection of the assessment instrument, development of the education/intervention and intensive intervention curricula, training of program staff, and monitoring of all DUI alcohol or drug use risk reduction programs under the 'Georgia Driver Improvement Act.'
(d) All DUI alcohol or drug use risk reduction program records including, but not limited to, assessment results and other components attended shall be confidential and shall not be released without the written consent of the DUI offender, except that such records shall be made available to the Department of Human Resources and the Department of Public Safety."
Section 7. Said title is further amended by striking Code Section 40-5-83, relating to establishment and approval of programs, and inserting in its place a new Code section to read as follows:
"40-5-83. (a) The commissioner Qf public safety shall establish criteria for the
approval of driver improvement clinics ftftd programs. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, or a
professional defensive driving course, t1: bttsie 8:leolwl 61' drug e6Ul'Se;- tl:ft ad afteed a-le6lim
61' drug program, ad;afteed professioftal 8:leolwl ffl' drug treatmeftt, or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. No approved clinic shall charge a fee of more than $50.00 for t1: bttsie 8:leolwl ffl' drug eourse ffl' tl:ft ad, afteed 8:leolwl ffl' drug program. N6 approved eliftie sh8:ll ehttrge a fee 6f mere th8:ft $5{}.00 fuf' a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic hy the departmeftt. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college.
(b) (1) The commissioner Qf public safety shall be authorized to enter into recipro-
cal agreements with the proper authorities in other states, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States. Reciprocal agreements shall only be made where the clinics, programs, and courses of such other jurisdictions meet or exceed the standards and requirements of clinics, programs, and courses in this state. The department shall accept certificates of completion of courses from clinics and programs which have been approved in such reciprocal agreements.

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101

(2) Driver improvement clinics, programs, and courses outside of the State of Georgia which have been approved in reciprocal agreements negotiated by the com-
missioner Qf public safety shall not be required to comply with the provisions of sub-
section (a) of this Code section.
(c) The Department Qf Human Resources~ designated~ the agency responsible for establishing criteria for the approval Qf DUI alcohol Q! drug use risk reduction programs. An applicant must meet the certification criteria promulgated Qy the Department 2f Human Resources through its standards and ~ provide the following combination .2f services: ill the assessment and education/intervention components; ill the assessment, education/intervention, and intensive intervention components; Q! ill the intensive
intervention component only, provided that no DUI alcohol Q! drug use risk reduction program ~ offer the assessment component alone Q! the education/intervention com-
ponent alone. The Department 2f Human Resources~ designated~ the agency responsible for establishing rules and regulations concerning the contents and duration .2f the components .2f DUI alcohol Q! drug use risk reduction programs, qualifications 2f
instructors, certification fees, attendance requirements for students, examinations, and program evaluations. Approved DUI alcohol Q! drug use risk reduction programs shall
charge .!1 fee Qf $45.00 for the assessment component, $50.00 for the
education/intervention component, and $100.00 for the intensive intervention component. No DUI alcohol Q! drug use risk reduction program shall be approved unless such
clinic agrees !!! writing !Q submit reports ~ required !!! the rules and regulations 2f the Department 2f Human Resources and !Q allow the examination and audit 2f the books, records, and financial statements 2f such DUI alcohol Q! drug use risk reduction .P!Q: gram Qy the Department .2f Human Resources Q! its authorized agent. DUI alcohol Q!
drug use risk reduction programs ~ be operated Qy @Y: public, private, Q! governmental entity. No DUI alcohol Q! drug use risk reduction program which delivers the assessment component Q!: the intensive intervention component will be approved unless such
clinic agrees !!! writing !Q rebate !Q the state, for the costs Qf administration, .!1 ~ for each offender assessed Q!: each offender participating !!! intensive intervention, 2f $7.00, provided that nothing !!! this Code section shall be construed ~ ~ !Q allow the Department Qf Human Resources !Q retain .!I!!Y funds required fur the Constitution Qf Georgia !Q be paid into the state treasury; and provided, further, that the Department Qf Human Resources shall comply with all provisions 2f Article '! Qf Chapter 12 Qf Title 1Q, the
'Budget Act,' except Code Section 45-12-92, prior !Q expending l!!!Y: such miscellaneous funds."
Section 8. Said title is further amended in Code Section 40-6-391.1, relating to pleas of nolo contendere to charges of driving under the influence, by striking subsection (d) and inserting in its place a new subsection to read as follows:
"(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a eel'iified tiOO appr<Y<'ed baste ale6ft6l tiOO drttg e6tH"Se frem an appr6ved drive impr6vemeat eliaie .!1 First Offender DUI Alcohol Q!: Drug Use Risk
Reduction Program approved Qy the Department Qf Human Resources. The order shall
stipulate that the defendant shall complete such program e6tH"Se within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such eotH"Se program by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-72."
Section 9. This Act shall become effective July 1, 1991.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Steele of the 97th moved that HB 663 be tabled.

On the motion, the roll call was ordered and the vote was as follows:

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N Aaron N Abernathy N Adams Y Aiken N Alford NAllen N Athon Y Atkins N Bailey
N Baker Balkcom
N Bannister N Barfoot N Bargeron N Barnett,B N Barnett,M N Bates N Beck N Benefield
Benn N Birdsong
N Bishop N Bostick
Branch N Breedlove
Brooks N Brown
Buck N Buford N Byrd
Campbell N Carrell N Carter
N Chambless N Chance N Cheeks

N Childers Y Clark,B Y Clark,H
Clark,L N Coleman N Colwell N Connell Y Couch N Crawford N Crosby Y Cummings,B Y Cummings,M Y Davis,C N Davis,G Y Davis,M
N Dixon,H N Dixon,S
N Dobbs N Dover NDunn N Edwards Y Ehrhart
Felton N Fennel N Floyd,J.M N Floyd,J.W Y Foster N Godbee Y Goodwin N Green N Greene Y Gresham NGriffin N Groover N Hamilton N Hanner

N Harris N Hasty
Y Heard N Herbert N Holcomb N Holland
Holmes N Hooks Y Howren
Y Hudson N Irwin N 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 Y Langford Y Lawrence N Lawson NLee Y Linder Y Long N Lord
Lucas N Lupton N Mangum N Martin N McCoy
McDonald Y McKelvey

On the motion, the ayes were 37, nays 113. The motion was lost.

McKinney,B McKinney,C
Meadows Y Milam
Mobley N Moody Y Morton N Moultrie Y Mueller N Oliver,C
N Oliver,M N Orr N Orrock N Padgett N Pannell
Parham N Parrish N Patten
Pettit N Pinkston y Poag
N Porter N Poston N Powell N Randall Y Ranaom NRay N Reaves
Redding Richardson N Ricketaon N Robinson N Royal
N Selman N Simpson N Sinkfield

N Smith,L Smith,P Smith,T
N Smith,W N Smyre NSnow N Stancil,F Y Stanci~S Y Stanley
Y Steele Stephens
N Streat N Teper N Thomas,C
Thomas,M YThompson
Thurmond N Titus
Tolbert N Townsend
Twiggs
Y Vaughan
N Waddle Walker,C
N Walker,L
NWall Ware
N Wataon N Watts N White Y Wilder YWilliams,B
Williams,J
Y Yates N Yeargin
Murphy,Spkr

Representative Steele of the 97th moved that further consideration of HB 663 be postponed until after lunch.
The motion prevailed.

HB 1185.

By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th, Twiggs of the 4th, McDonald of the 12th and others:
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 the delay of the issuance of a driver's license to any person under the age of 16 who is convicted of driving under the influence or of a drug offense.

The following amendment was read and adopted:

Representative Jackson of the 9th moves to amend HB 1185 by striking from line 4 of page 1 the following:
"convicted", and inserting in lieu thereof the following:
"adjudicated or convicted". By striking from lines 14 and 15 of page 1 the following: "convicted in a juvenile court or any other court",

THURSDAY, JANUARY 11, 1990

103

and inserting in lieu thereof the following: "adjudicated delinquent or unruly in a juvenile court or convicted in any other court".

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H
Clark,L Y Coleman Y Colwell Y Connell Y Couch 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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham YGriffin
Y Groover Y Hamilton
Y Hanner

Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudaon 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
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
Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves y Redding
Richardson Y 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
Y Streat Y Teper YThomas,C
Thomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall YWare Y Watson Y Watta YWhite Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

104

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 593. By Representative Hooks of the 116th: A resolution expressing regret at the passing of Mr. Jack Murr.
HR 594. By Representative Smith of the 78th: A resolution commending Mamie Crawford.
HR 595. By Representative Smith of the 78th: A resolution expressing regret at the passing of Roy W. Moore.
HR 596. By Representative Hooks of the 116th: A resolution congratulating Mrs. Eula L. Dowdell on the occasion of her lOOth birthday.
HR 597. By Representatives McKinney of the 40th, McKinney of the 35th, Benn of the 38th, Smyre of the 92nd, Cummings of the 134th and others: A resolution honoring Honorable Michael Norman Manley.
HR 598. By Representative Ricketson of the 82nd: A resolution commending the students, faculty, and administration of Washington-Wilkes Comprehensive High School.
HR 599. By Representatives Alford of the 57th, Mangum of the 57th and Athon of the 57th: A resolution congratulating Mr. Charles R. "Pat" Armour upon his retirement.
HR 600. By Representative Jamieson of the 11th: A resolution commending the Toccoa All-Stars Little League baseball team.
HR 601. By Representatives Buck of the 95th, Robinson of the 96th, Smyre of the 92nd, Steele of the 97th, Moultrie of the 93rd and others: A resolution expressing sympathy at the passing of Maynard R. Ashworth.
HR 602. By Representatives Cheeks of the 89th, Padgett of the 86th, Brown of the 88th, Ransom of the 90th and Connell of the 87th: A resolution commending Mr. Vyron Harris.
HR 603. By Representatives Ware of the 77th, Meadows of the 91st, Yates of the 75th and Jones of the 71st: A resolution commending Michael Steven Stratton.

THURSDAY, JANUARY 11, 1990

105

HR 604. By Representatives Mueller of the 126th and Chance of the 129th: A resolution commending Joy Moore.

HR 605. By Representative Reaves of the 147th: A resolution commending Chantel Marable.

HR 606. By Representatives Moody of the 153rd and Byrd of the 153rd: A resolution commending Kristen Ivy Pattie.

HR 607. By Representatives McKinney of the 40th, McKinney of the 35th, Redding of the 50th, Williams of the 54th, Brooks of the 34th and others:
A resolution commending Mrs. Mary Ola Vaughn.

HR 608. By Representatives Thomas of the 69th and Simpson of the 70th: A resolution commending Lee Watson Webb IV.

HR 609. By Representative Patten of the 149th: A resolution commending Greg Moore.

HR 610. By Representatives Murphy of the 18th and Cummings of the 17th: A resolution commending Christine Estes.

HR 611. By Representative Floyd of the 135th: A resolution commending Chris Morris.

HR 612. By Representatives Athon of the 57th, Alford of the 57th and Mangum of the 57th:
A resolution commending Stacy Dawn Bishop.

HR 613. By Representative Cheeks of the 89th: A resolution commending Charles W. Norwood, Jr., D.D.S..

HR 614. By Representative Smith of the 78th: A resolution commending Mary Alice English.

HR 615. By Representative Bannister of the 62nd: A resolution commending Richard D. Mills.

HR 616. By Representatives Hamilton of the 124th, Oliver of the 53rd, Orrock of the 30th, Smith of the 152nd, Childers of the 15th and others:
A resolution designating Georgia as "The Children's State".

HR 617. By Representative Mobley of the 64th: A resolution commending and recognizing Mrs. Gwen Hight.

106

JOURNAL OF THE HOUSE,

HR 618. By Representatives McDonald of the 12th, Dunn of the 73rd, Murphy of the 18th, Lee of the 72nd, Coleman of the 118th and others:
A resolution recognizing and commending the Georgia Wing of the Civil Air Patrol.

HR 619. By Representative Mobley of the 64th: A resolution recognizing and commending Sam G. Dunaway, Sr.

HR 620. By Representative Oliver of the 121st: A resolution expressing regret at the passing of Blakely Thornton.

HR 621. By Representative Oliver of the 121st: A resolution expressing regret at the passing of J. C. Powell.

HR 622. By Representative Mobley of the 64th: A resolution commending the Winder-Barrow High School football team.

HR 623. By Representatives Murphy of the 18th, Edwards of the 112th, Groover of the 99th, Connell of the 87th, Lee of the 72nd and Walker of the 115th:
A resolution expressing the consensus of the General Assembly with respect to the Tenth amendment to the United States Constitution.

HR 624. By Representatives Reaves of the 147th, Greene of the 130th, Royal of the 144th, Floyd of the 135th, Birdsong of the 104th and Godbee of the llOth:
A resolution urging the United States Environmental Protection Agency to allow the continued use of EBDC fungicides and Benomyl on certain vegetables.

HR 625. By Representatives Patten of the 149th, Beck of the 148th, Reaves of the 147th, Holland of the 136th and Carter of the 146th:
A resolution commending Mrs. Mary Holland.

HR 626. By Representatives Jackson of the 83rd, Lee of the 72nd, Connell of the 87th, Hanner of the 131st, Parrish of the 109th and others:
A resolution relative to the promotion of marksmanship programs in Georgia high schools.

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

HR 627. By Representative Isakson of the 21st:
A resolution inviting Honorable Newt Gingrich to appear before the House of Representatives.

HR 628. By Representatives Stancil of the 66th and Buck of the 95th:
A resolution recognizing the national 4-H winners from Georgia and inviting them to appear before the House of Representatives.

THURSDAY, JANUARY 11, 1990

107

HR 629. By Representatives Coleman of the 118th, Godbee of the 110th and Murphy of the 18th:
A resolution commending Mrs. Jan Griffin and inviting her to appear before the House of Representatives.

HR 630. By Representatives Campbell of the 23rd, Isakson of the 21st, Stancil of the 8th, Felton of the 22nd, Davis of the 45th and others:
A resolution expressing tribute to Honorable Luther S. Colbert and inviting his wife and family to appear before the House of Representatives.

Under the general order of business, the following Bill of the House, having been previously read, was again taken up for consideration:

HB 663. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence.

The following amendment was read and lost:

Representative Steele of the 97th moves to amend the Committee substitute to HB 663 by adding on line 18 of page 1 following the word and symbol "fees;" the following:
"to provide for the seizure and sale of the motor vehicle of a person who has been convicted of three or more violations of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs; to provide procedures; to provide for notice and service of process; to provide for the application of proceeds of a sale of a motor vehicle; to provide for intent; to provide for defenses; to allow for bond to be given; to authorize settlements;".
By adding after line 11 on page 14 a new Section 9 to read as follows:
"Section 9. Said title is further amended by adding immediately following Code Section 40-6-391.1 a new Code Section 40-6-391.2 to read as follows:
'40-6-391.2. (a) In addition to any other punishment, a person convicted in this state of three or more violations of Code Section 40-6-391 after July 1, 1989, shall be subject to the provisions of this Code section.
(b) The motor vehicle owned by a person convicted in this state of three or more violations of Code Section 40-6-391 after July 1, 1989, is declared to be contraband and forfeited to the state and shall be confiscated and seized by any peace officer, who shall forthwith deliver it to the district attorney whose circuit includes the county in which the seizure is made or to his duly authorized agent within ten days of the seizure.
(c) The district attorney whose circuit includes the county in which the seizure is made, within 30 days after the seizure of the motor vehicle, shall institute proceedings by petition in the superior court of any county where the seizure was made against the motor vehicle so seized and against any and all persons having an interest in or right affected by the seizure or sale of such motor vehicle. A copy of the petition shall

108

JOURNAL OF THE HOUSE,

be served upon the person or persons having custody or possession of the motor vehicle at the time of the confiscation or seizure and, if known, upon any owner or lessee of the motor vehicle and any person having a duly recorded security interest in or lien upon the motor vehicle. If the owner, lessee, or person or persons having custody or possession of the motor vehicle at the time of seizure are unknown or reside out of the state or depart the state or cannot after due diligence be found within the state or conceals himself or themselves so as to avoid service, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriffs advertisements of the county are published. The publication shall be deemed notice to any and all persons having an interest in or right affected by the proceeding and any sale of the motor vehicle resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such motor vehicle and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise, the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that the owner of such motor vehicle has been convicted of a third or subsequent violation of Code Section 40-6-391 and such violations occurred after July 1, 1989, the motor vehicle shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from the sale shall be applied:
(1) To the payment of proper costs and expenses, including expenses incurred in the seizure;
(2) To the payment of the costs of the court and its officers;
(3) To the payment of any costs incurred in the storage, advertisement, maintenance, or care of the motor vehicle; and
(4) If any money remains, to the general funds of the county.
The Attorney General may aid the district attorney in the in rem proceeding arising from any seizure or confiscation of the motor vehicle.
(d) Where the owner or lessee of any motor vehicle seized for the purpose of condemnation shall abscond or conceal himself so that actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as provided in subsection (c) of this Code section in the case of an unknown owner or lessee.
(e) All proceedings against any motor vehicle for the purpose of condemnation shall be proceedings in rem against such motor vehicle; and the motor vehicle shall be described only in general terms. It is the intent and purpose of the procedure provided by this Code section to provide a civil remedy for the condemnation and sale of motor vehicles operated in violation of Code Section 40-6-391.
(f) Any party at interest may appear, by answer under oath, and make his defense. The security interest holder or lienholder shall be permitted to defend by showing that the motor vehicle seized, if illegally operated by another, was operated without the knowledge, connivance, or consent, expressed or implied, of the security interest holder or lienholder. The holder of any bona fide lien on or security interest in the motor vehicle shall be protected to the full extent of his lien or security interest, respectively; provided, however, that nothing contained in this Code section shall be construed to obligate the district attorney whose circuit includes the county in which the seizure is made beyond the proceeds of any such sale less the actual costs incurred by him.
(g) If the owner or lessor of the motor vehicle appears and defends the action and can show that he was unaware of the fact that the defendant was illegally operating the motor vehicle, the court shall order the motor vehicle returned to the owner.

THURSDAY, JANUARY 11, 1990

109

(h) The court to which any such petition for condemnation may be referred may in its discretion allow any party at interest to give bond and take possession of the motor vehicle seized. The court shall determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond and shall also determine the amount of the bond. The enforcement of any bond so given shall be regulated by the general law applicable to such cases.
(i) The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceeding by permitting to be paid into court the value of the motor vehicle or the value of the equity therein, as determined by the court, which money, when so paid in, shall be distributed as provided by law in all cases of condemnation.
(j) In the event the court returns the motor vehicle to the owner or lessor pursuant to subsection (g) of this Code section, the court shall consider the fair market value of the motor vehicle and may fine the defendant an amount not to exceed the fair market value of the motor vehicle."',
and by redesignating Sections 9 and 10 on page 14 as Sections 10 and 11, respectively.

The following amendment was read and adopted:
Representative Jackson of the 9th moves to amend HB 663 Committee substitute by changing on page 14 line 13 the figure:
"1991", to
"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 roll call was ordered and the vote was as follows:

Y Aaron Abernathy Adams
Y Aiken Y Alford
Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates y Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Y Brooks

Y Brown Y Buck
Buford Y Byrd Y CampbeD
Y CarreD Y Carter YChambless Y Chance
Cheeks Y Childers Y Clark,B Y Clark,H
Clark,L Coleman Y ColweD Y ConneD
Y Couch Crawford
Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H

Y Dixon,S y Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Hanner Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y HoUand

Y Holmes Hooks
Y Howren Y Hudson Ylrwin Ylsakson
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
Linder YLong
YLord Y Lucas Y Lupton YMangum

Martin Y McCoy
McDonald Y McKelvey
McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton
Y Moultrie Y MueDer Y Oliver,C YOiiver,M
Orr Y Orrock Y Padgett Y PanneD YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter

110

JOURNAL OF THE HOUSE,

Y Poston Y Powell y Randall Y Ransom
Ray
Reaves
Redding Richardson Y Ricketson
Y Robinson

Y Royal Y 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 Streat Y Teper Y Thomas,C
Thomas,M Thompson

Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Waddle Walker,C Y Walker,L Y Wall

Ware Y Watson Y Watts Y White Y Wilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Adams of the 79th, Coleman of the 118th, Lawson of the 9th and Orr of the 9th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HB 1200.

By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th, Twiggs of the 4th, McDonald of the 12th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of possession of a controlled substance or marijuana; to provide for reporting of suspensions to the Department of Public Safety.

The following amendment was read and adopted:

Representative Jackson of the 9th moves to amend HB 1200 by striking from line 11 of page 1 the following:
"all",
and inserting in lieu thereof the following:
"definitions; to provide for all".
By striking the quotation marks at the end of line 25 of page 5 and by inserting between lines 25 and 26 the following:
"(f) Notwithstanding the provisions of Code Section 15-11-38, and adjudication of a minor child as a delinquent child or an unruly child for possession of marijuana or a controlled substance in violation of subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section."'

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

Y Aaron Abernathy
Y Adams

Y Aiken Alford
Y Allen

Y Athon Y Atkins Y Bailey

Y Baker Balkcom
Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

THURSDAY, JANUARY 11, 1990

111

Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong
Bishop
Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Buck
Buford Y Byrd
YCampbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers N Clark,B Y Clark,H Y Clark,L Y Coleman YColwell Y Connell Y Couch Y 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 YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Jenkins Johnson Y Jones Y Kilgore Y Kingston Y Lane,D YLane,R Langford
Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord N Lucas Y Lupton y Mangum
Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B N McKinney,C Y Meadows
Milam Y Mobley Y Moody

Y Morton Y Moultrie Y Mueller Y Oliver,C YOliver,M
Y Orr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish
Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell N Randall Y Ransom
Ray Y Reaves N Redding
Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T

YSmith,W Y Smyre YSnow
Y Stancii,F Y Stancii,S Y Stanley Y Steele
Stephens Y Streat Y Teper YThomas,C
Thomas,M Thompson NThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall
Ware Y Watson Y Watts N White Y Wilder YWilliama,B
Williama,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 148, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Jenkins of the 80th 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 Thompson of the 20th requested that the following statement be placed in the Journal:

Please be advised Rep. Thompson of the 20th has to appear at Commissioner's Office of D.H.R. at 1:30 until 2.
Is/ S. Thompson
1-11-90

Representative Edwards of the 112th arose to a point of personal privilege and addressed the House.

Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1236 Do Pass

112

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Dixon of the 151st
Chairman

Representative Groover of the 99th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

FRIDAY, JANUARY 12, 1990

113

Representative Hall, Atlanta, Georgia Friday, January 12, 1990

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Art Graves, Pastor, Graysville United Methodist Church, Graysville, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1325. By Representatives Jackson of the 83rd and Harris of the 84th: A bill to provide that the school superintendent of Columbia County shall be elected in nonpartisan elections.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1326. By Representatives Hamilton of the 124th, Pinkston of the 100th, Dunn of the 73rd, Foster of the 6th, Stancil of the 8th and others: A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance for public officers and employees generally, so as to provide for liability coverage under state insurance policies, contracts of indemnity, or similar programs for certain nonprofit agencies and their employees.
Referred to the Committee on Governmental Affairs.

114

JOURNAL OF THE HOUSE,

HB 1327. By Representative Royal of the 144th:
A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the judge and solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1328. By Representatives Steele of the 97th, Felton of the 22nd, Heard of the 43rd, Robinson of the 96th, Bishop of the 94th and others:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification and classification of professional personnel employed in the public schools of Georgia, so as to change the provisions relating to the fee charged for the renewal of certificates.
Referred to the Committee on Education.
HB 1329. By Representatives Bargeron of the 108th and Godbee of the llOth:
A bill to amend an Act providing for the election of the members of the board of education of Burke County, so as to provide for the compensation and expense allowance of the members of the board. Referred to the Committee on State Planning & Community Affairs - Local.
HB 1330. By Representatives Carrell of the 65th, Colwell of the 4th, Barnett of the lOth, Harris of the 84th, Godbee of the llOth and others:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to exempt certain persons from the requirement for a commercial driver's license.
Referred to the Committee on Motor Vehicles.
HB 1331. By Representative Porter of the 119th:
A bill to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide that in exercising peremptory challenges in misdemeanor and felony cases the defense shall exercise the first peremptory challenge.
Referred to the Committee on Judiciary.
HB 1332. By Representatives Porter of the 119th, Barfoot of the 120th, McDonald of the 12th and Robinson of the 96th:
A bill to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to change the number of peremptory challenges allowed the prosecuting attorney and the accused in misdemeanor and felony trials.
Referred to the Committee on Judiciary.
HB 1333. By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to reenact Article 1 thereof relating to sales in this state of subdivided lands, so as to provide that the Secretary of State will no longer have powers or duties under that article and that certain of such powers and duties will become the powers and duties of the Georgia Real Estate Commission.
Referred to the Committee on Industry.

FRIDAY, JANUARY 12, 1990

115

HB 1334. By Representatives Patten of the I49th, Beck of the I48th and Reaves of the I 47th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain provisions relating to fees.
Referred to the Committee on Education.

HB 1335. By Representatives Godbee of the llOth, Walker of the 115th, Coleman of the 118th, Groover of the 99th, McDonald of the 12th and others:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential assessment of certain tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the date for filing an application for such preferential assessment, including certain covenant agreements.
Referred to the Committee on Ways & Means.

HB 1336. By Representatives Tolbert of the 58th, Redding of the 50th, Ehrhart of the 20th, Barnett of the 59th, Williams of the 48th and others:
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 agency, or person acting on behalf of any agency, from making contributions to any campaign committee, political action committee, or political organization.
Referred to the Committee on Governmental Affairs.

HB 1337. By Representatives Jackson of the 83rd and Harris of the 84th:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of Chapter 6 concerning the uniform rules of the road, so as to provide that under certain circumstances said chapter shall apply to vehicles operated on private property on which at least 100 private homes and at least two miles of streets or roads are located.
Referred to the Committee on Motor Vehicles.

HB 1338. By Representatives Dover of the 11th, Coleman of the 118th and Crosby of the 150th:
A bill to amend Code Section 48-5-263 of the Official Code of Georgia Annotated, relating to qualifications, duties, and compensation of county property appraisers, so as to provide for the termination of employment of any such appraiser who qualifies for election to certain elective office.
Referred to the Committee on Ways & Means.

HB 1339. By Representative Smith of the 78th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to change which offenses are bailable only before a judge of the superior court and to establish a minimum bail for certain of those offenses.
Referred to the Committee on Special Judiciary.

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HB 1340. By Representative Smith of the 78th:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to possession of marijuana and controlled substances, so as to prohibit the purchase of marijuana and controlled substances.
Referred to the Committee on Judiciary.

HB 1341. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to authorize the expenditure of municipal funds for certain purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1342. By Representatives Lord of the 107th, Bailey of the 72nd, Bargeron of the 108th, Irwin of the 13th, Poston of the 2nd and others:
A bill to amend Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans affairs, so as to change the provisions relating to the location of meetings of the Veterans Service Boards.
Referred to the Committee on Defense & Veterans Affairs.

HB 1343. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to establish the Municipal Court of the City of LaGrange.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1344. By Representatives Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to revise completely the provisions thereof; to provide for forfeitures; to provide for definitions of certain terms used in this Act.
Referred to the Committee on Judiciary.

HB 1345. By Representatives Royal of the 144th, Coleman of the 118th, Crosby of the 150th, Long of the 142nd, Greene of the 130th and others:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, so as to provide for the assessment of additional fines against persons who violate the "Georgia Controlled Substances Act".
Referred to the Committee on Judiciary.

HB 1346. By Representatives Coleman of the 118th, Porter of the 119th, Royal of the 144th, Connell of the 87th and Crosby of the 150th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding the state sales and use tax, so as to change the definition of a "dealer"; to provide for the collection of state sales and use tax by certain dealers engaging in certain regular or systematic solicitation; to provide for applicable types of solicitation.
Referred to the Committee on Ways & Means.

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117

HB 1347. By Representative Aaron of the 56th:
A bill to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that the state and political subdivisions thereof are not required to issue a permit for a parade or demonstration or to offer police protection in connection therewith to any group which advocates hatred of and discrimination or the commission of crimes against another segment of society on account of race, color, sex, religion, or national origin.
Referred to the Committee on State Planning & Community Affairs.

HB 1348. By Representatives Coleman of the 118th and Crosby of the !50th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, dangerous drugs, and related matters, so as to enact the "Mandatory Demand Reduction Assessment Act"; to provide for additional monetary penalties to be imposed in juvenile delinquency and criminal cases involving controlled substances.
Referred to the Committee on Judiciary.

HB 1351. By Representatives Royal of the I 44th, Chambless of the 133rd, Dover of the lith, Holland of the !36th, Reaves of the I47th and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that employers of farm laborers may elect to provide coverage for individuals employed as farm laborers; to provide for notices to be filed with the State Board of Workers' Compensation; to authorize the State Board of Workers' Compensation to provide the manner and form of such notices.
Referred to the Committee on Industrial Relations.

HB 1352. By Representatives Porter of the I 19th, Campbell of the 23rd and Davis of the 45th:
A bill to amend Code Section 53-2-45 of the Official Code of Georgia Annotated, relating to the effect of a legacy or devise to a subscribing witness to a will, so as to provide that a legacy or devise to a subscribing witness shall not be void if there are at least two other subscribing witnesses to such will who are not legatees or devisees under such will.
Referred to the Committee on Judiciary.

HB 1353. By Representatives Porter of the 119th, Campbell of the 23rd and Davis of the 45th:
A bill to amend Code Section 53-4-4 of the Official Code of Georgia Annotated, relating to inheritance by children born out of wedlock and their offspring, so as to provide that a child born out of wedlock may inherit from and through his father or any paternal kin by reason of the paternal kinship if a presumption has been established by blood tests showing at least a 97 percent probability of paternity that the child is the child of the father and this presumption has not been rebutted by a preponderance of the evidence.
Referred to the Committee on Judiciary.

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HB 1354. By Representatives Coleman of the 118th, Mangum of the 57th, Walker of the 115th and Watson of the 114th:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds for public education, so as to provide that such funds may be used for the purchase and relocation of existing brick or masonry construction buildings for use as educational facilities.
Referred to the Committee on Education.
HB 1355. By Representatives Green of the 106th, Watson of the 114th, Kilgore of the 42nd, Ricketson of the 82nd and Smith of the 156th:
A bill to amend Code Section 40-8-27 of the Official Code of Georgia Annotated, relating to the requirement for a light or flag on a projecting load, so as to require an amber light on all loads of logs projecting beyond the rear of a motor vehicle.
Referred to the Committee on Motor Vehicles.
HB 1356. By Representatives Poston of the 2nd, Mangum of the 57th, Hamilton of the 124th, Simpson of the 70th and Holcomb of the 72nd:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the requirement of certificates for professional personnel employed in the public schools of this state, so as to change the provisions relating to demonstrating satisfactory proficiency on a test of oral and written communication skills and an assessment to demonstrate satisfactory on-the-job performance.
Referred to the Committee on Education.
HB 1357. By Representatives Adams of the 79th, Redding of the 50th, Edwards of the 112th and Connell of the 87th:
A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to the crime of interference with custody, so as to define the crimes of interference with visitation rights in the first and second degrees; to provide penalties; to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to require parents to support their children and to require the custodial parent to cooperate in allowing visitation rights.
Referred to the Committee on Special Judiciary.
HB 1358. By Representatives Edwards of the 112th, Hooks of the 116th, Adams of the 79th, Meadows of the 91st, Greene of the 130th and others:
A bill to amend Code Section 12-8-7 of the Official Code of Georgia Annotated, relating to permits for handling solid waste and constructing or operating certain disposal facilities or sites, so as to provide for a moratorium on the issuance of certain permits.
Referred to the Committee on Natural Resources & Environment.
HB 1359. By Representatives Parham of the 105th, Byrd of the 153rd and Moody of the 153rd:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to prohibit employees of the department from being required to wear certain hazardous clothing.
Referred to the Committee on Public Safety.

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119

HB 1360. By Representatives Jackson of the 9th and Thomas of the 69th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to exhaustively and comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, and the uniform rules of the road.
Referred to the Committee on Motor Vehicles.

HB 1361. By Representatives Chambless of the 133rd, Thomas of the 69th, Robinson of the 96th and Pannell of the 122nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions of terms used in the "Georgia Business Corporation Code".
Referred to the Committee on Judiciary.

HB 1362. By Representatives Orr of the 9th, Thomas of the 31st, Davis of the 29th, Allen of the !27th and White of the 132nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to create the Department of Environmental Protection; to create the position of commissioner of environmental protection.
Referred to the Committee on Natural Resources & Environment.

HB 1363. By Representatives Isakson of the 21st, Clark of the 20th, Stancil of the 8th, Tolbert of the 58th, Davis of the 72nd and others:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign disclosure reports, so as to require the business, occupation, or place of employment of a person making a campaign contribution of $1,000.00 or more to be included in a campaign disclosure report.
Referred to the Committee on Rules.

HB 1364. By Representatives Hooks of the 116th, Lawson of the 9th, Smyre of the 92nd, Patten of the I49th and Dobbs of the 74th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title.
Referred to the Committee on Natural Resources & Environment.

HB 1365. By Representative Reaves of the !47th:
A bill to amend Article 3 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to the Agricultural Commodity Commission for Peanuts, so as to provide that no assessment shall be imposed or collected under any marketing order on peanuts produced as seed for the Georgia Seed Development Commission.
Referred to the Committee on Agriculture & Consumer Affairs.

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HB 1366. By Representative Reaves of the 147th:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to change the definition of the term "stable"; to change the provisions relating to licenses for pet dealers and kennels, stables, or animal shelter operators.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 1367. By Representative Reaves of the 147th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the provisions relating to the powers of the Commissioner of Agriculture to deal with certain diseases.
Referred to the Committee on Agriculture & Consumer Affairs.
HR 591. By Representatives Coleman of the 118th and Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to authorize the imposition by law of additional penalties and fees in juvenile cases and criminal cases involving controlled substances and dangerous drugs and so as to authorize the allocation by law of such penalties and fees for drug abuse education, prevention, and treatment purposes.
Referred to the Committee on Ways & Means.
HR 592. By Representatives Jamieson of the 11th and Dover of the 11th:
A resolution extending and redesignating the U.S. 441 Business Historic Route.
Referred to the Committee on Transportation.
HR 631. By Representatives Orr of the 9th, Langford of the 7th, Clark of the 20th, Ehrhart of the 20th, White of the 132nd and others:
A resolution proposing an amendment to the Constitution so as to limit persons serving in the office of Lieutenant Governor to two consecutive fouryear terms of office; to provide that no person who has served two consecutive terms of office as Lieutenant Governor may be elected to that office until after the expiration of four years from the conclusion of his final term; to limit persons serving as Speaker of the House of Representatives to four consecutive two-year terms.
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 1374. By Representatives Walker of the 115th, Reaves of the 147th, Godbee of the llOth, Mangum of the 57th, Thomas of the 69th and others:
A bill to amend Code Section 12-3-472 of the Official Code of Georgia Annotated, relating to creation of the Georgia Agricultural Exposition Authority, so as to change provisions relating to compensation of members of the authority; to make a corresponding amendment to Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions.
Referred to the Committee on Appropriations.

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121

HB 1375. By Representatives Poston of the 2nd, Thomas of the 69th, Chambless of the 133rd and Holland of the 136th:
A bill to amend Code Section 40-6-392 of the Official Code of Georgia Annotated, relating to chemical tests for alcohol or drugs, so as to provide for the introduction into evidence of findings of certain hearings.
Referred to the Committee on Judiciary.

HB 1376. By Representatives Cummings of the 134th, Stanley of the 33rd, Brooks of the 34th, Redding of the 50th, Baker of the 51st and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures and forfeiture proceedings, so as to provide that forfeiture proceedings shall be stayed and property shall not be forfeited until a conviction is obtained.
Referred to the Committee on Special Judiciary.

HB 1377. By Representatives Parham of the 105th, Twiggs of the 4th, Atkins of the 21st and Parrish of the 109th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled substances and dangerous drug~.
Referred to the Committee on Health & Ecology.

HB 1378. By Representatives Wall of the 61st, Jackson of the 9th, Mobley of the 64th, Orr of the 9th, Breedlove of the 60th and others:
A bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption; to provide an exception with respect to land in excess of one acre.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1379. By Representatives Wall of the 61st, Jackson of the 9th, Orr of the 9th, Mobley of the 64th, Breedlove of the 60th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new sixth judgeship for the Gwinnett Judicial Circuit.
Referred to the Committee on Judiciary.

HB 1380. By Representatives McKinney of the 40th, Martin of the 26th, Brooks of the 34th, Redding of the 50th, Orrock of the 30th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain acts shall not constitute the offense of sodomy or the offense of solicitation of sodomy.
Referred to the Committee on Special Judiciary.

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HB 1381. By Representative Kingston of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents.
Referred to the Committee on Ways & Means.

HB 1382. By Representative Stephens of the 68th:
A bill to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to engaging in the bail bond business, so as to permit elected officials to engage in such business.
Referred to the Committee on Special Judiciary.

HB 1383. By Representatives Green of the 106th, Childers of the 15th, Ricketson of the 82nd, Parham of the 105th and Parrish of the 109th:
A bill to amend Article 7 Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to home health agencies, so as to change a certain term; to clarify the scope of home health agency service areas which are exempt from a certificate of need.
Referred to the Committee on Health & Ecology.

HB 1384. By Representatives Alford of the 57th, Watts of the 41st, Dobbs of the 74th, Adams of the 79th, Hanner of the 131st and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the establishment of competencies and core curriculum, so as to require each local board of education to prescribe and implement a course of study in citizenship and character development; to provide that the State Board of Education shall prescribe a minimum course of study.
Referred to the Committee on Education.

HB 1385. By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th, Connell of the 87th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that campaign finance disclosure reports shall include the occupation or place of employment of certain contributors.
Referred to the Committee on Rules.

HB 1386. By Representatives Oliver of the 121st, Groover of the 99th, Floyd of the 154th, Branch of the 137th and Barfoot of the 120th:
A bill to amend Code Section 48-9-4 of the Official Code of Georgia Annotated, relating to requirement of motor fuel distributor's license and surety bonds, so as to provide that a distributor may post in lieu of a bond an irrevocable letter of credit from a financial institution approved by the commissioner.
Referred to the Committee on Ways & Means.

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123

HB 1387. By Representatives Cummings of the 134th, Holmes of the 28th and McKinney of the 40th:
A bill to amend Article 1 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances in general, so as to provide that any law enforcement officer or prison guard who commits or conspires to commit any offense defined in Article 2 or Article 3 of Chapter 13 of Title 16 shall be guilty of a felony.
Referred to the Committee on Special Judiciary.

HB 1388. By Representatives Jackson of the 9th and Lawson of the 9th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the definition of "land surveying".
Referred to the Committee on Industry.

HB 1389. By Representatives Jackson of the 9th and Barnett of the lOth:
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 provisions relating to the composition and appointment of members of the State Board of Registration of Used Car Dealers.
Referred to the Committee on Motor Vehicles.

HB 1390. By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th:
A bill to amend Code Section 29-2-16 of the Official Code of Georgia Annotated, relating to the power of a guardian to compromise contested or doubtful claims, so as to provide that probate judges shall be authorized to approve structured settlements entered into by a guardian on behalf of his ward.
Referred to the Committee on Judiciary.

HB 1391. By Representatives Oliver of the 53rd, Baker of the 51st, Alford of the 57th and Robinson of the 96th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for minor revisions in the procedure for the appointment of a guardian; to revise extensively the provisions relating to modification or termination of guardianships.
Referred to the Committee on Judiciary.

HB 1392. By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th:
A bill to amend Code Section 53-7-180 of the Official Code of Georgia Annotated, relating to the annual returns of fiduciaries administering estates, so as to provide that the judge of the probate court may change the reporting period; to provide that the judge of the probate court may accept and approve a return not covering the appropriate reporting period.
Referred to the Committee on Judiciary.

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HB 1393. By Representatives Abernathy of the 39th, Walker of the 115th, Lee of the 72nd, Benn of the 38th, Baker of the 51st and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, so as to provide for the crime of distributing a controlled substance to an unborn child.
Referred to the Committee on Health & Ecology.

HB 1394. By Representatives Bannister of the 62nd, Barnett of the 59th, Breedlove of the 60th, Gresham of the 21st, Smith of the 156th and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to provide for additional criminal penalties for certain drug related offenses committed in, on, or within 1,000 feet of certain schools.
Referred to the Committee on Special Judiciary.

HB 1395. By Representatives Bannister of the 62nd, Breedlove of the 60th, Barnett of the 59th, Gresham of the 21st and Goodwin of the 63rd:
A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, so as to provide for the reduction of the ad valorem millage rate in counties where a complete reevaluation or reappraisal program is implemented.
Referred to the Committee on Ways & Means.

HB 1397. By Representatives Baker of the 51st, Oliver of the 53rd, Robinson of the 96th, Simpson of the 70th and Pettit of the 19th:
A bill to amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in proceedings in magistrate court, so as to provide for an additional interrogatory; to provide for an increase in the threshold value of items that must be identified and located; to provide that an evasive or incomplete answer shall be treated as a failure to answer.
Referred to the Committee on Judiciary.

HR 636. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A resolution ratifying the supplemental funding formula for regional development centers established by the Department of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.

HR 637. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A resolution ratifying certain minimum standards and procedures of the Department of Natural Resources.
Referred to the Committee on Natural Resources & Environment.

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125

HR 638. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A resolution ratifying certain minimum standards and procedures of the Department of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.

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

HB 1289 HB 1290 HB 1291 HB 1292 HB 1293 HB 1294 HB 1295 HB 1296 HB 1297 HB 1298 HB 1299
HB 1300 HB 1301 HB 1302
HB 1303 HB 1304
HB 1305 HB 1306
HB 1307 HB 1308
HB 1309 HB 1310

HB 1311 HB 1312 HB 1313 HB 1314 HB 1315 HB 1316 HB 1317 HB 1318 HB 1319 HB 1320 HB 1321 HB 1322 HB 1323
HB 1324 HB 1349 HB 1350
HR 586
HR 587 HR 588
HR 589 HR 590

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 1283 Do Pass HB 1285 Do Pass HB 1286 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman

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

HB 1283.

By Representative Stancil of the 66th:
A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, so as to change the supplementary compensation to be paid to each judge of the superior courts of the Western Judicial Circuit by Oconee County.

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JOURNAL OF THE HOUSE,

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

HB 1285.

By Representative Godbee of the llOth:
A bill to amend an Act relating to the board of education of Jenkins County, so as to change provisions relating to the compensation and reimbursement of expenses of the chairman and members of the board of education.

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

HB 1286.

By Representative Reaves of the 147th:
A bill to amend an Act providing for the compensation of the coroner of Brooks County, so as to change the compensation of the coroner.

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

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

HB 1220. By Representatives Lawson of the 9th, Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to create The Council of Superior Court Clerks of Georgia; to provide for the composition of the council.

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

HB 1214. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
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 change the provisions relating to representation of the petitioner by the district attorney.

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127

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

HB 1247.

By Representatives Birdsong of the 104th and Barnett of the lOth:
A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that the proposed demolition of certain county courthouses must be submitted to the voters of the county for approval or rejection; to provide for the application of the provisions of Chapter 2 of Title 21, the "Georgia Election Code".

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

HB 1219.

By Representatives Robinson of the 96th and Buck of the 95th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.

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

HB 1207.

By Representatives Lawson of the 9th, Walker of the 115th, Jackson of the 9th, Lee of the 72nd and Teper of the 46th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipalities may enter into multi-year installment purchase contracts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1273. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated.

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JOURNAL OF THE HOUSE,

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

HB 1274. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt powers of courts, so as to repeal the provisions relating to the inapplicability of "this Act" to certain employees; to amend Code Section 34-1-3 of the Official Code of Georgia Annotated, relating to discrimination against an employee for attending a judicial proceeding in response to a court order or process, so as to provide for the inapplicability of such Code section to certain employees.

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

HB 1277. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 51-1-31 of the Official Code of Georgia Annotated, relating to the liability of certain persons who donate canned or perishable food to charitable or nonprofit organizations for use or distribution, so as to make certain grammatical and editorial changes.

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

HB 1275. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to change all references to the United States Veterans' Administration to refer to the United States Department of Veterans Affairs; to change references to the administrator of veterans' affairs to refer to the secretary of veterans affairs.

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

FRIDAY, JANUARY 12, 1990

129

HB 1278. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated, to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1280. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse and deprivation, so as to provide access to such records to the State Personnel Board and its hearing officers in order to consider personnel disciplinary actions before the State Personnel Board concerning records of child abuse and deprivation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1236. By Representatives Redding of the 50th, Harris of the 84th, Powell of the 145th, McKinney of the 35th and McKinney of the 40th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to prohibit the presence of persons under the age of 21 years in licensed public premises selling or serving alcoholic beverages for consumption on the premises; to provide a 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 102, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

Representative Connell of the 87th stated that he wished to be recorded as voting "nay" on HB 1236.

The following Resolutions of the House were read and adopted:

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JOURNAL OF THE HOUSE,

HR 632. By Representatives Murphy of the 18th, Lee of the 72nd, Townsend of the 24th, Connell of the 87th, Colwell of the 4th, and others:
A resolution wishing a speedy recovery for Honorable Steve Polk.

HR 633. By Representatives Isakson of the 21st, Smith of the !56th, Clark of the 20th, Davis of the 45th, Felton of the 22nd and others:
A resolution commending and welcoming Honorable George Bush, President of the United States of America

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

HB 1196.

By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Ricketson of the 82nd, Kingston of the !25th and others:
A bill to amend Code Section 40-9-100 of the Official Code of Georgia Annotated, relating to the assigned risk plan for motor vehicle insurance, so as to provide eligibility requirements for persons to be insured under the assigned risk plan.

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

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industrial Relations and referred to the Committee on Insurance:

HB 1269.

By Representatives Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
A bill to amend Part 3 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to limitations on the payment of workers' compensation benefits, so as to provide that an order denying or limiting compensation to an employee may be entered by the administrative law judge or the board if it is determined that the employee was under the influence of a controlled substance or a dangerous drug at the time of injury or death.

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

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.

The following amendment was read and adopted:

Representatives Groover of the 99th and Holmes of the 28th move to amend SB 364 as follows:

FRIDAY, JANUARY 12, 1990

131

1. By striking the word "no" on line 1, page 2, and inserting in lieu thereof the following: "the provisions with respect to compensation if any".
2. By adding the word "not" after the word "shall" on line 4, page 2. 3. By striking "January" on line 5, page 2, and inserting in lieu thereof:
"the fiscal year of such municipal corporation".

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

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 465 Do Pass, by Substitute
Respectfully submitted,
Is/ Lee of the 72nd
Chairman

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

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 Annotated, 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1195. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Ricketson of the 82nd, Kingston of the I 25th and others:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter.

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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 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1131.

By Representatives Dover of the 11th, Kilgore of the 42nd and Irwin of the 13th:
A bill to amend Code Section 21-2-211 of the Official Code of Georgia Annotated, 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Governmental Affairs and referred to the Committee on Industrial Relations:

HB 1267.

By Representatives Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Drug-free Public Work Force Act of 1990"; to provide for the suspension and termination from public employment of public employees committing certain criminal offenses involving controlled substances and dangerous drugs; to provide a short title.

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

HR 634. By Representatives Stanley of the 33rd, Dover of the 11th, Lucas of the 102nd, McDonald of the 12th, Walker of the 115th and others:
A resolution creating the House Older Georgians' Transportation Study Committee.

HR 635. By Representative Aaron of the 56th:
A resolution creating the House Parade and Demonstration Cost Containment Study Committee.

The following communications were received and read:
Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334
January 12, 1990
TO: All Members of the General Assembly

FRIDAY, JANUARY 12, 1990

133

RE: Marijuana is not a "controlled substance."
A number of bills may have been drafted and introduced based on the erroneous assumption that marijuana is a "controlled substance." The definition of the term "controlled substance" in the Controlled Substances Act, however, does not include marijuana. Our office will be making every effort to individually notify each member of the General Assembly for whom we may have prepared legislation that is in error in this regard.
In addition, we would suggest that all members of the General Assembly and committees working in this subject area carefully ascertain that the legislation they are handling does apply to marijuana if it is intended to do so.
Sincerely,
Is/ Sewell R. Brumby
Legislative Counsel
SRB:jp

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 12, 1990

Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334

Dear Max:

Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Johnny Gresham was elected as a member of the State Transportation Board from the Seventh Congressional District. He will serve for a term beginning April 16, 1990, and expiring April 15, 1995. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board.

With best regards, I am

SRB:jp Enclosures cc: Honorable Joe Frank Harris
Honorable Zell Miller Honorable Thomas B. Murphy Honorable Johnny Gresham Honorable Hugh A. Ragan Honorable Boyd Pettit Mr. Hal Rives Mr. Hamilton McWhorter, Jr. Mr. Glenn W. Ellard Mr. Rusty Sewell

Sincerely yours,
Is/ Sewell R. Brumby
Legislative Counsel

The General Assembly Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE

134

JOURNAL OF THE HOUSE,

This is to certify that Honorable Johnny Gresham, Cobb County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Seventh Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1990 and expiring April 15, 1995.
This 12th day of January, 1990.
/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

General Assembly Atlanta
January 12, 1990
Honorable Zell Miller Lieutenant Governor 240 State Capitol Atlanta, Ga. 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 11, 1990, at 2:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable Johnny Gresham was elected as a member of the State Transportation Board from the Seventh Congressional District to serve a term beginning April 16, 1990, and expiring April 15, 1995.
Respectfully submitted,
Is/ Hugh A. Ragan
Senator, 32nd District Chairman Seventh Congressional District Caucus
/s/ Boyd Pettit Representative, 19th District Secretary Seventh Congressional District Caucus

General Assembly Atlanta
January 12, 1990
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Ga. 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 11, 1990, at 2:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable Johnny Gresham

FRIDAY, JANUARY 12, 1990

135

was elected as a member of the State Transportation Board from the Seventh Congressional District to serve a term beginning April 16, 1990, and expiring April 15, 1995.
Respectfully submitted,
Is/ Hugh A. Ragan
Senator, 32nd District Chairman Seventh Congressional District Caucus
Is/ Boyd Pettit
Representative, 19th District Secretary Seventh Congressional District Caucus

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 12, 1990
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, Ga 30334
Dear Max:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable James L. Conner was elected as a member of the State Transportation Board from the Eighth Congressional District. He will serve for a term beginning April 16, 1990, and expiring April 15, 1995. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board.
With best regards, I am
Sincerely yours,
Is/ Sewell R. Brumby
Legislative Counsel
SRB:jp Enclosures cc: Honorable Joe Frank Harris
Honorable Zell Miller Honorable Thomas B. Murphy Honorable James L. Conner Honorable Denmark Groover, Jr. Honorable Larry J. Parrish Mr. Hal Rives Mr. Hamilton McWhorter, Jr. Mr. Glenn W. Ellard Mr. Rusty Sewell

The General Assembly Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE

136

JOURNAL OF THE HOUSE,

This is to certify that Honorable James L. Conner, Jeff Davis County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Eighth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1990, and expiring April 15, 1995.
This 12th day of January, 1990.
/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly Atlanta
January 12, 1990
Honorable Zell Miller Lieutenant Governor 240 State Capitol Atlanta, Ga 30334
Dear Lieutenant Governor Miller:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 11, 1990, at 3:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable James L. Conner was elected as a member of the State Transportation Board from the Eighth Congressional District to serve a term beginning April 16, 1990, and expiring April 15, 1995.
Respectfully submitted, /s/ Denmark Groover, Jr.
Representative, 99th District Chairman Eighth Congressional District Caucus

/s/ Larry J. Parrish Representative, 109th District Secretary Eighth Congressional District Caucus

The General Assembly Atlanta
January 12, 1990
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Ga 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 11, 1990, at 3:00 P.M., in the Senate Chamber, State Capitol, at which caucus Honorable James L. Conner

FRIDAY, JANUARY 12, 1990

137

was elected as a member of the State Transportation Board from the Eighth Congressional District to serve a term beginning April 16, 1990, and expiring April 15, 1995.
Respectfully submitted, /s/ Denmark Groover, Jr.
Representative, 99th District Chairman Eighth Congressional District Caucus
Is/ Larry J. Parrish
Representative, 109th District Secretary Eighth Congressional District Caucus

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1152 Do Pass, by Substitute HB 1154 Do Pass, by Substitute
Respectfully submitted,
Is/ Thomas of the 69th
Chairman

Pursuant to SR 292, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 22, 1990.

138

JOURNAL OF THE HOUSE,

Representative Hall. Atlanta, Georgia Monday, January 22, 1990

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 William Harris, Pastor, Fountain of Faith Missionary Baptist Church, Riverdale, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 1368. By Representatives Davis of the 29th and Randall of the 101st: 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 deliNering, 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.
Referred to the Committee on Special Judiciary.
HB 1369. By Representatives Smith of the 156th, Dover of the 11th, Moody of the 153rd and Fennel of the 155th: A bill to amend Code Section 27-4-133 of the Official Code of Georgia Annotated, relating to the opening and closing of salt waters of the state for commercial shrimping and the use of certain nets, so as to provide that under certain conditions the commissioner of natural resources shall make a determination to open or close the salt waters of the state in as expeditious a manner as is possible.
Referred to the Committee on Game, Fish & Parks.

MONDAY, JANUARY 22,1990

139

HB 1370. By Representatives Smith of the 156th, Dover of the 11th, Moody of the 153rd, McKelvey of the 15th and Fennel of the 155th:
A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages for the purposes of the Georgia "Employment Security Law," so as to exclude from the definition of wages payments made by the owner or operator of a commercial shrimping or fishing vessel as a percentage of the daily catch of the vessel to crew members for services performed on the vessel for that particular day.
Referred to the Committee on Industrial Relations.

HB 1371. By Representatives Jamieson of the 11th and Dover of the 11th:
A bill to amend an Act dividing Stephens County into school districts and providing for the election of members of the Board of Education of Stephens County, so as to change the provisions relating to the composition of Education District 2 in order to conform with an order of the Probate Court of Stephens County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1372. By Representatives Balkcom of the 140th and Meadows of the 91st:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, so as to delete the provisions of Code Section 27-4-10 which provide for a creel and possession limit for red drum; to delete the provisions of Code Section 27-4-11 which provide minimum size limits for red drum and spotted sea trout.
Referred to the Committee on Game, Fish & Parks.

HB 1373. By Representatives Balkcom of the 140th and Meadows of the 91st:
A bill to amend Code Section 27-1-18 of the Official Code of Georgia Annotated, relating to the powers of conservation rangers generally, so as to provide that the commissioner of natural resources may authorize conservation rangers to assist any law enforcement agency of this state or any municipality, county, or other political subdivision of this state in the prevention or detection of violations of any law or in the apprehension or arrest of criminals.
Referred to the Committee on Game, Fish & Parks.

HB 1396. By Representatives Hamilton of the 124th, Mueller of the 126th, Johnson of the 123rd, Kingston of the 125th and Pannell of the 122nd:
A bill to create the Intergovernmental Council of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1398. By Representatives Isakson of the 21st, Clark of the 20th, Gresham of the 21st, Aiken of the 21st, Thompson of the 20th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to clarify the terms of office of its members.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1399. By Representative Floyd of the 135th:
A bill to amend an Act providing for the purposes of the Cordele Office Building Authority, so as to change such purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1400. By Representative Birdsong of the 104th:
A bill to amend an Act placing the sheriff of Wilkinson County on an annual salary, so as to provide that sheriffs automobiles shall be replaced at 100,000 miles; to provide that automobiles with over 100,000 miles may be used on a part-time basis for nonpursuit purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1401. By Representative Birdsong of the 104th:
A bill to provide that residents of the City of lvey who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1402. By Representative Birdsong of the 104th:
A bill to amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Jones County who is 65 years of age or older and who meets certain income qualifications, so as to increase the maximum amount of income such persons may receive in order to be eligible to receive such exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1403. By Representative Birdsong of the 104th:
A bill to restate and reenact a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County; to increase certain income qualifications of individuals 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1404. By Representative Birdsong of the 104th:
A bill to amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County who is age 65 or older and who meets certain income qualifications, so as to increase the maximum amount of income a resident 65 or older may receive in order to be eligible to receive a certain homestead exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1405. By Representative Barnett of the lOth:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to property, so as to provide that certain provisions in contracts for the sale of real property shall be expressly disclosed.
Referred to the Committee on Industry.

MONDAY, JANUARY 22, 1990

141

HB 1406. By Representatives Beck of the 148th, Pinkston of the 100th, Padgett of the 86th and Connell of the 87th:
A bill to amend Chapter 5 of Title 7 of the Official Code of Georgia Annotated, relating to credit cards and credit card banks, so as to revise the provisions relative to the interest, finance charges, and other fees and charges which may be imposed and collected by a domestic lender or credit card bank; to provide that certain charges and fees shall be deemed to be interest for the purposes of certain state and federal laws.
Referred to the Committee on Banks & Banking.

HB 1407. By Representative Yeargin of the 14th:
A bill to amend an Act reconstituting and re-creating the Board of Education of Elbert County, so as to provide for the monthly compensation and expenses for the members of the Board of Education of Elbert County; to provide for authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1408. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination.
Referred to the Committee on State Planning & Community Affairs.

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 1409. By Representatives Poston of the 2nd, Holland of the 136th, Chambless of the 133rd and Thomas of the 69th:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to adoption without the surrender or termination of parental rights, so as to require the court to make a specific finding that a parent's significant failure to communicate with or to provide support for his child was without justifiable cause as a prerequisite to adoption.
Referred to the Committee on Judiciary.

HB 1410. By Representatives Crosby of the 150th, McDonald of the 12th, Dixon of the 151st, Colwell of the 4th, Holcomb of the 72nd 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 the continuation of certain sparsity grants for certain school systems which received an "isolated schools" grant for fiscal year 1989.
Referred to the Committee on Education.

HB 1411. By Representative Redding of the 50th:
A bill to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to procedures for changing rates, charges, classifications, or services regulated by the Public Service Commission, so as to provide for limitations with respect to approval by such commission of certain rates or charges imposed by certain suppliers of electrical service.
Referred to the Committee on Industry.

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JOURNAL OF THE HOUSE,

HB 1412. By Representative Redding of the 50th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals.
Referred to the Committee on Game, Fish & Parks.

HB 1423. By Representative Thomas of the 31st:
A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to change the penalty for hazing.
Referred to the Committee on Special Judiciary.

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

HB 1325 HB 1326 HB 1327 HB 1328 HB 1329 HB 1330 HB 1331 HB 1332 HB 1333 HB 1334 HB 1335 HB 1336 HB 1337 HB 1338 HB 1339 HB 1340 HB 1341 HB 1342 HB 1343 HB 1344 HB 1345 HB 1346 HB 1347 HB 1348 HB 1351 HB 1352 HB 1353 HB 1354 HB 1355 HB 1356 HB 1357 HB 1358 HB 1359 HB 1360 HB 1361

HB 1362 HB 1363 HB 1364 HB 1365 HB 1366 HB 1367 HB 1374 HB 1375 HB 1376 HB 1377 HB 1378 HB 1379 HB 1380 HB 1381 HB 1382 HB 1383 HB 1384 HB 1385 HB 1386 HB 1387 HB 1388 HB 1389 HB 1390 HB 1391 HB 1392 HB 1393 HB 1394 HB 1395 HB 1397 HR 591 HR 592 HR 631 HR 636 HR 637 HR 638

Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

MONDAY, JANUARY 22, 1990

143

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1367 Do Pass HB 1366 Do Pass, by Substitute HB 671 Do Pass, by Substitute
Respectfully submitted,
Is/ Reaves of the I47th
Chairman

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

Mr. Speaker:

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

HB 1149 Do Pass, by Substitute HB 1204 Do Pass, by Substitute HB 1228 Do Pass

HB 1243 Do Pass, by Substitute HB 1361 Do Pass, as Amended HB 1375 Do Pass

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

Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

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

HB 44 Do Pass HB 156 Do Pass, by Substitute HB 198 Do Pass, by Substitute HB 273 Do Pass, by Substitute HB 436 Do Pass

HB 458 Do Pass HB 623 Do Pass, by Substitute HB 761 Do Pass, by Substitute HB 964 Do Pass, by Substitute

Respectfully submitted,
Is/ Cummings of the 17th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

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JOURNAL OF THE HOUSE,

HR 627 Do Pass

Respectfully submitted,
Is/ Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the S&IDe back to the House with the following recommendations:
HB 9 Do Pass, by Substitute HR 638 Do Pass SR 122 Do Pass
Respectfully submitted,
Is/ Lane of the 27th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 840 Do Pass, by Substitute HB 1290 Do Pass

HB 1292 Do Pass HB 1302 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

By unanimous consent, the following Bill of the House was withdrawn from the Local Calendar and recommitted to the Committee on State Planning and Community Affairs:

HB 1290.

By Representative Oliver of the 121st:
A bill to amend an Act to create a new charter for the City of Reidsville, so as to remove certain limitations regarding the eligibility of the mayor to serve more than two successive terms of office.

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

HB 1292.

By Representatives Hamilton of the 124th, Johnson of the 123rd, Pannell of the 122nd, Mueller of the 126th, Dixon of the 128th and others:
A bill to increase the amount of the homestead exemption from Chatham County ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of Chatham County actually occupied by the owner as a residence and homestead.

MONDAY, JANUARY 22, 1990

145

The report of the Committee, which was favorable to the passage of the 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 AHord Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B Y Barnett,M
YBatee Beck
Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Brooks YBrown Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter YChambless
YChance Y Cheeks

Y Childers
Y Clark,B Y Clark,H
Y Clark,L Coleman Colwell
Y Connell Y Couch Y Crawford Y Crosby YCummings,B Y Cummings,M
Y Davis,C Y Davis,G YDavis,M Y Dixon,H Y Diion,S y Dobbe
Y Dover
YDunn Y Edwards YEhrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee Y Goodwin
YGreen Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

YHarris Hasty
Y Heard Herbert
Y Holcomb Y Holland YHolmes
YHooks Y Howren Y Hudson y Irwin
Y Isakson Y Jackson,J
Y Jackson,W Y Jamieson Y Jenkins Y Johnson YJones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Lawrence Y Lawson YLee Y Linder YLong y Lord Y Lucas Y Lupton y Mangum y Martin
Y McCoy
Y McDonald YMcKelvey

Y McKinney,B
Y McKinney,C
Y Meadows y Milam
Y Mobley Y Moody
Y Morton Y Moultrie
Mueller Y Oliver,C YOliver,M Y Orr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston YPoag
Y Porter Y Poston Y Powell y Randall Y Raneom YRay
YReaves y Redding
Y Richardson Y Ricketeon Y Robinson y Royal y Selman
Y Simpeon Y Sinkfield

Smith,L
Y Smith,P Smith,T
YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephene Y Streat Y Teper
YThomas,C YThomas,M YThompeon YThurmond YTitue Y Tolbert Y Towneend
Twiggs Y Vaughan
Waddle Y Walker,C
Walker,L Y Wall YWare Y Wateon Y Watts
White Wilder Y Williams,B Williams,J Y Yatee YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

By unanimous consent, the following Bill of the House was again taken up for consideration:

HB 840. By Representatives Clark of the 20th, Ehrhart of the 20th, Howren of the 20th and Gresham of the 21st:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to change the provisions regarding the appointment and election of members of the Authority and provide for qualifications and vacancies.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3642), an Act approved March 25, 1980 (Ga. L. 1980, p. 3866), and an Act approved March 2, 1983 (Ga. L. 1983, p. 3563), so as to change the provisions regarding the appointment and election of members of the Authority and provide for qualifications and vacancies; to provide for a larger Downtown Marietta District for projects

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JOURNAL OF THE HOUSE,

for certain tax-exempt organizations; 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 Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 3642), an Act approved March 25, 1980 (Ga. L. 1980, p. 3866), and an Act approved March 2, 1983 (Ga. L. 1983, p. 3563), is amended by striking the fourth sentence of subsection (a) of Section 2 thereof and inserting in its place a new sentence to read as follows:
"The remaining three members of the Authority shall be elected by the owners of business establishments with a licensed place of business located within the Downtown Marietta District.", so that when so amended that subsection shall read as follows:
"(a) The Authority shall be composed of eight members to be appointed and elected as hereinafter provided. One member of the Authority shall be the ex officio Mayor of the City of Marietta and one member of the Authority shall be ex officio Chairman of the Board of Commissioners of Cobb County. Three members of the Authority shall be elected by the owners of the property which is subject to the tax provided for in Section 4 of this Act. The remaining three members of the Authority shall be elected by the owners of business establishments with a licensed place of business located within the Downtown Marietta District. The initial three members of the Authority elected by each group of such owners, as provided above, shall serve for terms of office of one, two and three years, respectively. Thereafter, all terms of office of members of the Authority shall be for three years, except for the Mayor and the Chairman of the Board of Commissioners of Cobb County."
Section 2. Said Act is further amended by striking subsection (b) of Section 2 thereof and inserting in its place a new subsection (b) to read as follows:
"(b) (1) The initial members of the Authority to be elected by the property owners and owners of businesses, as provided above, shall be elected in a caucus of each respective owner group, which caucus shall be held within 60 days after this Act becomes law and at such time and place as the Mayor of the City of Marietta shall designate after due notice thereof shall have been given to the respective owners. Thereafter, there shall be conducted annually a caucus of each owner group at such time and place as the Authority shall designate after having given due notice thereof to the participants for the purpose of electing successors to the initially elected members of the Authority. The due notice requirement in this subsection may be met by giving written notice mailed to the last address shown (1) on the ad valorem tax records of the City of Marietta for the preceding year for owners of property in the Downtown Marietta District and (2) on the business license records of the City of Marietta for the preceding year for owners of businesses in the Downtown Marietta District with a licensed place of business located within the Downtown Marietta District, at least ten days prior to the caucus of the owner group given such notice, together with notice published once a week during the two calendar weeks immediately preceding said caucus in the newspaper in Cobb County in which sheriffs advertisements appear. Fifteen percent of the members of each owner group caucus shall constitute a quorum, and any action may be approved by a majority of those present and voting. The lack of a quorum of one owner group shall not prohibit the other owner group from electing a successor, provided that group has a quorum.
(2) Each property owner shall have one vote regardless of the number of parcels of property owned by such owner, except as otherwise set forth in this subsection. If a parcel of property is owned by more than one person, the vote of the "Owner" of that property shall be the vote of the majority of owners; provided, however, that if one of the owners is voting due to his ownership of another parcel, the vote of the "Owner" of that property shall be the vote of the majority of the remaining owners. If a parcel of property is owned by a partnership or association, the vote of the

MONDAY, JANUARY 22, 1990

147

"Owner" of the property shall be the vote of a majority of the partners or members. A partner or member of an association is the only person empowered to vote for the partnership or association and the partner or member shall not be able to vote for more than one partnership or association. If a parcel of property is owned by a life tenant and remainderman, they shall be considered a partnership for voting purposes. If a parcel of property is owned by a minor or in trust for a minor, the parent, guardian, or trustee shall be empowered to cast the vote for the minor or trust. If a parcel of property is owned by a person who has been adjudicated incompetent, the guardian shall be entitled to cast the vote for said person. If the property is owned by an estate, the vote of the estate shall be exercised by an executor or administrator of the estate. If the property is owned by a corporation, the vote of the corporation shall be exercised by the president or, in his absence, such other officer as may be empowered to vote by the president or the board of directors of the corporation upon proof thereof being submitted to the Authority. Should the name of the individual who is voting not appear on the property owner list furnished by the city, the person conducting the election may require proof of ownership of property within the district by presentation of a copy of the owner's deed and, if the entity is a partnership, association, or corporation, a copy of the partnership agreement or minutes of the meeting designating such person as the voting owner, member, or officer.
(3) The owner of a business establishment with a licensed place of business located within the Downtown Marietta District shall have one vote regardless of the number of places of business located therein. If a business is owned by more than one person, the vote of the "Owner" of that business shall be the vote of the majority of owners. If the business is owned by an association or a partnership, the vote of the "Owner" of that business shall be the vote of the majority of the partners or members of the association. If the business is owned by an estate, the vote of the "Owner" of that business shall be cast by an executor or administrator of the estate. If the business is owned by a corporation, the vote of the "Owner" of that business shall be exercised by its president or such other officer as may be empowered to vote by the corporation's president or board of directors upon proof thereof being submitted to the Authority. If the name of the individual who is voting does not appear on the business owner list provided by the city, the person conducting the election may require that business owner to submit a copy of his, her, or its business license or a receipt from the purchase of the business and, if there is more than one owner, minutes of the meeting designating such person as the voting owner, member, or officer, provided this list shall not authorize a vote for one on said list who does not hold a current valid business license in the Downtown Marietta District.
(4) All votes shall be exercised in person by owners whether individuals, designated voting partners, designated voting members of an association, guardians, trustees, parents of a minor, or officers of a corporation, and no votes by proxy shall be permitted.
(5) To be qualified to be an elected member of the Authority, an individual must be eligible to vote in the owner group by which he is elected. If an elected member of the Authority is no longer an eligible voter in the group which he is elected to represent, such ineligibility shall automatically vacate the position he holds. A special election to fill any vacancy shall be held at the next annual caucus of owners or earlier if a date for the special election is set by a majority of the remaining members of the Authority. Alternatively, any vacancies in office on the Board of the Authority may be filled by vote of the remaining members of the Board at any meeting, such appointed member to serve until the next annual caucus of owners, when the vacancy shall then be filled by a special election held simultaneously with the regular election to fill the unexpired term."
Section 3. Said Act is further amended by striking from the beginning of Section 3A thereof the following:
"For",
and inserting in its place the following:

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"For the purpose of any project to be owned, leased, or occupied by any organization now or hereafter described in Section 501(c)(3) of the Internal Revenue Code of the United States of America, or any comparable section of any subsequent such Code or amendments thereto, or for", and by adding to the end of Section 3A thereof the following:
"; provided, however, any Project owned, leased, or occupied by a 501(c)(3) organization may be required by the Authority as a condition of any financing to pay City of Marietta and Downtown Marietta Development Authority ad valorem taxes on the Project financed or make payments to the City of Marietta and the Downtown Marietta Development Authority in lieu of such taxes in like amount of such taxes if such taxes were levied for the duration of any such financing.", so that when so amended said Section 3A shall read as follows:
"Section 3A. For the purpose of any Project to be owned, leased, or occupied by any organization now or hereafter described in Section 501(c)(3) of the Internal Revenue Code of the United States of America, or any comparable section of any subsequent such Code or amendments thereto, or for the purpose of any Project to be owned, leased or occupied by any governmental agency or agencies for at least 50 percent of its floor space, the Downtown Marietta District shall also include the entire City Limits as now or hereafter constituted, of the City of Marietta, provided this shall not extend the taxing district of the Authority beyond the boundaries set forth in Section 3 of the Act; provided, however, any Project owned, leased, or occupied by a 501(c)(3) organization may be required by the Authority as a condition of any financing to pay City of Marietta and Downtown Marietta Development Authority ad valorem taxes on the Project financed or make payments to the City of Marietta and the Downtown Marietta Development Authority in lieu of such taxes in like amount of such taxes if such taxes were levied for the duration of any such financing."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon
YAtkins Y Bailey
Y Baker Y Balkcom Y Bannister
Barfoot Y Bargeron
Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick
Branch Y Breedlove
Brooks YBrown

Y Buck
Y Buford Y Byrd
Y Campbell Y Carrell Y Carter YCbamblesa Y Cbance Y Cheeks
Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman Colwell Y Connell Y Couch Y Crawford 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
YDunn Y Edwards
YEhrhart Y Felton Y Fennel Y Floyd,J.M YFloyd,J.W Y Footer y Godbee y Goodwin Y Green
Y Greene Gresham
Y Griffm Y Groover Y Hamilton
Y Hanner YHarris
Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren

Y Hudson y Irwin
Y laakaon Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkina Y Johnson YJones Y Kilgore Y Kingston YLane,D Y Lane,R Y Langford
Lawrence Y Lawaon 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 Meadowa YMilam YMobley YMoody Y Morton Y Moultrie
Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell
YParbam Y Parrish Y Patten
Pettit Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay

MONDAY, JANUARY 22, 1990

149

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

Smith,L Y Smith,P
Smith,T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S
Stanley

Y Steele Y Stephens Y Streat Y Teper YThomas,C Y Thomas,M Y Thompson YThurmond Y Titus

Y Tolbert Y Townsend
Twiggs Y Vaughan
Waddle Y Walker,C
Walker,L YWall YWare

Y Watson Y Watts
White
Wilder YWilliams,B
Williams,J Y Yatea Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1302.

By Representatives Isakson of the 21st, Clark 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 provisions relating to the election of mayor and councilmen.

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

Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Batea
Beck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick
Branch Y Breedlove
Brooks Y Brown
Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter YChambless Y Chance
Y Cheeks

Y Childers Y Clark,B
Y Clark,H Y Clark,L
Coleman Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Di:r.on,H Y Di:r.on,S Y Dobbs Y Dover YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Hasty
Y Heard Herbert
Y Holcomb Y Holland Y Holmes YHooks Y Howren
Y Hudson Y Irwin Y Iaakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D
YLane,R Y Langford
Lawrence Y Lawson YLee Y Linder Y Long YLord Y Lucas Y Lupton y Mangum
Y Martin YMcCoy
Y McDonald Y McKelvey

Y McKinney,B
Y McKinney,C Y Meadows
Y Milam Y Mobley Y Moody
Y Morton Y Moultrie
Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves y Redding
Y Ricbardaon Y Ricketson Y Robinson y Royal y Selman
Y Simpson Y Sinkfield

Smith,L Y Smith,P
Smith,T YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M Y Thompson YThurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Waddle Y Walker,C
Walker,L YWall YWare
Y Watson Y Watts
White Wilder Y Williams,B Williams,J Y Yatea 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 following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

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JOURNAL OF THE HOUSE,

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

SB 10. By Senator Kidd of the 25th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal.

SB 28. By Senators Barnes of the 33rd and Kennedy of the 4th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility.

SB 58. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to credit for service rendered by the secretary-treasurer of the board of commissioners of such retirement fund and retirement benefits for said secretary-treasurer.

SB 71. By Senator Timmons of the 11th:
A bill to amend Chapter 10 of Title 47, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relating to the definition of "average annual compensation"; to change the provisions relating to the basis for employer and employee contributions to the fund; to repeal a provision relating to the fee system of compensation and reports in connection therewith.

SB 72. By Senator Timmons of the 11th:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to change the provisions relating to the definition of "average annual compensation"; to provide that members of the retirement system may retain membership while holding certain other positions or offices; to change the provisions relating to retirement and disability benefits.

SB 76. 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 certain judge of the superior court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge.

MONDAY, JANUARY 22, 1990

151

SB 418. By Senator Peevy of the 48th:
A bill to amend Code Section 9-11-55 of the Official Code of Georgia Annotated, relating to default judgment, so as to change certain provisions regarding certain actions in which the plaintiff shall be required to introduce evidence and establish the amount of damages.

SB 419. By Senator Peevy of the 48th:.
A bill to amend Code Section 16-11-60 of the Official Code of Georgia Annotated, relating to definitions regarding wiretapping, so as to provide that a "device" shall not include a pen register or dialed number recorder used by any law enforcement officer in the performance of his official duties.

SB 423. By Senator Peevy of the 48th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that if the results of a blood test indicate that the likelihood of an alleged father's paternity is 95 percent or greater, upon motion of the petitioner, the court shall order the alleged father to pay temporary child support in accordance with the provisions of Code Section 19-6-15; to provide that such child support shall be held pending a final adjudication of the issue of paternity.

SB 433. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to motor vehicle insurance premium reduction upon completion of certain defensive driving courses, so as to provide for additional approved driver improvement clinics which teach defensive driving courses.

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

SB 10. By Senator Kidd of the 25th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal.
Referred to the Committee on Retirement.

SB 28. By Senators Barnes of the 33rd and Kennedy of the 4th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility.
Referred to the Committee on Retirement.

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JOURNAL OF THE HOUSE,

SB 58. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courta Retirement Fund of Georgia, so as to change the provisions relating to credit for service rendered by the secretary-treasurer of the board of commissioners of such retirement fund and retirement benefits for said secretary-treasurer.
Referred to the Committee on Retirement.

SB 71. By Senator Timmons of the 11th:
A bill to amend Chapter 10 of Title 47, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relating to the definition of "average annual compensation"; to change the provisions relating to the basis for employer and employee contributions to the fund; to repeal a provision relating to the fee system of compensation and reports in connection therewith.
Referred to the Committee on Retirement.

SB 72. By Senator Timmons of the 11th:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to change the provisions relating to the definition of "average annual compensation"; to provide that members of the retirement system may retain membership while holding certain other positions or offices; to change the provisions relating to retirement and disability benefits.
Referred to the Committee on Retirement.

SB 76. 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 certain judge of the superior court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge.
Referred to the Committee on Retirement.

SB 418. By Senator Peevy of the 48th:
A bill to amend Code Section 9-11-55 of the Official Code of Georgia Annotated, relating to default judgment, so as to change certain provisions regarding certain actions in which the plaintiff shall be required to introduce evidence and establish the amount of damages.
Referred to the Committee on Judiciary.

SB 419. By Senator Peevy of the 48th:
A bill to amend Code Section 16-11-60 of the Official Code of Georgia Annotated, relating to definitions regarding wiretapping, so as to provide that a "device" shall not include a pen register or dialed number recorder used by any law enforcement officer in the performance of his official duties.
Referred to the Committee on Judiciary.

MONDAY, JANUARY 22, 1990

153

SB 423. By Senator Peevy of the 48th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that if the results of a blood test indicate that the likelihood of an alleged father's paternity is 95 percent or greater, upon motion of the petitioner, the court shall order the alleged father to pay temporary child support in accordance with the provisions of Code Section 19-6-15; to provide that such child support shall be held pending a final adjudication of the issue of paternity.
Referred to the Committee on Judiciary.

SB 433. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to motor vehicle insurance premium reduction upon completion of certain defensive driving courses, so as to provide for additional approved driver improvement clinics which teach defensive driving courses.
Referred to the Committee on Motor Vehicles.

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

HR 627. By Representative Isakson of the 21st:
A resolution inviting Honorable Newt Gingrich to appear before the House of Representatives.

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

HB 1224. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Annotated, providing for the confidentiality of AIDS confidential information, so as to require that certain health care facilities provide AIDS confidential information to public safety agencies to which such health care facilities transfer physical custody of certain HIV infected persons, and authorize such public safety agencies to make certain disclosures to their employees who come in contact with such infected persons.

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

HB 1186.

By Representatives Jackson of the 9th and Barnett of the lOth:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Georgia Motor Vehicle Franchise Practices Act," so as to provide for attorney's fees in certain enforcement actions; to specify what adequate compensation for such services shall be based upon; to require the franchisor to purchase certain items from the franchisee and to compensate the franchisee for certain expenses if a franchise is terminated, cancelled, or not renewed.

The following Committee substitute was read:

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JOURNAL OF THE HOUSE,

A BILL

To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Anno-
tated, relating to the "Georgia Motor Vehicle Franchise Practices Act," so as to provide
for attorney's fees in certain enforcement actions; to specify what adequate compensation
for such services shall be based upon; to require the franchisor to purchase certain items
from the franchisee and to compensate the franchisee for certain expenses if a franchise is terminated, cancelled, or not renewed; to provide definitions; to provide for interest penalty; to make it unlawful for a franchisor to change any provision of a franchise agreement without giving the franchisee certain notice of such change; to authorize the state revenue commissioner by and through the Department of Revenue to hear and resolve allegations of violations of the laws relating to motor vehicle franchises; to provide definitions; to provide for penalties; to provide for appeals and judicial review; to provide for a registration fee; 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. Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Georgia Motor Vehicle Franchise Practices Act," is amended by adding a new Code Section 10-1-628 to read as follows:
"10-1-628. Whenever any person brings an action or complaint to enforce any provision of this article in any court of competent jurisdiction and prevails or substantially prevails in such action or complaint, the court may award the person bringing such action or complaint his reasonable attorney's fees. Such attorney's fees shall be taxed and collected as part of the costs and shall be in addition to any other costs or penalties imposed."

Section 2. Said article is further amended by striking the last sentence of paragraph

(2) of subsection (a) of Code Section 10-1-641, relating to a dealer's predelivery prepara-

tion and warranty service obligations, and inserting in lieu thereof a new last sentence to

read as follows:

"In no event shall the hourly labor rate paid to a dealer for such work and service

be less than the rate charged by such dealer for like work and service to nonwarranty

customers for nonwarranty service and repairs, provided such rate is re886nable is not

unreasonable."

--

Section 3. Said article is further amended by striking subsections (f) and (g) of Code Section 10-1-651, relating to the termination, cancellation, or nonrenewal of a franchise,
which read as follows: "(f) (1) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor pursuant to this Code section, the dealer shall be paid fair and reasonable compensation by the franchisor for the following: (A) Any new and unused current model year motor vehicle inventory which has been acquired from the franchisor so long as the motor vehicle has not been altered, damaged, or materially changed while in the dealer's possession; (B) Any unused, undamaged, and unsold supplies and parts which have been acquired from the franchisor, provided such supplies and parts are currently offered for sale by the franchisor in its current parts catalog and are in salable condition; (C) Any equipment and furnishings purchased from the franchisor or its approved sources within three years of the date of termination, cancellation, or non-
renewal; and (D) Any special tools purchased from the franchisor within three years of the
date of termination, cancellation, or nonrenewal or any special tools which the franchisor required the dealer to purchase. (2) Fair and reasonable compensation for the above shall in no instance be less than the net acquisition price if the items were acquired in the 12 months preceding the effective date of termination, cancellation, or nonrenewal, or the fair market value

MONDAY, JANUARY 22, 1990

155

if the items were acquired more than 12 months preceding the effective date of termination, cancellation, or nonrenewal and shall be paid by the franchisor within 90 days of the effective date of termination, cancellation, or nonrenewal, provided the dealer has clear title to the inventory and other items or is able to convey such title to the franchisor and does convey or transfer title and possession of the inventory and other items to the franchisor. (g) In the event of a termination, cancellation, or nonrenewal by the franchisor pursuant to subsection (c) of this Code section, relating to the performance of the dealer in sales or service, then the franchisor shall pay the dealer a sum equivalent to the rent for the unexpired term of the lease or for one year, whichever is less. If the dealer owns the dealership facilities, the franchisor shall pay the dealer a sum equivalent to the reasonable rental value of the dealership facilities for one year. Each time limit set forth in this subsection may be for a longer term if so provided in the franchise agreement.", and inserting in lieu thereof new subsections (f) and (g) to read as follows: "(f) (1) (A) Upon the termination, cancellation, or nonrenewal of any franchise by
the franchisor, the franchisor shall repurchase from the dealer any new and unused motor vehicles of the current model year and any new and unused motor vehicle acquired by the dealer within 12 months of the date of termination, cancellation, or nonrenewal so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor prior to receipt of the notice of termination, cancellation, or nonrenewal and so long as such motor vehicles have not been altered, damaged, or materially changed while in the dealer's possession. Any new and unused motor vehicle repurchased by the franchisor shall be repurchased
at the net cost to the dealer. For purposes of this subparagraph, a motor vehicle shall be considered new and unused if it has less than 500 miles on the odometer and has not been issued a certificate of title.
(B) In addition to the motor vehicles repurchased under subparagraph (A) of
this paragraph, the franchisor shall repurchase demonstration motor vehicles of the current model year and demonstration motor vehicles acquired by the dealer within 12 months of the date of termination, cancellation, or nonrenewal so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor prior to receipt of the notice of termination, cancellation, or nonrenewal and so long as such motor vehicles have not been altered, damaged, or materially changed and so long as such motor vehicles do not have more than 6,000 miles each on their odometers. Any such demonstration motor vehicle shall be repurchased at the net cost to the dealer less an allowance for use equal to the net cost to the dealer times the current mileage divided by 100,000. The franchisor shall repurchase a number of demonstration motor vehicles equal to 10 percent of the number of motor vehicles repurchased under subparagraph (A) of this paragraph; however, in no event shall the number of demonstration motor vehicles which the franchisor is required to repurchase ever be less than two or more than 15 motor vehicles.
(C) For purposes of this paragraph, a motor vehicle shall not be deemed to have been altered, damaged, or materially changed if it has been provided with original equipment or with nonoriginal equipment which does not alter, damage, or materially change the motor vehicle, such as undercoating, pinstriping, interior conditioning, or paint sealant. (2) Upon the termination, cancellation, or nonrenewal of any franchise by the dealer, the franchisor shall repurchase from the dealer any new and unused motor vehicles, except motorcycles as defined in paragraph (25) of Code Section 40-1-1 and except motor homes as defined in paragraph (27) of Code Section 40-1-1, of the current model year so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor of the same line-make and in the normal course of business and so long as such motor vehicles have not been altered, damaged, or materially changed while in the dealer's possession. Any new and unused motor vehicle repurchased by the franchisor shall be repurchased at the net cost to the dealer. For purposes of this paragraph, a motor vehicle shall be considered new and unused if it has less than 500 miles on the odometer and has not been issued a certificate of title. For purposes of this paragraph, a motor vehicle shall not be deemed to

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have been altered, damaged, or materially changed if it has been provided with original equipment or with nonoriginal equipment which does not alter, damage, or materially change the motor vehicle, such as undercoating, pinstriping, interior conditioning, or paint sealant.
(3) (A) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor or upon the termination, cancellation, or nonrenewal of any franchise by the franchisee, the franchisor shall repurchase, at fair and reasonable compensation, from the dealer the following:
(i) Any unused, undamaged, and unsold parts which have been acquired from the franchisor, provided such parts are currently offered for sale by the franchisor in its current parts catalog and are in salable condition. Such parts shall be repurchased by the franchisor at the current catalog price, less any applicable discount;
(ii) Any supplies, equipment, and furnishings, including manufacturer or linemake signs, purchased from the franchisor or its approved source within three years of the date of termination, cancellation, or nonrenewal; and
(iii) Any special tools purchased from the franchisor within three years of the date of termination, cancellation, or nonrenewal or any special tools or other equipment which the franchisor required the dealer to purchase regardless of the time purchased. (B) Except as provided in division (i) of subparagraph (A) of this paragraph, fair and reasonable compensation shall be the net acquisition price if the item was acquired in the 12 months preceding the effective date of the termination, cancellation, or nonrenewal; 75 percent of the net acquisition price if the item was acquired between 13 and 24 months preceding the effective date of the termination, cancellation, or nonrenewal; 50 percent of the net acquisition price if the item was acquired between 25 and 36 months preceding the effective date of the termination, cancellation, or nonrenewal; 25 percent of the net acquisition price if the item was acquired between 37 and 60 months preceding the effective date of the termination, cancellation, or nonrenewal; or fair market value if the item was acquired more than 60 months preceding the effective date of the termination, cancellation, or nonrenewal. (4) The repurchase of any item under this subsection shall be accomplished within 60 days of the effective date of the termination, cancellation, or nonrenewal or within 60 days of the receipt of the item by the franchisor, whichever is later in time, provided the dealer has clear title to the inventory and other items or is able to convey such title to the franchisor and does convey or transfer title and possession of the inventory and other items to the franchisor. (5) In the event the franchisor does not pay the dealer the amounts due under this subsection or subsection (g) of this Code section within the time period set forth in this subsection, the franchisor shall, in addition to any amounts due, pay the dealer interest on such amount. This interest shall not begin to accrue until the time for payment has expired. The interest shall be computed monthly on any balance due and the monthly interest rate shall be one-twelfth of the sum of the then current Wall Street Journal Prime Interest Rate and 1 percentage point. (g) Within 60 days of the termination, cancellation, or nonrenewal of any franchise by the franchisor, the franchisor shall commence to reimburse the dealer for one year of the dealer's reasonable cost to rent or lease the dealership's facility or location or for the unexpired term of the lease or rental period, whichever is less, or, if the dealer owns the facility or location, for the equivalent of one year of the reasonable rental value of the facilities or location. If more than one franchise is being terminated, cancelled, or not renewed, the reimbursement shall be prorated equally among the different franchisors. However, if a franchise is terminated, cancelled, or not renewed but the dealer continues in business at the same location under a different franchise agreement, the reimbursement required by this subsection shall not be required to be paid. The provisions of this subsection shall not apply if the dealer is convicted of any criminal offense which conviction is cause of the termination, cancellation, or nonrenewal. In addition, any reimbursement due under this subsection shall be reduced by any amount

MONDAY, JANUARY 22, 1990

157

received by the dealer by virtue of the dealer leasing, subleasing, or selling the facilities or location during the year immediately following the termination, cancellation, or nonrenewal. If reimbursement is made under this subsection, the franchisor is entitled to possession and use of the facilities or location for the period covered by such reimbursement."
Section 4. Said article is further amended by striking paragraphs (8) and (9) of subsection (a) of Code Section 10-1-662, relating to unlawful acts of franchisors, and inserting in lieu thereof the following:
"(8) To deny any dealer the right of free association with any other dealer for any lawful purposes; 61'
(9) To engage in any predatory practice or discrimination against any dealer~ i 2!
(10) To propose 2! make ~ material change fu ~ franchise agreement without giving the dealer written notice ~ certified mail Qf such change !!! least 60 days prior !Q the effective date Qf such change."
Section 5. Said article is further amended by adding at the end thereof a new Part 6 to read as fo~lows:
"Part 6
10-1-665. As used in this part, the term: (1) 'Commissioner' means the state revenue commissioner. (2) 'Department' means the Department of Revenue.
10-1-666. As an alternative to and in addition to any civil or criminal enforcement of this article, the state revenue commissioner by and through the Department of Revenue is authorized to enforce the provisions of this article and any order issued pursuant to the enforcement of this article.
10-1-667. Any dealer, distributor, or manufacturer who is aggrieved by a violation of any provision of this article may file a petition with the Department of Revenue setting forth the facts supporting the allegation of such violation. The commissione.r may issue an administrative order or levy an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after notice to all parties and after a hearing, determines that a violation of this article or any order issued under this article has occurred. The notice and the hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any party who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' All fines recovered under this Code section shall be paid into the state treasury. The commissioner or the prevailing party may file, in the superior court in the county wherein the party under order resides or, if such party is a corporation, in the county wherein the corporation maintains its established place of business, or in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available under the laws of this state.
10-1-668. (a) In addition to the licensing fee set forth in Code Section 40-2-36, each dealer shall register annually with the department and shall pay an annual registration fee of $25.00. The fee shall be paid on or before January 1 of the registration year and shall be paid with and accompanied by such forms as the commissioner shall prescribe.
(b) It is the intent of the General Assembly of Georgia that an amount equal to the amount collected by the registration fee provided for in this Code section be appropriated to the department to fund the provisions of this part. If the funds appropriated

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to the department to fund the provisions of this part exceed the actual cost to the department to enforce this part, then the excess funds so appropriated shall lapse. However, if the fees collected under subsection (a) of this Code section do not equal the actual cost to the department to enforce the provisions of this part, then the commissioner may raise the registration fee to an amount which will ensure that the cost to the state to enforce this part is received."
Section 6. Sections 1, 2, 3, and 4 of this Act shall be applicable only to franchise agreements made, entered into, renewed, continued, extended, amended, or modified after May 1, 1990.
Section 7. This Act shall become effective May 1, 1990.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Jackson of the 9th and Ray of the 98th move to amend the Committee substitute to HB 1186 by striking from line 16 of page 1 the following:
"penalties", and inserting in lieu thereof the following:
"orders". By striking the comma from line 10 of page 6 and inserting in lieu thereof the following: "and except school buses as defined in paragraph (50) of Code Section 40-1-1,". By striking from line 30 of page 10 the following: "may", and inserting in lieu thereof the following: "shall". By striking from lines 31 and 32 of page 10 the following: "or levy an administrative fine not to exceed $1,000.00 for each violation". By striking from lines 13 through 15 of page 11 the following: "All fines recovered under this Code section shall be paid into the state treasury.". By inserting after the word "business" on line 19 of page 11 the following: "or its agent for service of process is located". By striking from line 28 of page 11 the following: "penalty", and inserting in lieu thereof the following: "remedy".

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.

MONDAY, JANUARY 22, 1990

159

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 Allen Y Athon Y Atkins
Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Cbsmbless Y Chance Y Cheeks

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

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

McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Y Oliver,C
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 Randall Y Ransom y Ray
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Waddle Walker,C Walker,L
Y Wall Y Ware Y Watson Y Watts
White 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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1154. By Representative Allen of the 127th:
A bill to amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in or derived from a violation of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the entry of judgment by default where no defense is filed.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in or derived from a violation of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the entry of judgment by default where no defense is filed; to repeal conflicting laws; and for other purposes.

160

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in or derived from a violation of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by striking subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) If no defense is filed within 30 days after the filHtg service 2f I! ~ of the action Q! the last publication required under subsection ill 2f this Code section, judg-
ment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by 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 Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Y Couch 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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
YHooks 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
Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton
Y Moultrie 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 Randall
Y Ransom YRay
Y Reaves Y Redding
Y Richardson Y Ricketson
Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield

Smitb,L Y Smith,P Y Smith,T Y Smitb,W Y Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C Y Tbomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Waddle Walker,C Walker,L
YWall YWare 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 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1215.

By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to provide that process may be served by any citizen of the United States who is not a party and is not younger than 18 years of age and who has been specially appointed by the court as a process server.

MONDAY, JANUARY 22, 1990

161

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to provide that process may be served by any citizen of the United States who is not a party and is not younger than 18 years of age and who has been specially appointed by the court as a process server; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Summons - By whom served. Process shall be served by the sheriff of the county where the action is brought or where the defendant is found, or by his deputy, or by the marshal or sheriff of the court, or by his deputy, or by any citizen of the
United States who ~ not !! .[>!!!!y and ~ not younger than 18 years <>f ~ and who has
been specially appointed by the court for that purpose 2! ~ !! process server. Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service."
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 Allen Y Athon Y Atkins Y Bailey
Baker Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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,J.M Y Floyd,J.W 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 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 YMilam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Y Oliver,C Y Oiiver,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 Randall Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson y Royal
Selman
Y Simpson Y Sinkfield Y Smith,L
Y Smith,P Y Smith,T Y Smith,W Y Smyre Y Snow

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JOURNAL OF THE HOUSE,

Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat

Y Teper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus

Y Tolbert Y Townsend Y Twiggs Y Vaughan
Waddle Walker,C

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, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1152.

By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, concerning the landlord and tenant relationship in general, so as to limit the liability of military personnel for rent under residential leases of property in cases of permanent change of station orders or temporary duty orders for a period in excess of three months.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, concerning the landlord and tenant relationship in general, so as to limit the liability of military personnel for rent under residential leases of property in cases of permanent change of station orders or temporary duty orders for a period in excess of three months; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, concerning the landlord and tenant relationship in general, is amended by adding following Code Section 44-7-36 a new Code Section 44-7-37 to read as follows:
"44-7-37. Notwithstanding any other provision of this chapter, if a person is on active duty with the United States military and enters into a residential lease of property for occupancy by that person or that person's immediate family and subsequently receives permanent change of station orders or temporary duty orders for a period in excess of three months, any liability of the person for rent under the lease may not exceed:
(1) Thirty days' rent after the effective date of the change provided written notice and proof of the assignment is given to the landlord 30 days prior to the effective date of the change, unless the effective date shall be less than 30 days in which event reasonable notice shall be given to the landlord; and
(2) The cost of repairing damage to the premises caused by an act or omission of the tenant."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all leases of residential property entered into 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.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

MONDAY, JANUARY 22, 1990

163

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S
Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
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 Morton Y Moultrie
Mueller Y Oliver,C Y Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal
Selman
Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat
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
White Y Wilder Y Williarns,B
Williarns,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.

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; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IX, Paragraph IV of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows:
"(e) (1) If a general appropriations Act is not in force and effect at the commencement of a fiscal year, there are hereby appropriated for the continued operation of government the mandatory appropriations required by this Constitution and funds for personal services and other ordinary expenses of the various departments and agencies. The appropriations for ordinary expenses shall be in amounts equal to the amounts appropriated for such purposes in the most recent fiscal year for which there has been a general appropriations Act, unless there is an estimate of surplus and receipts pursuant to subparagraph (b) of this Paragraph which is less than the .amount

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of state funds appropriated in such prior year. In that case, the amounts appropriated by this subparagraph for ordinary expenses shall be prorated accordingly.
(2) Prior to the end of such fiscal year, the General Assembly may enact a general appropriations Act in lieu of the appropriations made by this subparagraph.
(3) No appropriation for capital expenditure or authorization of new debt is made under this subparagraph.
(4) The appropriations made by this subparagraph shall be subject to general law in regard to appropriations generally. However, no law shall provide for appropriations except as required, made, or authorized by this Constitution or defeat the intent of this subparagraph to continue the ordinary operation of government under the circumstances."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( YES Shall the Constitution be amended so as to provide for the automatic appropriation of certain funds in the event a general
NO appropriations Act is not in force and effect at the commencement of a fiscal year?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following Committee substitute was read:

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; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IX, Paragraph IV of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows:
"(e) (1) If a general appropriations Act is not in force and effect at the commencement of a fiscal year, there are hereby appropriated for the continued operation of government the mandatory appropriations required by this Constitution and funds for personal services and other ordinary expenses of the various departments and agencies. The appropriations for ordinary expenses shall be in amounts equal to the amounts appropriated for such purposes in the most recent fiscal year for which there has been a general appropriations Act, unless there is an estimate of surplus and receipts pursuant to subparagraph (b) of this Paragraph which is less than the amount of state funds appropriated in such prior year. In that case, the amounts appropriated by this subparagraph for ordinary expenses shall be prorated accordingly.
(2) Prior to the end of such fiscal year at a regular or special session, the General Assembly may enact a general appropriations Act in lieu of the appropriations made by this subparagraph or may amend any appropriation resulting from this subpara' graph.
(3) No appropriation for capital expenditure or authorization of new debt is made under this subparagraph.
(4) The appropriations made by this subparagraph shall be subject to general law in regard to appropriations generally. However, no law shall provide for appropriations

MONDAY, JANUARY 22, 1990

165

except as required, made, or authorized by this Constitution or defeat the intent of this subparagraph to continue the ordinary operation of government under the circumstances."

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

"( YES ) NO

Shall the Constitution be amended so as to provide for 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?"

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

The following amendment was read:
Representative Isakson of the 21st moves to amend the Committee substitute to HR 465 by striking from line 27 of page 1 the following:
"prorated accordingly.", and inserting in lieu thereof the following:
"adjusted by the Governor."

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

N Aaron N Abernathy N Adams Y Aiken N Alford NAllen
Athon Y Atkins N Bailey N Baker N Balkcom
Y Bannister Barfoot
Bargeron N Barnett,B Y Barnett,M Y Bates N Beck N Benefield
Benn N Birdsong N Bishop N Bostick N Branch Y Breedlove N Brooks
N Brown N Buck N Buford N Byrd Y Campbell N Carrell

N Carter N Chambless
N Chance N Cheeks N Childers N Clark,B Y Clark,H
Clark,L N Coleman N Colwell N Connell N Couch N Crawford N Crosby
N Cummings,B
N Cummings,M Y Davis,C N Davis,G Y Davis,M N Dixon,H N Dixon,S
N Dobbs N Dover N Dunn N Edwards Y Ehrhart Y Felton N Fennel N Floyd,J.M N Floyd,J.W N Foster N Godbee

Y Goodwin
N Green
N Greene Y Gresham N Griffin N Groover N Hamilton N Hanner
N Harris N Hasty Y Heard
Herbert N Holcomb N Holland N Holmes N Hooks Y Howren N Hudson N Irwin Y Isakson N Jackson,J N Jackson,W Y Jamieson N Jenkins
Johnson Y Jones N Kilgore Y Kingston N Lane,D N Lane,R N Langford Y Lawrence

N Lawson N Lee
Y Linder N Long N Lord
N Lucas Y Lupton N Mangum
N Martin N McCoy N McDonald N McKelvey N McKinney,B N McKinney,C
N Meadows NMilam N Mobley N Moody Y Morton N Moultrie Y Mueller N Oliver,C N Oliver,M N Orr N Orrock N Padgett
N Pannell N Parham N Parrish N Patten N Pettit N Pinkston

N Poag N Porter N Poston N Powell N Randall Y Ransom NRay
N Reaves N Redding N Richardson N Ricketaon
N Robinson N Royal N Selman N Simpson N Sinkfield N Smith,L N Smith,P N Smith,T Y Smith,W N Smyre
N Snow N Stancil,F Y Stancil,S N Stanley
Y Steele N Stephens N Streat N Teper NThomas,C
Thomas,M N Thompson

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JOURNAL OF THE HOUSE,

N Thurmond Y Titus Y Tolbert Y Townsend

N Twiggs Y Vaughan Y Waddle N Walker,C

N Walker,L YWall N Ware N Watson

N Watts N White Y Wilder Y Williams,B

On the adoption of the amendment, the ayes were 38, nays 132. The amendment was lost.

Williams,J Y Yates N Yeargin
Murphy,Spkr

The Committee substitute was adopted.

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 N Aiken N Alford Y Allen N Athon N Atkins Y Bailey Y Baker Y Balkcom N Bannister
Y Barfoot Bargeron
Y Barnett,B
N Barnett,M N Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd N Campbell Y Carrell Y Carter Y Chambless Y Chance N Cheeks

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

Y Harris Y Hasty N Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson
Y Irwin N Isakson Y Jackson,J N 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 Y Lee N Linder Y Long Y Lord Y Lucas N Lupton N Mangum Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody N Morton Y Moultrie N Mueller Y Oliver,C
Y Oliver,M Y Orr Y Orrock Y Padgett N Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston N Powell 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 N Smith,W Y Smyre Y Snow Y Stancil,F N Stancil,S N Stanley N Steele Y Stephens Y Streat Y Teper YThomas,C Y Thomas,M
Y Thompson Y Thurmond N Titus N Tolbert N Townsend Y Twiggs
N Vaughan N Waddle Y Walker,C Y Walker,L YWall Y Ware Y Watson Y Watts Y White N Wilder NWilliams,B
Williams,J N Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 128, nays 47.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

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 561 through 811, who have registered in the Docket of Legislative Appearance as of January 12, 1990, 3:00 p.m.

MONDAY, JANUARY 22, 1990

167

in accordance with Georgia Law 1970, p. 695 as the same appears of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 12th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteen.

(SEAL)

/s/ Max Cleland Secretary of State

561. Rick Heartsill Chambers Development Co. 2839 West Paces Ferry Road Atlanta, Georgia 30339

571. Fred Sackett Citizens for a Safer Georgia Rt. 1, Box 243A Butler, Georgia 31006

562. Paul A. Fergus Citizen 4351 Georgetown Tr. Dunwoody, Georgia 30338

572. Carla Gibson Citizens for a Safer Georgia P. 0. Box 390, Hwy. 19 Zebulon, Georgia 30295

563. Mark A. Woodall Citizens for a Safer Georgia P. 0. Box 123 Woodland, Georgia 31836

573. Ben H. Parkam Citizens for a Safer Georgia Talbot County, Rt. 2, Box 103 Talbotton, Georgia 31827

564. Marie J. McGiaun Citizens for a Safer Georgia Box 238 Butler, Georgia 31006
565. Sharon White Citizens for a Safer Georgia 114 Valley Drive Griffin, Georgia 30223
566. Louis Governo Citizens for a Safer Georgia Route 1, Box 273 Williamson, Georgia 30292
567. John R. McCall Citizens for a Safer Georgia Box 1408 Butler, Georgia 31006
568. Teresa L. Jacob Citizens for a Safer Georgia P. 0. Box 1607 Griffin, Georgia 30224
569. Brenda Easterwood Poston Citizens for a Safer Georgia P. 0. Box 129, Cook Road Zebulon, Georgia 30295
570. Bill H. Poston Citizens for a Safer Georgia P. 0. Box 129, Cook Road Zebulon, Georgia 30295

574. Leslie Kennedy Citizens for a Safer Georgia 389 Woodward Way Atlanta, Georgia 30305
575. D. F. Dunning Georgians for Clean Water Innovations Plastic Products EVCO Plastics, Inc. Georgians for a Lottery Referendum, Inc. 100 Evco Drive Calhoun, Georgia 30730
576. Lawana Steen Citizen Rt. 1, Box 1280 Gordon, Georgia 31031
577. Shirley Anderson Citizen 4001 Hwy. 41, Lot 34 Byron, Georgia 31008
578. Teri King Citizen 420 S. Jefferson Street Milledgeville, Georgia 31061
579. R. H. Williams Jefferson Smurfit Corp. Container Corp. of America P. 0. Box 150 Jacksonville, Florida 32201

168

JOURNAL OF THE HOUSE,

580. Patricia J. Marsh Georgia National Organization of Women Citizen 2045 Howard Circle Atlanta, Georgia 30307
581. Penn Payne National Organization for Women Georgia Abortion Rights Action League 510 Grant Bldg., 44 Broad St. Atlanta, Georgia 30303
582. Suzanne Lauer Georgia National Organization for Women National Foundation for Ileitis & Colitis, Atlanta Chapter P. 0. Box 54045 Civic Center Station Atlanta, Georgia 30308
583. Cindy Cresap North East Georgians for Choice 826 Sherwood Road Gainesville, Georgia 30501
584. Leigh Bielenberg Georgia Abortion Rights Action League 235 E. Ponce De Leon Ave. Suite 303 Decatur, Georgia 30030
585. Nancy H. Levine National Council of Jewish Women Family/Medical Leave Coalition 791 Miami Circle N.E. Atlanta, Georgia 30324
586. Betty J. Grant Georgia National Organization for Women 2698 Foster Ridge Road Atlanta, Georgia 30345
587. Robin Sica National Organization of Women 2062 North Decatur Road Decatur, Georgia 30030
588. Hilary L. Chiz American Civil Liberties Union of Georgia 233 Mitchell Street, S.W. Suite 200 Atlanta, Georgia 30303

589. Lynne Randall Georgians for Choice Feminist Women's Health Center 580 14th Street, N.W. Atlanta, Georgia 30318
590. Aubrey T. Villines, Jr. Georgia Chiropractic Assn. Chiropractic Political Action Committee Georgia Trial Lawyers Assn. Law Political Action Committee Georgia Assn. for Marriage and Family Therapy Georgia Chapter of National Assn. of Social Workers Georgia Personnel and Guidance Association Private Rehabilitation Suppliers of Georgia Georgia Vocational Evaluation and Work Adjustment Assn. suite 520, South Tower One CNN Center Atlanta, Georgia 30303-2705
591. Julian Hester Community Bankers Assn. of Georgia 300 Northcreek, Suite 850 3715 Northside Pkwy. N.W. Atlanta, Georgia 30327
592. Frances B. Parham League of Women Voters of Georgia, Inc. 100 Edgewood Avenue, #1010 Atlanta, Georgia 30303
593. Joseph A. Sports Car/Truck Rental & Leasing Association Searle TRW, Inc. Georgians for Responsible Medicine Interactive Learning Systems Joseph E. Seagram & Sons The Nutrasweet Company Pearle Health Services National Vehicle Leasing Association Smokeless Tobacco Council AFF Chemical Div., Inc. Assn. of Physical Fitness Centers Monsanto Company United Consumers Club JSA Inc. 21 Finch Trail Atlanta, Georgia 30308

MONDAY, JANUARY 22, 1990

169

594. Berdie R. Hardon Georgia Housing Coalition 250 Georgia Avenue, #363 Atlanta, Georgia 30312
595. Sheila Mallon Citizen Georgians for Common Sense About Abortion P. 0. Box 421725 Norcross, Georgia 30092
596. C. Pidge Haynes Citizen Georgia Right to Life 488 Martin Road Stone Mountain, Ga. 30088
597. Brenda H. Lunsford Citizen Georgia Right to Life 2844 Talisman Court Atlanta, Georgia 30345
598. Steve Weathers Citizen 5275 Light Circle Norcross, Georgia 30071-4139
599. Connie L. Buckles Citizen Georgia Right to Life 5734 Fulton Circle Norcross, Georgia 30093
600. D. Keith Worsham Citizen Georgia Right to Life 3464 Broxton Lane Lithonia, Georgia 30058
601. Talitha (Lee) Worsham Citizen Georgia Right to Life 3464 Broxton Lane Lithonia, Georgia 30058
602. John T. Haynes Citizen Georgia Right to Life Mt. Vernon Baptist Church 805 Mt. Vernon Hwy. N.E. Atlanta, Georgia 30088
603. William G. Sanders Georgia Assn. of Broadcasters 500 Sugar Mill Road, #240 A Atlanta, Georgia 30350

604. John Furman Georgia Assn. of Broadcasters 1400 Lake Hearn Drive Atlanta, Georgia 30319
605. Patti Lockhart Citizen Georgia Right to Life 18 Deer Run Drive White, Georgia 30184
606. Betty Schulte Georgia Right to Life Common Sense Citizen's Concern 2644 Lake Road Tucker, Georgia 30084
607. Mrs. Jo Wood Citizen Georgia Right to Life Common Sense 3635 Winbrook Lane Tucker, Georgia 30084
608. C. John Roe American Assn. of Retired People 895 Cedar Canyon Square Marietta, Georgia 30067
609. Lithangia S. Robinson Georgia Retired Teachers Association American Association of Retired Persons (AARP) 2880 Valley Heart Drive, N.W. Atlanta, Georgia 30318
610. Robert Casey Cravens Democratic Party of Georgia 1100 Spring Street Atlanta, Georgia 30367
611. Ave Bransford Georgia Dietetic Association 6100 Lake Forrest Drive Suite 210 Atlanta, Georgia 30328
612. T. Clack Tucker American Assn. of Retired Persons 496 Chateaugay Lane, N.E. Atlanta, Georgia 30342
613. Charles Newell Carter, Jr. Democratic Party of Georgia 1100 Spring Street Atlanta, Georgia 30367

170

JOURNAL OF THE HOUSE,

614. Cecil S. Nash American Assn. of Retired Persons (AARP) 2149 New London Place Snellville, Georgia 30278
615. Todd Mitchell Krohn Metropolitan Atlanta Crime Commission 100 Edgewood Ave., N.E. Room 128 Atlanta, Georgia 30303
616. Roy Hanson Metropolitan Atlanta Crime Commission 100 Edgewood Ave., Room 128 Atlanta, Georgia 30303
617. David Tidmore Georgia County Welfare Association P. 0. Box 732 Summerville, Georgia 30747
618. Michelle E. Rowe Citizen 2126 Rainbow Drive Decatur, Georgia 30034
619. Gil C. Robison Aid Atlanta Georgia AIDS Coalition American Civil Liberties Union of Georgia Georgia Assn. of Physicians for Human Rights Greater Atlanta Political Awareness Coalition National Assn. of People with AIDS Georgia AIDS Action Council P. 0. Box 7032 Atlanta, Georgia 30357
620. Jimmy Fleming Vulcan Materials Company P. 0. Box 80730 Atlanta, Georgia 30366
621. Thelma C. Snider League of Women Voters-Ga. League of Women Voters DeKalb County 1573 S. Indian Cr. Dr. Stone Mountain, Ga. 30083
622. Ray Jones MCI Telecommunications Corp. 400 Perimeter Center Terr. NE Suite 400 Atlanta, Georgia 30346

623. Fatima Durrani Georgia League of Women Voters 5185 Rockborough Tr. Norcross, Georgia 30071
624. Sara S. Clark Georgia League of Women Voters 230 Dapplegate Way Alpharetta, Georgia 30201
625. D. C. "Landy" Thompson United Distributors, Inc. Unistan, Inc. P. 0. Box 1077 Macon, Georgia 31202
626. Hugh Esco Georgia Environmental Project 3RCS Campaign 429 Moreland Ave., N.E. Atlanta, Georgia 30307
627. Kathy Kuzava Georgia Grocers Assn. 3200 Highlands Pkwy., Ste 210 Smyrna, Georgia 30082
628. Suzanne Williams Home Builders Association of Georgia 1005 Virginia Ave., Ste 207 Atlanta, Georgia 30354
629. Edmund C. Martin Georgia School Food Service Association Georgia Assn. of School Superintendents RFD 2, Box 242 Gainesville, Georgia 30506
630. James Welsh Fulton Co. Board of Education 786 Cleveland Avenue Atlanta, Georgia 30315
631. Henry G. lrby "Go Ye" for Christ Ministries Cable News Magazine P. 0. Box 206 Sharpsburg, Georgia 30277
632. Jerry Hill Amoco Corporation 6 Executive Park Atlanta, Georgia 30329

MONDAY, JANUARY 22, 1990

171

633. Robert L. Lowe, Jr. The Hundred Club of Georgia, Inc. Georgia Assn. of Professional Bondsmen 1134 Morningside Place, N.E. Atlanta, Georgia 30306
634. Lonnie Sundermeyer League of Women Voters - Ga. 3372 Comnemara Trace Lawrenceville, Ga. 30244
635. Lula M. Gilliam Community Justice Resource Center P. 0. Box 91715 Atlanta, Georgia 30364
636. Rita Jackson Samuels Georgia Coalition of Black Women, Inc. Atlanta Housing Authority 136 Marietta St., N.W. Atlanta, Georgia 30308
637. Lawrence H. Mink City of Macon Macon City Hall Macon, Georgia 31298
638. Joe Sheehan Southern Natural Gas Son at Georgia Association of Telemessaging 1640 Powers Ferry Road Marietta, Georgia 30067
639. R. Mark Holloway Greater Macon Chamber of Commerce 305 Coliseum Drive Macon, Georgia 31298
640. Charlotte Roy Georgia Assn. of Educators 3951 Snapfinger Pkwy. Decatur, Georgia 30035
641. Robert S. Cribbs Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
642. Michael E. Kramer Georgia Assn. of Educators 3951 Snapfinger Pkwy. Decatur, Georgia 30035

643. Fred Phillip Metros Georgia Sport Shooting Assn. Citizen 1050 Greendale Lane Jonesboro, Georgia 30236
644. John M. Dobrenic Georgia Assn. of Educators P. 0. Box 2376 St. Simons Island, Ga. 31522
645. Andrew Henry Griffin, Jr. Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
646. Luvenia Jackson Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
647. J. David Porter Young Democrates of Georgia Young Democrates of America 511 Susan Creek Drive Stone Mountain, Ga. 30083
648. Priscilla E. Daves Medical Assn. of Georgia 938 Peachtree Street, N.E. Atlanta, Georgia 30309
649. Cynthia L. Haney Medical Assn. of Georgia Georgia Health Network MAG Mutual Insurance Co. 938 Peachtree St., N.E. Atlanta, Georgia 30309
650. John A. Blackmon Callaway Gardens Farley Industries and Affiliates Citicorp and Its Affiliates Georgia Hospitality and Travel Assn. Atlanta Convention and Visitors Bureau Georgia Automobile Dealers Association 2400 First Atlanta Tower Atlanta, Georgia 30383
651. Vicki McLennan Public Assistance Coalition 201 Washington Street Atlanta, Georgia 30303
652. Earl Shinhoster NAACP 970 Martin Luther King, Jr. Drive Atlanta, Georgia. 30314

172

JOURNAL OF THE HOUSE,

653. Duvall D. Brimer The Atlanta Coca-Cola Bottling Co. 100 Galleria Parkway N.W. Atlanta, Georgia 30339
654. Bob Short Federation of Georgia Hospitals Hospital Corp. of America Bob Short and Associates Coliseulm Medical Center Doctors' Hospital Tucker Fairview Park Hospital Hughston Sports Medicine Hospital HCA Palmyra Medical Centers Parkway Medical Center Redmond Park Hospital West Paces Ferry Hospital Doctors' Hospital Columbus Lanier Park Hospital Worth Community Hospital Emanuel County Hospital Habersham County Medical Center Higgins General Hospital Memorial Medical Center Peach County Hospital Tanner Medical Center Upson County Hospital Wayne Memorial Hospital Georgia Dental Assn. Diversified Readers Services Ga. Professional Numismatic and Precious Metals Assn. Medex, Inc. 1456 Stratfield Circle Atlanta, Georgia 30319

655. Gene Miller Federation of Ga. Hospitals Hospital Corp. of America Bob Short and Associates Coliseulm Medical Centers Doctors' Hospital Tucker Fairview Park Hospital Hughston Sports Medicine Hospital HCA Palmyra Medical Centers Parkway Medical Center Redmond Park Hospital West Paces Ferry Hospital Doctors' Hospital Columbus Lanier Park Hospital Worth Community Hospital Emanuel County Hospital Habersham County Medical Center Higgins General Hospital Memorial Medical Center Peach County Hospital Tanner Medical Center Upson County Hospital Wayne Memorial Hospital Georgia Dental Assn. Diversified Readers Services Ga. Professional Numismatic and Precious Metals Assn. Medex, Inc. 1456 Stratfield Circle Atlanta, Georgia 30319
656. Lloyd Chapman Interstate Paper Corp. 1 Interstate Road Riceboro, Georgia 31323
657. Bill Verner Georgia Electric Membership Corporation 151 Ellis Street, Suite 422 Atlanta, Georgia 30303
658. Gwenda R. Bell Georgia Assn. of Educators Citizen 113 Central High Road Carrollton, Georgia 30117
659. LeeR. Sims Catoosa County Schools Citizen P. 0. Box 130 Ringgold, Georgia 30736
660. Kyle Smith Catoosa County Schools Citizen P. 0. Box 130 Ringgold, Georgia 30736

MONDAY, JANUARY 22, 1990

173

661. Edward R. Vickrey Catoosa County Schools P. 0. Box 130 Ringgold, Georgia 30736
662. Anne B. Graham Clearinghouse on Georgia Prisons and Jails School-Age Child Care Council Visiting Nurses Association Georgia Council on Child Abuse Planned Parethood of the Atlanta Area Georgia Assn. of School Psychologists School Social Workers Assn. of Georgia Girl Scout Council of Georgia Suite 200 1340 Spring St., N.W. Atlanta, Georgia 30309
663. Claudia B. Ward Ringgold Telephone Company P. 0. Box 869 Ringgold, Georgia 30736
664. Donna McLarin Georgia Electric Membership Corporation 151 Ellis Street, Suite 422 Atlanta, Georgia 30303
665. Hinson McAuliffe Georgia Council on Moral
and Civic Concerns, Inc. Georgia Baptist Convention 55 Silverwood Road, N.E. Atlanta, Georgia 30342
666. Dr. Clyde F. Maxwell Professional Association of Georgia Educators Route 2, Comer Road Lexington, Georgia 30648
667. Alice Holmes Washington Citizen 1848 Callaway Drive, N.W. Atlanta, Georgia 30314
668. Cheatham E. Hodges, Jr. Georgia Catholic Conference Assn. of Private College's & Universities in Georgia The Hodges Corporation and Its Clients Consultant to General Counsel The Prudential Insurance Co. of America 3200 Deans Bridge Road Augusta, Georgia 30906

669. Deborah L. Sheppard Campaign for a Prosperous Georgia 1083 Austin Avenue Atlanta, Georgia 30307
670. William F. Morie Georgia Automobile Dealers Association 4000 Cumberland Parkway Atlanta, Georgia 30339
671. Louise R. Watley City-Wide Advisory Council on Public Housing, Inc. Atlanta Housing Authority Carver Work Cooperation 9 Gammon Avenue S.E. Atlanta, Georgia 30315
672. William M. Bates Georgia Warehouse Assn. Bates Associates Morehouse School of Medicine Grady Memorial Hospital Dehart and Darr 161 Spring Street, N.W. Suite 810 Atlanta, Georgia 30303
673. Holly Hardin Georgia Warehouse Assn. Grady Hospital Dehart and Darr Morehouse School of Medicine Bates Associates 161 Spring Street, Suite 812 Atlanta, Georgia 30303
674. Dennis S. Losin First American Bank of Georgia, N.A. 230 Peachtree St., N.W. Suite 210 Atlanta, Georgia 30303
675. Darryl G. Gray Grassroots Communications Southern Christian Leadership Conference 249 Fielding Lane Atlanta, Georgia 30311
676. John H. Smallwood Georgia Nationwide Insurance Independent Contractors Assn. Agents Action Committee, Inc. 3746 Chamblee Tucker Road Atlanta, Georgia 30341

174

JOURNAL OF THE HOUSE,

677. Keyna Dyar Cory Southern Lobbying Services Attwoods, Inc. Medx, Inc. Vesta Technology Industrial Waste Service National Tire Resources Alamo Car Rental, Inc. 120 East Jefferson Street Tallahassee, Florida 32301
678. Donna 0. Kemp Muscogee Assn. of Educators Georgia Assn. of Educators Wynnton Building, Suite 305 2210 Wynnton Road Columbus, Georgia 31906
679. Lynne A. Randall Georgians for Choice 580 14th Street, N.W. Atlanta, Georgia 30318
680. Daniel L. Drummond Teamsters Local 928 2540 Lakewood Avenue Atlanta, Georgia 30315
681. William D. Padgett Trust Company of Georgia Suntrust Banks, Inc. P. 0. Box 4418 Atlanta, Georgia 30302
682. Lita Sue Menkin Clients of Senior Citizens Advocacy Project P. 0. Box 2034 Atlanta, Georgia 30301
683. W. A. Binns Union Camp Corp. P. 0. Box 570 Savannah, Georgia 31402
684. Gayle E. Miller Sierra Club 726 Sycamore Street Decatur, Georgia 30030
685. W. J. Bryan Ball, Jr. First Union National Bank of Georgia Senior Vice President First Union National Bank of Georgia P. 0. Box 1700 Atlanta, Georgia 30303

686. Carl Mason International Assn. of Machinists & Aerospace Workers, Local 709 932 Clay Street Malittia, Georgia 30331
687. Deana Womack International Assn. of Machinists & Aerospace Workers, Local 709 932 Clay Street Marietta, Georgia 30060
688. George Bulloch IAMAW LL 709 932 Clay Street Marietta, Georgia 30060
689. Brenda DiCristina Atlanta Junior League 17 Heards Overlook Court Atlanta, Georgia 30328
690. Zee Bradford First Class, Inc. 1422 W. Peachtree Street,NW Suite 300 Atlanta, Georgia 30309
691. John Callaway Federal Military Retiree Coalition 1727 Toleson Court Dunwoody, Georgia 30338
692. Joyce Kinnard Georgia Consumer Center 133 Carnegie Way, Ste 333 Atlanta, Georgia 30303
693. Joni Alpert Georgia Consumer Center 133 Carnegie Way N.W. Atlanta, Georgia 30303
694. Charles M. Searcy Georgia Trial Lawyers Assn. 41 Marietta Street, Suite 714 Atlanta, Georgia 30303
695. Joe H. McKenzie, Jr. Engelhard Corp. P. 0. Box 37 Gordon, Georgia 31031
696. Joseph John Rogers Procter & Gamble Mfg. Co. P. 0. Box 1496 Augusta, Georgia 30903
697. Deborah Schechter Georgia Consumer Center 155 Marsh Glen Point Atlanta, Georgia 30328

MONDAY, JANUARY 22, 1990

175

698. Cynthia Porter Brown Junior League of Atlanta 400 King Road Atlanta, Georgia 30342
699. Tim Ryles Communications Workers of America 3516 Covington Hwy. Decatur, Georgia 30032
700. Sally Bethea Junior League of Atlanta 31 Lafayette Drive Atlanta, Georgia 30309
701. Jane Weest Plumbers and Pipefitters Local Union 72 373 Maynard Terrace Atlanta, Georgia 30001
702. Frances D. Todd Georgia PTA 114 Baker Street N.E. Atlanta, Georgia 30308
703. J.D. Dennis Cobb Chamber of Commerce Civil Air Patrol, Ga. Wing P. 0. Box Cobb Marietta, Georgia 30067
704. Suzanne Ernst League of Women Voters of Georgia 3391 Kennington Court Atlanta, Georgia 30319
705. Carolyn Brown Community Bankers Assn. of Georgia 3715 Northside Pkwy., N.W. 300 Northcreek, Ste 850 Atlanta, Georgia 30327
706. Christy J. Anderson Citizen Lobby 2480 Broothaven Pl., N.E. Atlanta, Georgia 30319
707. Nathan G. Knight Professional Association of Educators 7 East Broad Street Newnan, Georgia 30264
708. Andrew W. Dod Powell, Goldstein, Frazer & Murphy 35 Broad Street, Suite 1100 Atlanta, Georgia 30335

709. Rita D. Carlson League of Women Voters 1107 Windridge Drive Atlanta, Georgia 30350
710. Ski Bashinski Georgia Funeral Directors Association Georgia Automatic Merchandising Council Surveying and Mapping Society of Georgia Greater Atlanta Fabricare Association Georgia Cemetery Assn. Georgia Pest Control Assn. 3009 Rainbow Drive Suite 123 Decatur, Georgia 30034
711. Jacqueline Bazy The American Civil Liberties Union 233 Mitchell Street Suite 200 Atlanta, Georgia 30303
712. Brooks Payne Rode Atlanta Junior League 5 Collier Road, N.W., #7 Atlanta, Georgia 30309
713. Paulette Triplett Citizen 723 SW Highway 138 Riverdale, Georgia 30374
714. Robert C. Hunt Miller Brewing Company 2849 Paces Ferry Road, #770 Atlanta, Georgia 30339
715. James R. Bell National Organization for the Reform of Marijuana Laws (NORML) P. 0. Box 821 Lithia Springs, Ga. 30057
716. Thelma Sonia Graves Citizen Adams Park Recreation Center Atlanta, Georgia 30310
717. A. Ann Deaton Georgia Pharmaceutical Assn. (Student Group) 215 Piedmont Ave., #1203 Atlanta, Georgia 30308

176

JOURNAL OF THE HOUSE,

718. Edward V. Deaton American Assn. of Retired Persons Muscogee Retired Cafeteria Managers 6 Adams Park Court Columbus, Georgia 31909
719. Marie S. Steinmeyer Georgia Women's Coalition for Medical Freedom, Inc. American Assn. of Retired Persons (AARP) Council on Aging Informed Health Care Assn. of Georgia, Inc. Older Women's League Georgia Assn. Medical Victims 3985 Lynfield Court College Park, Georgia 30349 Rt.6
720. Jim McDuffie Cobb County Tax Commissioners Office 185 Washington Avenue Marietta, Georgia 30090-9660
721. B. Gail Downing Cobb County Tax Commissioners Office 185 Washington Avenue Marietta, Georgia 30090-9660
722. Luvenia Jackson Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
723. Andrew Henry Griffin, Jr. Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
724. Anita M. Patterson American Federation of State, Co. & Municipal Employees 161 Spring Street, Suite 640 Atlanta, Georgia 30303
725. William I. (Bill) Posey Rite Aid Pharmacy Georgia Pharmacetical Assn. Washington & Gordon Ashburn, Georgia 31714
726. Leonard A. Moody National Assn. of Master Appraisers Ga. Chapter (An lnterman Chapter) Citizen Route 3 Canton, Georgia 30114

727. Holly Hill Southeast Paper Co. Gilman Paper Co. 2500 Trust Co. Tower Atlanta, Georgia 30303
728. Jimmy Kirkland S.E. Paper Co. Gilman Paper Co. 2500 Trust Company Tower Atlanta, Georgia 30303
729. James R. Bird Citizen 644 Elam Forest Court Stone Mountain, Ga. 30083
730. Verna G. Farmer Georgia Federation of Women's Club Church Women of DeKalb 907 Fireside Way Stone Mountain, Ga. 30083
731. Carolyn Jones Georgia Federation of Women's Club 815 Jett Ferry Manor Atlanta, Georgia 30350
732. Charles C. Martin Georgia Gameforal Breeders Assn., Inc. 470 Hill Street Buford, Georgia 30518
733. Debra Mills Abused Children's Taskforce 3335 Hopkins Road Power Springs, Ga. 30073
734. Bruce Kauffman National Organization for Reform of Marijuana Laws 1244 Atlantic Drive Atlanta, Georgia 30318
735. Kathy T. Chaffin Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30309
736. Mildred Blackburn Professional Assn. of Georgia Educators Evans Middle School Evans, Georgia 30809

MONDAY, JANUARY 22, 1990

177

737. James W. Strong Fulton Co. Grand Jurors Assn. Citizen 3607 Roxboro Road, N.E. Atlanta, Georgia 30326
738. Randy Kevin Wilson Georgia Assn. of Concerned Citizens 112 S. Main Street Jonesboro, Georgia 30236
739. Patrick B. McMillen Citizen Catoosa Co. Public Schools Catoosa Education Assn. Georgia Assn. of Educators 1101 Battlefield Parkway Fort Oglethorpe, Ga. 30742
740. Ed Holcombe Georgia Power Company P. 0. Box 4545 (333/23) Atlanta, Georgia 30302
741. Cherry! V. Finn Georgia Alliance for the Mentally Ill 1256 Briarcliff Road Room 412-S Atlanta, Georgia 30306
742. Neil D. Saunders Citizen 231 Peachtree Battle Avenue Atlanta, Georgia 30305
743. Dr. Bill Davis Georgia Sport Shooting Assn. 465 Riverhill Drive NW Atlanta, Georgia 30328
744. Raymond Cecil Taylor Brotherhood of Locomotive Engineers P. 0. Box 9823 Columbus, Ga. 31908-9823
745. Charles T. Autry Oglethorpe Power Corp. 2100 Exchange Place Tucker, Georgia 30247
746. Ptlene Minick Citizen 1748 N. Holly Lane Atlanta, Georgia 30329
747. Michael Wardrip Sierra Club Ga. Chapter P. 0. Box 1670 Lilburn, Georgia 30226

748. Ronald Scheiblauer Southern Bicycle League 4715 Frederick Drive, S.W. Atlanta, Georgia 30336
749. J. R. "Jake" Cullens Senior Retired Troopers & GBI Agents Assn. First American Bank Cheatau Elan, Ltd. Viking Distillery Glenmore Distilleries Co. Georgia House Foundation Atlanta Casualty Company Jones & Granger Barton Brands, Ltd. Habersham Vineyards International Barrier Corp. Box 326 Cartersville, Georgia 30120
750. June Governo Citizens for a Safer Georgia Rt. I, Box 273 Williamson, Georgia, 30292
751. Allene Magill Paulding County Board of Education 522 Hardee Dallas, Georgia 30132
752. Jane Huntley N.W. Georgia RESA N.W. Georgia RESA 436 Broad Street 217 Forrest Building Rome, Georgia 30161
753. Thomas G. Cook Georgia Osteopathic Medical Association Georgia Automotive Services Association P. 0. Box 95625 Atlanta, Georgia 30306
754. Gregory B. Paxton Georgia Trust for Historic Preservation Georgians for Preservation Action 1516 Peachtree Street, N.W. Atlanta, Georgia 30309
755. John T. Sherrer Georgia Pharmaceutical Assn. 833 Campbell Hill Street Marietta, Georgia 30060

178

JOURNAL OF THE HOUSE,

756. Hannah M. Branton Georgia Housing Coalition 250 Georgia Ave., S.E. Room 363 Atlanta, Georgia 30312
757. Jonathan Lee Braden Georgia Pharmaceutical Association 20 Lenox Pointe Atlanta, Georgia 30324
758. Gayle Hughes Georgia Forum P. 0. Box 0411 Stone Mountain, Ga. 30083
759. Charlotte Warren Georgia Nurses Association 4423 Dunmore Road Marietta, Georgia 30068
760. Martha Pennington Citizens Lobby for Kids Professional Association of Georgia Educators Georgia Congress of Parent Teacher Association Southern Bicycle League 3700 B Market Street Clarkston, Georgia 30021
761. Nancy Hayes Kitchens Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
762. John T. Rumph, Jr. Informed Health Care Assn. of Georgia, Inc. Georgia Women Coaliation for Medical, Inc. Cancer Victors, Inc. 5540 Roswell Road, NW, G-109 Atlanta, Georgia 30342
763. Carol N. Rogers Informed Health Care Assn. of Georgia, Inc. Georgia Women's Coalition for Medical Freedom, Inc. Cancer Victors, Inc. 1188 Briarcliff Road, Ste. 1 Atlanta, Georgia 30306
764. Gretchen L. Simpson Georgia Assoc. of Educators Richard County Association of Educators 1399 Walton Way Augusta, Georgia 30901

765. Pamela W. Lightsey Georgians for Victims' Justice 2700 Pebblewood Drive Valdosta, Georgia 31602
766. Barbara T. Johnson Georgians for Victim Justice Rockdale Co. Courthouse 922 Court Street Conyers, Georgia 30207
767. Deborah K. Morelli Georgians for Victims Justice Citizens Lobby for Kids 1562 Pine Bluff Court Snellville, Georgia 30278
768. Michael E. Williams National Rifle Association Institute for Legislative Action NAA-ILA 1600 Rhode Island Avenue NW Washington, DC 20036
769. David 0. Eldridge The Georgia Conservancy 233 Peachtree Street, N.E. Suite 2705 Atlanta, Georgia 30303-1500
770. Kathy Davis Georgia Housing Coalition 250 Georgia Avenue, SE #363 Atlanta, Georgia 30312
771. Pamela J. Martorano American Massage Therapy Assn. (A.M.T.A.) Georgia Chapter President 6135 Barfield Rd., Ste 118 Neuromuscular & Massage Atlanta, Georgia 30328
772. James T. Roberts Citizen 516 Beckwith Atlanta, Georgia 30314
773. June R. Jansen Consulting Engineers Council Georgia Two Northside 75 214 Beta Building Atlanta, Georgia 30318

MONDAY, JANUARY 22, 1990

179

774. Charles H. Green Private Schools Citizen Professional Association of Georgia Educators P. 0. Box 10 Tullulah Falls, Ga. 30573
775. Belinda Callas American Massage Therapy Association 2010 Beaver Ruin Road Norcross, Georgia 30093
776. Thomas J. Raynor Bail Bond Association 171 Garnett Street Atlanta, Georgia 30303
777. Doug Henson Georgia Dental Association 400 Cleveland Avenue Atlanta, Georgia 30315
778. Johnnie M. Keith Disability Activists Rally for Equality 110 Hilliard St. S.E., #408 Atlanta, Georgia 30312
779. Louise Radloff Georgia School Boards Assn. 1240 Atkinson Road Lawrenceville, Ga. 30243
780. Billy E. Grice R. G. Associates 615 Peachtree Street, N.E. Atlanta, Georgia 30308
781. Michael H. Richardson R. G. Associates 615 Peachtree Street, N.E. Suite 510 Atlanta, Georgia 30308
782. William S. Cannon, V American Contract Compliance Association P. 0. Box 3329 Atlanta, Georgia 30302
783. Douglas M. Collins Citizen 1242 Redfield Ridge Dunwoody, Georgia 30338

784. George B. Elder Southeast Recycling Corp. Southeast Paper Mfg. Co. 2000 Powers Ferry Road Suite 610 Marietta, Georgia 30067
785. Ted Brodek Lake Claire Neighborhood Assn. National Assn. of Broadcast Employees & Technicians 555 Hardendorf Ave., NE Atlanta, Georgia 30307
786. Sharon Teague Sharon Teague-Sloto Consultants P. 0. Box 488 Red Oak, Georgia 30272
787. Karen Bernheimer Sierra Club P. 0. Box 465 Pine Lake, Georgia 30072
788. Lorine Spencer GNA Georgia Nurses Assn. GARN Georgia Assn. of Rehab Nurses PRSG Private Rehab Suppliers of Georgia 1946 Clairmont Rd., Ste 200 Decatur, Georgia 30033
789. Linda D. McMillan Citizen 2743 St. Augustine Trail Marietta, Georgia 30067
790. Elaine C. Lalonde League of Women Voters of Georgia, Inc. 100 Edgewood Avenue, #1010 Atlanta, Georgia 30303
791. Timberly T. Dukes Georgia League of Women Voters 100 Edgewood Avenue Atlanta, Georgia 30303
792. Cynthia Harris Georgia League of Women Voters 100 Edgewood Avenue Atlanta, Georgia 30303
793. Grace Marie Crosby Georgia League of Women Voters 100 Edgewood Avenue Atlanta, Georgia 30303

180

JOURNAL OF THE HOUSE,

794. Lisa Tavares Georgia League of Women Voters 100 Edgewood Avenue Atlanta, Georgia 30303
795. Lynn Jarrett-Gude Citizen 4181 Danforth Road Atlanta, Georgia 30331
796. James Terry Murphy Assn. of Georgia Driver Improvement Clinics 326-C North Slappey Blvd. Albany, Georgia 31707
797. Lawrence A. lngwell Georgia Safety Council, Inc. 3300 N.E. Expressway 1-B Atlanta, Georgia 30341
798. Fred P. Metros Georgia Sport Shooting Assn. Citizen 1050 Greendale Lane Jonesboro, Georgia 30236
799. Robert L. Scott Lederle Laboratories 115 Perimeter Center Place Suite 415 Atlanta, Georgia 30346
800. Gary Martin Police Benevolent Assn. of Georgia, Inc. 1597 Phoenix Blvd. #12 Atlanta, Georgia 30349
801. James B. Merritt Police Benevolent Assn. of Georgia, Inc. 1597 Phoenix Blvd., Suite 12 Atlanta, Ga. 30349
802. Margaret Blount Atlanta Healthcare Alliance 1575 Northsie Drive, Ste 250 200 Atlanta Technology Center Atlanta, Georgia 30318-4208

803. Maureen McGrath Caine Ga. Independent Trust 3121 Maple Drive, Suite 228 Atlanta, Georgia 30345
804. Jerry L. McCollum Georgia Wildlife Federation 1936 Iris Drive, Suite G Conyers, Georgia 30207
805. Glenn K. Reeves Georgia Wildlife Federation 1691 Sands Pl., Suite E Marietta, Georgia 30067
806. Martha Ford Georgia Nurses Assn. 114 Glenn Street Decatur, Georgia 30030
807. Melvin T. Steely American Association of University Professors West Georgia College History Department Carrollton, Georgia 30118
808. Norman Townsend, Jr. Rider's Guide Southern Economic Dev. Co. Corp. Television Producers Real Estate Mart 100 Peachtree, N.W. Suite 710 Atlanta, Georgia 30303
809. Elizabeth E. Long Fulton County Government 141 Proyer St., S.W. Atlanta, Georgia 30303
810. P. Andrew Patterson Fulton County Government 55 Marietta St., N.W. Suite 1600 Atlanta, Georgia 30303
811. John Tye Ferguson Fulton County Government Fulton County Pension Fund Dev. Authority of Fulton Co. 2705 Peachtree Center Harris T3 233 Peachtree St., N.E. Atlanta, Georgia 30303

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, JANUARY 23, 1990

181

Representative Hall, Atlanta, Georgia Tuesday, January 23, 1990

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 A. W. Russell, Pastor, Damascus Baptist Church, Midville, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on ,Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1413. By Representative Adams of the 79th: A bill to provide for the merger and consolidation of the existing Upson County School System and the existing City of Thomaston Independent School System into a single county-wide school system; to provide that such unified school system shall be known as the Thomaston-Upson County School System.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1414. By Representatives Richardson of the 52nd, Childers of the 15th, Oliver of the I 21st, Teper of the 46th, Barfoot of the I 20th and others: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to strike Chapter llA thereof, relating to dieticians and dietetic counselors, and reenact a new Chapter llA regulating the practice of dieticians; to provide for a short title.
Referred to the Committee on Health & Ecology.

182

JOURNAL OF THE HOUSE,

HB 1415. By Representatives Parrish of the 109th, Cummings of the 17th, Baker of the 51st and Clark of the 13th:
A bill to amend Code Section 47-20-36 of the Official Code of Georgia Annotated, relating to reports of actuarial investigations on retirement bills having a fiscal impact, so as to change the date for the completion of such actuarial investigations.
Referred to the Committee on Retirement.

HB 1416. By Representatives Dover of the 11th, Murphy of the 18th, McKelvey of the 15th and Dixon of the 128th:
A bill to amend Article 6 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to unemployment benefits, so as to provide a disqualification period for unemployment benefits if the employee was discharged by his most recent employer for the use of marijuana or a controlled substance.
Referred to the Committee on Industrial Relations.

HB 1417. By Representatives Kilgore of the 42nd, Godbee of the llOth and Birdsong of the 104th:
A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so as to provide changes in the number of days for which per diem is allowed for members of the State Transportation Board.
Referred to the Committee on Transportation.

HB 1418. By Representative Edwards of the 112th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the term of court for the Superior Court of Taylor County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1419. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the president of every public or private college or university, or his designee, shall be a county deputy registrar or a municipal deputy registrar; to provide for powers and duties.
Referred to the Committee on Governmental Affairs.

HB 1420. By Representative Meadows of the 91st:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Meriwether County and creating the office of tax commissioner of said county, so as to change the salary of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, JANUARY 23, 1990

183

HB 1421. By Representatives Dover of the 11th, Murphy of the 18th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to create and establish the Self-insurers Guaranty Trust Fund.
Referred to the Committee on Industrial Relations.

HB 1422. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to authorize the governing authority of any local government which operates or which contracts for the operation of an emergency "911" system to impose a monthly "911" charge upon each exchange access facility subscribed to by telephone subscribers under certain circumstances and conditions.
Referred to the Committee on Industry.

HB 1424. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to repeal an Act fixing the compensation of the members of the Board of Education of Lowndes County, to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1425. By Representatives Ray of the 98th, Watson of the 114th, Jenkins of the 80th and Crawford of the 5th:
A bill to amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, so as to prohibit moving or transporting certain mobile homes which do not have attached and displayed thereon the decals required under Code Section 48-5-492.
Referred to the Committee on Ways & Means.

HB 1426. By Representatives Ricketson of the 82nd, Ware of the 77th, Dunn of the 73rd and Griffin of the 6th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, so as to allow a workers' compensation insurer's agent to confirm in writing that such insurer has refused to cover a risk.
Referred to the Committee on Insurance.

HB 1427. By Representatives Richardson of the 52nd, Thomas of the 31st, Sinkfield of the 37th, Davis of the 29th, Williams of the 48th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for individual and group accident and sickness insurance coverage of mammograms and Pap smears.
Referred to the Committee on Insurance.

184

JOURNAL OF THE HOUSE,

HB 1428. By Representatives Oliver of the .53rd, Thompson of the 20th, Pinkston of the 100th and Lawrence of the 49th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that business records required to be kept by state law or an administrative rule or regulation promulgated pursuant to state law shall be retained for a period of three years; to provide for definitions; to provide that business records may be destroyed after being retained for three years.
Referred to the Committee on Banks & Banking.

HB 1429. By Representatives Mangum of the 57th, Athon of the 57th and Alford of the 57th:
A bill to amend Code Section 43-15-17 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of professional engineer certificates of registration, so as to exempt persons 65 years of age and older from paying any fee.
Referred to the Committee on Ways & Means.

HB 1430. By Representatives Mangum of the 57th, Athon of the 57th and Hamilton of the 124th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for direct instructional costs, so as to change certain provisions relating to direct instructional costs for the kindergarten and primary grades program.
Referred to the Committee on Education.

HB 1431. By Representative Ricketson of the 82nd: A bill to provide a new charter for the City of Norwood.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1432. By Representatives Brooks of the 34th, McKinney of the 35th, Walker of the 85th, Redding of the 50th, Cummings of the 134th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to comprehensively revise the method of election of superior court judges; to provide for limited voting.
Referred to the Committee on Judiciary.

HB 1433. By Representative Childers of the 15th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the provisions relating to the termination of the State Board of Hearing Aid Dealers and Dispensers and the repeal of the laws relating thereto.
Referred to the Committee on Health & Ecology.

TUESDAY, JANUARY 23, 1990

185

HB 1434. By Representative Childers of the 15th:
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 change the provisions relating to definitions.
Referred to the Committee on Health & Ecology.

HB 1435. By Representatives Twiggs of the 4th and Coleman of the 118th:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to jurisdiction and duties of the Uniform Division of the Department of Public Safety, so as to expressly and affirmatively grant certain law enforcement jurisdiction over highway safety rest areas to the Uniform Division.
Referred to the Committee on Public Safety.

HB 1436. By Representatives Twiggs of the 4th and Thomas of the 69th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the criminal offense of trafficking in cocaine, illegal drugs, or marijuana, so as to change the elements of and punishment for the offense of trafficking in marijuana.
Referred to the Committee on Public Safety.

HB 1437. By Representative Barnett of the lOth:
A bill to amend Code Section 31-6-40 of the Official Code of Georgia Annotated, relating to the requirements for certificates of need to offer health care, so as to provide that new institutional health care services or health care facilities may be established in certain counties without the necessity of a certificate of need.
By unanimous consent, HB 1437 was ordered engrossed.
Referred to the Committee on Health & Ecology.

HB 1438. By Representatives Morton of the 47th, Lawrence of the 49th, Davis of the 45th and Jenkins of the 80th:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offenses of assault and battery, so as to create the offense of aggravated mutilation; to define a certain term; to provide for a penalty; to prohibit the State Board of Pardons and Paroles from granting a pardon or parole to any person convicted of such offense.
Referred to the Committee on Judiciary.

HB 1439. By Representative Walker of the 115th:
A bill to create the Perry Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Perry, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

186

JOURNAL OF THE HOUSE,

HB 1440. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Streat of the 139th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to provide for the use of writs of fieri facias and other civil remedies to collect delinquent payments, fines, costs, and restitution or reparations ordered as a condition of probation.
Referred to the Committee on Judiciary.

HB 1441. By Representatives Walker of the 115th and Lee of the 72nd:
A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils.
Referred to the Committee on Education.

HB 1442. By Representative Walker of the 115th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add a new Chapter 20 to be entitled the "Georgia County Leadership Act".
Referred to the Committee on Governmental Affairs.

HB 1443. By Representative Walker of the 115th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to provide that the clerks of the county governing authority shall attend and complete a training seminar; to provide that the county governing authority shall pay the fees of the seminar.
Referred to the Committee on Governmental Affairs.

HB 1444. By Representatives Crosby of the 150th, Coleman of the 118th and Royal of the 144th:
A bill to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds received from a special county 1 percent sales tax and use tax, so as to require the keeping of certain records of projects; to require certain schedules to be included in annual audits; to provide for verification and testing; to require the keeping of certain records pertaining to certain contracts or agreements.
Referred to the Committee on Ways & Means.

HB 1445. By Representative Lane of the 27th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, so as to change certain provisions relating to fees.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 23, 1990

187

HR 639. By Representatives Walker of the 85th, Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Cheeks of the 89th and others:
A resolution re-creating the Augusta-Richmond County Commission on Disadvantaged Youth.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 640. By Representatives Brooks of the 34th, McKinney of the 35th, Walker of the 85th, Redding of the 50th, Cummings of the 134th and others:
A resolution proposing an amendment to the Constitution so as to provide that the terms of office of superior court judges may be adjusted so that all such judges will be elected at the same time.
Referred to the Committee on Judiciary.
HR 641. By Representatives Brooks of the 34th, McKinney of the 35th, Walker of the 85th, Redding of the 50th, Cummings of the 134th and others:
A resolution proposing an amendment to the Constitution so as to allow superior court judges to reside anywhere in the state at the time of their election.
Referred to the Committee on Judiciary.
HR 642. By Representatives Morton of the 47th, Lawrence of the 49th, Davis of the 45th and Jenkins of the 80th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to prohibit the State Board of Pardons and Paroles from granting any pardon or parole to any person convicted of the offense of aggravated mutilation, as the General Assembly shall define such term by general law.
Referred to the Committee on 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 1446. By Representatives Thomas of the 69th, Walker of the 115th, Connell of the 87th and Murphy of the 18th:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions relating to the distribution of the Georgia Laws.
Referred to the Committee on Judiciary.

HB 1474. By Representatives Dobbs of the 74th, Lane of the lllth, Alford of the 57th, Lupton of the 25th, Hooks of the 116th and others:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Hazardous Waste Management Authority, so as to provide a statement of state policy concerning the design and construction of hazardous waste facilities.
Referred to the Committee on Natural Resources & Environment.

188

JOURNAL OF THE HOUSE,

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

HB 1368 HB 1369 HB 1370 HB 1371 HB 1372 HB 1373 HB 1396 HB 1398 HB 1399 HB 1400 HB 1401 HB 1402 HB 1403
HB 1404 HB 1405
HB 1406 HB 1407

HB 1408 HB 1409 HB 1410 HB 1411 HB 1412 HB 1423 SB 10 SB 28 SB 58 SB 71 SB 72 SB 76 SB 418 SB 419 SB 423 SB 433

Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1105 Do Pass, by Substitute HR 466 Do Pass, by Substitute
Respectfully submitted, /s/ Reaves of the 147th
Chairman

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

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1406 Do Pass
Respectfully submitted, /s/ Pinkston of the 100th
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:

TUESDAY, JANUARY 23, 1990

189

HB 67 Do Pass, by Substitute

Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

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

HB 1151 Do Pass, by Substitute HB 1181 Do Pass HB 1282 Do Pass, by Substitute

HB 1159 Do Pass, by Substitute HB 1160 Do Pass, by Substitute

Respectfully submitted, /s/ Watson of the 114th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 222 Do Pass, by Substitute HB 1157 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 1180 Do Pass HB 1232 Do Pass, as Amended

HB 1295 Do Pass HB 1296 Do Pass

Respectfully submitted,
Is/ Jackson of the 9th
Chairman

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

Mr. Speaker:

190

JOURNAL OF THE HOUSE,

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 628 Do Pass

Respectfully submitted,
Is! Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - 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 1325 Do Pass HB 1327 Do Pass HB 1329 Do Pass

HB 1341 Do Pass HB 1343 Do Pass HB 1378 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1253 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman

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

HB 1378.

By Representatives Wall of the 61st, Jackson of the 9th, Mobley of the 64th, Orr of the 9th, Breedlove of the 60th and others:
A bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption; to provide for an exception with respect to land in excess of one acre.

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

TUESDAY, JANUARY 23, 1990

191

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B YBamett,M Y Bates y Beck
Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown Y Buck Y Buford y Byrd
Y Campbell Y Carrell Y Carter
Chambless YChance
Cheeks

Y Childers
Clark,B Y Clark,H
Clark,L YColeman Y Colwell Y Connell Y Couch 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 YDunn
Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin YGreen Y Greene Y Gresham
YGrifr.n Y Groover Y Hamilton Y Hanner

YHarris Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkina Y Johnaon Y Jones Y Kilgore Y Kingston
Y Lane,D YLane,R Y Langford Y Lawrence Y Lawson
Lee Y Linder Y Long Y Lord
Lucas Y Lupton
Y Mangum YMartin Y McCoy
McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows y Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten
Pettit Pinkston Poag Y Porter Y Poston Y Powell y Randall N Ransom YRay
Reaves y Redding Y Richardson Y Ricketson Y Robinaon y Royal
Selman Y Simpson
Sinkfield

Y Smith,L Y Smith,P
Smith,T Y Smith,W Y Smyre YSnow Y Stancii,F Y Stancii,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompoon YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vanghan Y Waddle Y Walker,C Y Walker,L YWall YWare Y Watson Y Watts
White Y Wilder Y Williams,B E Williams,J Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1325.

By Representatives Jackson of the 83rd and Harris of the 84th:
A bill to provide that the school superintendent of Columbia County shall be elected in nonpartisan elections.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron YBamett,B YBamett,M YBates YBeck

Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Chambless YChance Cheeks

Y Childers Clark,B
Y Clark,H Clark,L
Y Coleman YColwell Y Connell Y Couch 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 YDunn
Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin YGreen Y Greene Y Gresham Y Griffm Y Groover Y Hamilton Y Hanner

YHarris Y Hasty Y Heard
Herbert Y Holcomb YHolland
Holmes YHooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnaon Y Jones

192

JOURNAL OF THE HOUSE,

Y Kilgore
Y Kingston YLane,D
Y Lane,R
Y Langford Y Lawrence Y Lawson
Lee Y Linder y Long y Lord
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten

Pettit Pinkston Poag Y Porter Y Pooton YPowell y Randall
N Ransom YRay
Reaves y Redding
Y Richardson
Y Ricketson Y Robinson y Royal
Selman Y Simpson
Sinkfield

Y Smith,L
Y Smith,P
Smith,T YSmith,W Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat
Y Teper YThomae,C YThomas,M Y Thompson
YThurmond Y Titue

Y Tolbert Y Townsend y Twiggs
Y Vanghan Y Waddle Y Walker,C Y Walker,L
Y Wall YWare Y Watson Y Watts
White Y Wilder Y Williama,B E Williama,J Y Yatee y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1327. By Representative Royal of the 144th:
A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the judge and 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 roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adame Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Bamett,B YBamett,M YBatee y Beck
Benefield YBenn Y Birdsong Y Bishop Y Bootick
Y Branch Y Breedlove
Brooks Brown Y Buck Y Buford YByrd
Y Campbell Y Carrell Y Carter
Chambless
YChance Cheeks

Y Childers
Clark,B Y Clark,H
Clark,L
Y Coleman YColwell Y Connell Y Couch Y Crawford Y Crooby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G N Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn
Edwards YEhrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Footer y Godbee Y Goodwin YGreen Y Greene Y Gresham Y Griffm Y Groover Y Hamilton
Y Harmer

y Harris
Y Hasty
YHeard Herbert
Y Holcomb
Y Holland Hobnes
YHooks YHowren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson
Lee Y Linder Y Long Y Lord
Lucas Y Lupton y Mangum y Martin
Y McCoy McDonald
Y McKelvey

Y McKinney,B Y McKinney,C Y Meadows y Milam
Y Mobley
YMoody Y Morton Y Moultrie YMueller Y Oliver,C
Oliver,M
YOrr Y Orrock Y Padgett
Y Pannell Parham
Y Parrish
Y Patten Pettit Pinkston Poag
Y Porter Y Pooton YPowell y Randall
NRansom YRay
Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
Selman Y Simpson
Sinkfield

On the passage of the Bill, the ayes were 151, nays 2.

Y Smitb,L YSmith,P
Smitb,T Y Smitb,W Y Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley
Y Steele Y Stephens
Y Streat Y Teper
YThomas,C YThomas,M YThompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vanghan
Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White YWilder Y Williama,B E Williama,J Y Yatee YYeargin
Murphy,Spkr

TUESDAY, JANUARY 23, 1990

193

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

HB 1329.

By Representatives Bargeron of the 108th and Godbee of the llOth:
A bill to amend an Act providing for the election of the members of the board of education of Burke County, so as to provide for the compensation and expense allowance 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 roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron
Y Bamett,B Y Bamett,M Y Bates y Beck
Benefield YBenn Y Birdsong Y Bishop Y Boetick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford YByrd YCampbell
Y Carrell Y Carter
Chambless Y Chance
Cheeks

Y Childers
Clark,B
Y Clark,H Clark,L
YColeman Y Colwell Y Connell Y Couch 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 Dobbe
Y Dover
YDunn Edwards
YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster
Y Godbee Y Goodwin YGreen YGreene Y Gresham
Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard
Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson Ylrwin Y Iaakson 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 Y Long y Lord
Lucas Y Lupton YMangum Y Martin Y McCoy
McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell Parham
Y Parrish Y Patten
Pettit Pinkston Poag
Y Porter Y Poston YPowell y Randall N Ransom YRay
Reaves y Redding
Y Richardson Y Ricketeon Y Robinson y Royal
Selman Y Simpeon
Sinkfield

Y Smith,L Y Smith,P
Smith,T YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompeon YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Wateon Y Watts
White YWilder Y Williams,B E Williams,.! Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1341.

By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to authorize the expenditure of municipal funds for certain purposes.

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

Y Aaron Y Abernathy Y Adams

Y Aiken Y Alford Y Allen

Y Athon Y Atkins Y Bailey

Y Baker Balkcom
Y Bannister

Y Barfoot Y Bargeron Y Bamett,B

194

JOURNAL OF THE HOUSE,

Y Barnett,M Y Bates y Beck
Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks
Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter
Chambless Y Chance
Cheeks Y Childers
Clark,B Y Clark,H
Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M

Y Davis,C
Y Davis,G NDavis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffm
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 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 Y Lord
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 Morton Y Moultrie Y Mueller
Y Oliver,C Oliver,M'
Y Orr Y Orrock Y Padgett
Y Pannell Parham
Y Parrish Y Patten
Pettit Pinkston Poag
Y Porter Y Poston Y Powell y Randall N Ransom YRay
Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
Selman Y Simpson
Sinkfield Y Smith,L Y Smith,P
Smith,T

YSmith,W Y Smyre YSnow
Y Stancii,F Y Stancii,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C YThomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Y Wilder Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1343.

By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to establish the Municipal Court of the City of LaGrange.

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

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates y Beck
Benefield Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove

Brooks Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Chambless Y Chance
Cheeks Y Childers
Clark,B YCiark,H
Clark,L Y Coleman Y Colwell Y Connell Y Couch 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 YDunn
Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffm 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 Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D YLane,R Y Langford
Y Lawrence Y Lawson
Lee Y Linder y Long

y Lord
Lucas Y Lupton Y Mangum
YMartin Y McCoy
McDonald YMcKelvey Y McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish

TUESDAY, JANUARY 23, 1990

195

Y Patten
Pettit Pinkston Poag Y Porter Y Poston
Y Powell y Randall N Ranaom YRay
Reaves

Y Redding
Y Richardson
Y Ricketaon Y Robinson y Royal
Selman Y Simpson
Sinkfield Y Smitb,L Y Smitb,P
Smitb,T

YSmith,W
Y Smyre
YSnow Y Stancii,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thornas,C

YThomas,M YThompson
YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L

YWall
YWare Y Wataon Y Watta
White Y Wilder Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 151, 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:

SB 250. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regulation of certain real estate appraisers; to provide a short title; to provide definitions; to create the Georgia Real Estate Appraisers Board and provide for the membership, qualifications, terms, officers, powers, duties, authority, compensation, expenses, quorum, practices, and procedures thereof.

SB 414. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services; to provide an effective date.

SB 415. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-51 of the Official Code of Georgia Annotated, relating to the date of municipal elections, so as to change the provisions relating to dates of municipal elections.

SB 416. By Senator Kidd of the 25th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to requirements pertaining to fire protection and safety with respect to buildings presenting special hazards to persons or property, so as to provide an exemption with respect to certain buildings which meet the fire safety and building standards of local political subdivisions.

SB 417. By Senators Kidd of the 25th, Walker of the 43rd and Shumake of the 39th:
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 and the establishment of flexible employee benefit plans, so as to provide that the employee welfare benefits under flexible employee benefit plans may be operated as a self-insured plan in whole or in part or by contract with an authorized company.

196

JOURNAL OF THE HOUSE,

SB 497. By Senators Dawkins of the 45th, Foster of the 50th and Kidd of the 25th:
A bill to amend Code Section 21-5-50 of the Official Code of Georgia Annotated, relating to filing of financial disclosure statements by public officers and candidates for public office, so as to provide for certain financial disclosure on the part of candidates for Governor; to require disclosure of certain transactions with governmental entities; to require disclosure of certain income from parties represented by registered agents.

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

SR 305. By Senators Shumake of the 39th, Tate of the 38th, Scott of the 36th and others:
A resolution creating the Governor's Commission on the Social Status of Black Males.

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

HB 10. By Representative Groover of the 99th:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to judicial assistance to the courts of this state by judges and magistrates of other courts, so as to provide that retired judges or judges emeritus of the state courts shall receive compensation and reimbursement of expenses while rendering judicial assistance to any court.

HB 192. By Representatives Porter of the 119th and Groover of the 99th:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to the qualifications of state court judges, so as to provide that a state court judge shall, on the date he takes office, reside within the judicial circuit containing the geographic area in which he is selected to serve.

HB 319. By Representatives Alford of the 57th, Connell of the 87th, Chambless of the 133rd, Porter of the 119th and Robinson of the 96th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, so as to provide exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons providing workers' compensation benefits.

HB 686. By Representatives Watson of the 114th, Dunn of the 73rd, Snow of the 1st, Connell of the 87th, Oliver of the 53rd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide restrictions upon requirements imposed by workers' compensation insurance, self-insurance, and group self-insurance, relating to obtaining pharmacy services from outof-state mail order pharmacies.

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

TUESDAY, JANUARY 23, 1990

197

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.

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

SB 250. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regulation of certain real estate appraisers; to provide a short title; to provide definitions; to create the Georgia Real Estate Appraisers Board and provide for the membership, qualifications, terms, officers, powers, duties, authority, compensation, expenses, quorum, practices, and procedures thereof.
Referred to the Committee on Banks & Banking.

SB 414. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services; to provide an effective date.
Referred to the Committee on Special Judiciary.

SB 415. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-51 of the Official Code of Georgia Annotated, relating to the date of municipal elections, so as to change the provisions relating to dates of municipal elections.
Referred to the Committee on Governmental Affairs.

SB 416. By Senator Kidd of the 25th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to requirements pertaining to fire protection and safety with respect to buildings presenting special hazards to persons or property, so as to provide an exemption with respect to certain buildings which meet the fire safety and building standards of local political subdivisions.
Referred to the Committee on Industry.

SB 417. By Senators Kidd of the 25th, Walker of the 43rd and Shumake of the 39th:
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 and the establishment of flexible employee benefit plans, so as to provide that the employee welfare benefits under flexible employee benefit plans may be operated as a self-insured plan in whole or in part or by contract with an authorized company.
Referred to the Committee on Insurance.

198

JOURNAL OF THE HOUSE,

SB 497. By Senators Dawkins of the 45th, Foster of the 50th and Kidd of the 25th:
A bill to amend Code Section 21-5-50 of the Official Code of Georgia Annotated, relating to filing of financial disclosure statements by public officers and candidates for public office, so as to provide for certain financial disclosure on the part of candidates for Governor; to require disclosure of certain transactions with governmental entities; to require disclosure of certain income from parties represented by registered agents.
Referred to the Committee on Rules.

SR 305. By Senators Shumake of the 39th, Tate of the 38th, Scott of the 36th and others:
A resolution creating the Governor's Commission on the Social Status of Black Males.
Referred to the Committee on Human Relations & Aging.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Education:

HB 1408.

By Representative Lane of the 27th:
A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination.

The following Resolution of the House was read and adopted:

HR 643. By Representatives Buck of the 95th, Adams of the 79th, Connell of the 87th, Beck of the 148th, Herbert of the 76th and others:
A resolution commending the University System of Georgia Outstanding Scholars on Academic Recognition Day.

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

HR 628. By Representatives Stancil of the 66th and Buck of the 95th:
A resolution recognizing the national 4-H winners from Georgia and inviting them to appear before the House of Representatives.

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

HB 44. By Representative Buck of the 95th:
A bill to amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivor benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivor benefits.

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

TUESDAY, JANUARY 23, 1990

199

On the passage of the Bill, the roll call was ordered and the vote was as follows:

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

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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,J.M Y Floyd,J.W 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
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
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 Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom YRay
Reaves Y Redding
Y Richardson Y Ricketaon Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Y Smith,W Y Smyre
Y Snow Y Stancil,F
Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Walker,L YWall YWare Y Wataon Y Watta White Wilder Y Williams,B E Williams,J Y Yates
Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1149. By Representative Allen of the 127th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty".

Representative Twiggs of the 4th moved that further consideration of HB 1149 be postponed until tomorrow immediately following the period of unanimous consents.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken Y Alford NAllen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M

Y Bates Y Beck Y Benefield
Benn
Y Birdsong N Bishop Y Bostick Y Branch Y Breedlove
Brooks N Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell

Y Carter
N Chambless N Chance Y Cheeks N Childers
Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby
Y Cummings,B
Cummings,M

Y Davis,C Y Davis,G
Y Davis,M Y Dixon,H N Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Godbee

Y Goodwin Y Green N Greene
Gresham Y Griffin
Y Groover Hamilton
Y Hanner Y Harris Y Hasty N Heard
Herbert Y Holcomb Y Holland N Holmes
Hooks

200

JOURNAL OF THE HOUSE,

Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson,W
Jamieson Jenkins Y Johnson Y Jones Y Kilgore N Kingston
Y Lane,D Y Lane,R Y Langford N Lawrence
Y Lawson
Y Lee N Linder Y Long

Y Lord
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 Morton Y Moultrie N Mueller Y Oliver,C N Oliver,M Y Orr

N Orrock Y Padgett N Pannell Y Parham
Y Parrish Y Patten
Pettit Y Pinkston N Poag
Porter Y Poston N Powell N Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson N Robinson

On the motion, the ayes were 129, nays 27. The motion prevailed.

y Royal
Y Selman N Simpson N Sinkfield Y Smith,L Y Smith,P Y Smith,T
Smith,W N Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper N Thomas,C N Thomas,M Y Thompson

Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L NWall Y Ware Y Watson Y Watts
White Y Wilder YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

HB 156. By Representative Kingston of the 125th:
A bill to amend Part 3 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Employees' Retirement System of Georgia for service as a teacher, so as to authorize creditable service to be obtained for certain teaching service as an employee of a county school district which maintained a local retirement system.

The following Committee substitute was read and adopted:

A BILL
To amend Part 3 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Employees' Retirement System of Georgia for service as a teacher, so as to authorize creditable service to be obtained for certain teaching service as an employee of a county or independent school district which maintained a local retirement system; to provide for definitions; to provide for conditions and requirements; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Employees' Retirement System of Georgia for service as a teacher, is amended by adding at the end thereof a new Code Section 47-2-182 to read as follows:
"47-2-182. (a) As used in this Code section, the term: (1) 'Local retirement system' means a retirement system maintained by a county
or independent school district for the purpose of providing a retirement benefit program for the teachers and other employees of the county or independent school district.
(2) 'Teacher' means a teacher as defined in paragraph (28) of Code Section 47-3-1. (b) Any member who was employed by a county or independent school district as a teacher at any time prior to July 1, 1979, and who was a member of a local retirement system during such employment and who is not and will not become eligible to receive any benefit under the provisions of said local retirement system shall be eligible to obtain creditable service under this retirement system for any part or all of such previous employment as a teacher, subject to the following conditions and requirements:

TUESDAY, JANUARY 23, 1990

201

(1) The member must pay to the board of trustees employee and employer contributions for the creditable service claimed under this Code section based on the compensation actually received for the teaching service claimed as creditable service;
(2) The member must pay to the board of trustees regular interest on the amount determined under paragraph (1) of this subsection compounded annually from the time the teaching service was rendered until the time of payment; and
(3) No creditable service obtained under this Code section shall be used in determining the qualifications of a member to receive benefits under' this chapter other than vested rights, death or disability benefits, or normal service retirement allowances. (c) Any member wishing to obtain creditable service pursuant to the provisions of this Code section shall apply therefor to the board of trustees in such manner as the board shall require. The board of trustees may require such documentation as may be necessary to verify teaching service and compensation therefor that is claimed as creditable service under this Code section."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron
Y Barnett,B
Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch 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
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 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

McKinney,B
Y McKinney,C
Y Meadows YMilam Y Mobley N Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Padgett Y Pannell Y Parham Y Parrish Y Patten Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom y Ray
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield

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

On the passage of the Bill, by substitute, the ayes were 153, nays 1.

202

JOURNAL OF THE HOUSE,

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

The following Resolution of the House was read and adopted:

HR 644. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Davis of the 72nd and Holcomb of the 72nd:
A resolution commending Mr. Hank Boynton.

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

HB 1367.

By Representative Reaves of the 147th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the provisions relating to the powers of the Commissioner of Agriculture to deal with certain diseases.

The report of the Committee, which was favorable to the passage of the 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
Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister
Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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,J.M Y Floyd,J.W 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
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
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom y Ray
Y Reaves Y Redding
Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat 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 YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

TUESDAY, JANUARY 23, 1990

203

HB 1366.

By Representative Reaves of the 147th:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to change the definition of the term "stable"; to change the provisions relating to licenses for pet dealers and kennels, stables, or animal shelter operators.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to change the definition of the term "stable"; to change the provisions relating to licenses for pet dealers and kennels, stables, or animal shelter operators; to provide for additional license fees for certain persons; to provide for quarantine of animals in premises and areas under certain conditions; to provide for the issuance and enforcement of written or printed stop sale, stop use, or stop movement orders; to provide that it shall be unlawful for any person to sell, use, or remove any animal in violation of any quarantine or stop sale, stop use, or stop movement order; 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 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," is amended by striking paragraph (9) of Code Section 4-11-2, relating to definitions, which reads as follows:
"(9) 'Stable' means any building, structure, or enclosure used for the lodging and feeding of equines at which:
(A) Such equines are made available to the public for riding and a fee is charged for the use of such equines; or
(B) A fee is charged by the stable operator for the boarding or feeding of such equines.", and inserting in lieu thereof a new paragraph (9) to read as follows: "(9) 'Stable' means any building, structure, pasture, or other enclosure where equine are maintained for boarding, holding, training, breeding, riding, pulling vehicles, or other similar purposes and a fee is charged for maintaining such equines or for the use of such equines."
Section 2. Said chapter is further amended by adding at the end of Code Section 4-11-3, relating to licenses for pet dealers and kennel, stable, or animal shelter operators, a new subsection (e) to read as follows:
"(e) Notwithstanding the provisions of subsection (c) of this Code section, the license fees fixed pursuant to subsection (c) of this Code section shall be increased by 100 percent for the renewal of any license which ;s not renewed within ten days following the expiration date of the license or for the issuance of a new license to any person who has failed to apply for a license within ten days following the date on which written notice of the need for such license has been given to such person by the Commissioner or his authorized representative."
Section 3. Said chapter is further amended by adding, following Code Section 4-11-9, a new Code Section 4-11-9.1 to read as follows:
"4-11-9.1. (a) In the control, suppression, prevention, and eradication of animal diseases, the Commissioner or any duly authorized representative acting under his authority is authorized and required to quarantine an animal, premises, or any area when he shall determine that animals in such place or places are infected with a contagious or infectious disease, that the unsanitary condition of such place or places might cause the spread of such disease, that the animal has or has been exposed to any contagious or infectious disease, or that the owner or occupant of such place or places is not observing

204

JOURNAL OF THE HOUSE,

sanitary practices prescribed under the authority of this chapter or any other law of this state.
(b) The Commissioner or his duly authorized representative is authorized to issue and enforce written or printed stop sale, stop use, or stop movement orders to the owners or custodians of any animals, ordering them to hold such animals at a designated place, when the Commissioner or his duly authorized representative finds such animals:
(1) To be infected with or to have been exposed to any contagious or infectious disease;
(2) To be held by a person who is required to be licensed under this chapter and whose license has expired;
(3) To be held by a person who is required to be licensed under this chapter and who has failed to obtain a license within ten days of the date on which written notice of need to obtain a license was given to such person by the Commissioner or his authorized representative; or
(4) To have been held in violation of this chapter, until the law has been complied with and such animals have been released, in writing, by the Commissioner or the violations have been otherwise legally disposed of by written authority.
(c) It shall be unlawful for any person to sell, use, or move any animal in violation of any quarantine or stop sale, stop use, or stop removal order issued under this Code section."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen
Y Athon Y Atkins Y Bsiley
Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch Y Crawford Y Crosby
Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn
Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooks
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 Y Lee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows
Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell 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 Streat Y Teper Y Thomas,C YThomas,M
Y Thompson Thurmond
Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall YWare
Y Watson Y Watts Y White
Wilder YWilliams,B E Williarns,J Y Yates Y Yeargin
Murphy,Spkr

TUESDAY, JANUARY 23, 1990

205

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.

The Speaker Pro Tern assumed the Chair.

HB 1204.

By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, is amended in subsection (a) by striking "and" at the end of paragraph (1) and by adding a new paragraph immediately following paragraph (1), to be designated paragraph (1.1), to read as follows:
"(1.1) Make criminal history records maintained by the center available to any county board of registrars or county board of registration and election. Any such board shall be deemed to have the consent of the person whose records are requested by virtue of the person's signature on a voter registration card. Such records shall be requested for the sole purpose of verification of information provided on voter registration cards by registration applicants; and"
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Aaron Y Abernathy Y Adams N Aiken Y Alford NAllen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M

Y Bates Y Beck
Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell

Y Carter
Y Chambless Y Chance
Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B N Cummings,M

Y Davis,C N Davis,G Y Davis,M Y Dixon,H
Y Dixon,S Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
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

206

JOURNAL OF THE HOUSE,

N 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 Y Lee Y Linder
Long

Y Lord
Y Lucas Y Lupton
Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B N McKinney,C
Y Meadows YMilam Y Mobley Y Moody
Y Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr

Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit
Pinkston Y Poag
Y Porter
Y Poston Y Powell N 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
Smith,W Y Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat N 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
NWall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B E Williams,J Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 623. By Representative Couch of the 36th:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide for certain refunds or payments to a county school system.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide for certain refunds or payments to a county school system; to authorize creditable service for previous service in certain positions; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, is amended by adding immediately preceding subsection (f) a new subsection (e.2) to read as follows:
"(e.2) (1) If a transferred teacher who has maintained continuous service with the county school system or a beneficiary of such a transferred teacher does not qualify to receive a monthly benefit under this retirement system but would be qualified to receive a monthly benefit under the local retirement fund if the transferred teacher's membership in the local retirement fund had continued, such transferred teacher or the beneficiary of such transferred teacher may elect to receive a monthly benefit under the provisions of subsection (d) of this Code section. If such transferred teacher or a beneficiary of such transferred teacher thereafter qualifies to receive a monthly benefit under this retirement system, the amount payable to the transferred teacher or beneficiary under subsection (d) of this Code section shall be reduced accordingly.
(2) A transferred teacher or a beneficiary of a transferred teacher who makes the election provided for in paragraph (1) of this subsection shall not be entitled to a refund of the accumulated contributions which have been credited to the transferred

TUESDAY, JANUARY 23, 1990

207

teacher's account at the time of said election. If such a transferred teacher subsequently returns to active service, this paragraph shall not apply to accumulated contributions credited to the transferred teacher's account after returning to active service.
(3) If a transferred teacher who makes the election provided for in paragraph (1) of this subsection does not at any time thereafter qualify to receive a monthly benefit under this retirement system and if no beneficiary of the transferred teacher is qualified to receive a monthly benefit under this retirement system upon the death of the transferred teacher, then upon the death of such transferred teacher, the board of trustees shall pay to the county school system an amount equal to the accumulated contributions of the deceased transferred teacher and an amount equal to the funds paid into the pension accumulation fund pursuant to paragraphs (1) and (2) of subsection (e.1) of this Code section, plus regular interest on that amount. The board of trustees shall maintain such records as may be necessary to comply with the provisions of this paragraph."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (m) to read as follows:
"(m) Any full-time public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors, full-time public school transportation managers or supervisors, or full-time public school warehouse managers or supervisors who become members of this retirement system pursuant to the provisions of this Code section or Code Section 47-3-66 shall have the right to obtain creditable service under this retirement system pursuant to the provisions of subsection (b) of Code Section 47-3-63 on the same basis that other members of this retirement system who are subject to the provisions of Code Section 47-3-63 obtain creditable service."
Section 3. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
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 Y Allen
Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove

Y Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch 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,J.M Y Floyd,J.W 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 Y Jackson,W Y Jamieson
Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee Y Linder Y Long

Y Lord Y Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett
Y Pannell Y Parham Y Parrish

208

JOURNAL OF THE HOUSE,

Y Patten Pettit
Y Pinkston Y Poag
Y Porter Y Poston Y Powell 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 Stancii,F Y Stancii,S Y Stanley Y Steele Y Stephens
Streat Y Teper YThomas,C

Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L

YWall
YWare Y Watson Y Watts Y White
Wilder
YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

HB 761. By Representative Parrish of the 109th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to clarify the provisions relating to the determination of average final compensation.
The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-126 of the Official Code of Georgia Annotated, relating to the restoration to service of a disability beneficiary under the Employees' Retirement System of Georgia, so as to delete provisions relating to restoration to service on or after age 50; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-126 of the Official Code of Georgia Annotated, relating to the restoration to service of a disability beneficiary under the Employees' Retirement System of Georgia, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-2-126 to read as follows:
"47-2-126. If a disability beneficiary is restored to service ftftd reeeives ftftfttlftl etffltpensatien whieh is H6i less than his average final eempensatien, his , the retirement
allowance 2f the beneficiary shall cease and he the beneficiary shall again become a con-
tributing member of the retirement system. Anything in this chapter to the contrary notwithstanding, any prior service certificate or creditable service which was used to
compute such a member's creditable service at the time of his retirement shall be
restored to full force and effect, and upon his the member's subsequent retirement he the member shall be credited with all his serviceas a member; bttt if he is restffl'ed t6 servi:ee 6ft 6l' after age W; his pensi6ft ttp6ft subsequent retirement sbftll H6i ~ the Stlffi 6f the pensi6ft whieh he was reeei ing immediately pri6l' t6 his last resteratien t6 men.bership ftftd the pensi6ft payttble with respeet t6 his servi:ee sittee his last resteratien t6 membership."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
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.

TUESDAY, JANUARY 23, 1990

209

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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates
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 Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Clark,L
Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W 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 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

Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie
Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten
Pettit Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall
Ransom
Y Ray 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 Streat Y Teper Y Thomas,C YThomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Y Walker,C Y Walker,L YWall
Ware Y Watson Y Watts
White Wilder Y Williams,B E Williams,J Y Yates Y Yeargin Murphy,Spkr

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

HB 436. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Part 4 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain departments in the Employees' Retirement System of Georgia, so as to provide for membership for certain officials and employees of the judicial branch of state government.

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

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker

Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn

Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown
Y Buck Y Buford Y Byrd

Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L

Y Coleman Colwell Connell
Y Couch Y Crawford Y Crosby
Y Cummings,B
Cummings,M
Y Davis,C Y Davis,G

210

JOURNAL OF THE HOUSE,

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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Y Green
Y Greene Gresham
Y Griffin
Y Groover
Hamilton
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 Y Lee
Linder Y Long Y Lord 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 Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit
Pinkston

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

Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall Y Ware
Watson Y Watts
White Wilder Y Williams,B E Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1361. By Representatives Chambless of the 133rd, Thomas of the 69th, Robinson of the 96th and Pannell of the 122nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions of terms used in the "Georgia Business Corporation Code".
The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1361 by adding, following the word "rights" on line 5 of page 2 the following:
"; to change the procedures for the exercise of dissenters' rights if a shareholder is dissatisfied with the corporation's offer; to change the provisions relating to dissenters waiving their rights to demand payment unless notification is made within certain time limits".
By redesignating Sections 21 through 36 as Sections 22 through 37, respectively.
By adding, following line 29 of page 19, a new Section 21 to read as follows:
"Section 21. Said title is further amended by striking subsection (b) of Code Section 14-2-1327, relating to procedure if a shareholder is dissatisfied with the corporation's offer, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) A dissenter waives his right to demand payment under this Code section unless he notifies the corporation of his demand in writing under subsection (a) of this Code section within 30 days after the corporation mtitle & offered payment for his
shares,~ provided ill Code Section 14-2-1325."'

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

TUESDAY, JANUARY 23, 1990

211

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

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch 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,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham YGriffin
Y Groover Hamilton
Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
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
Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinkston YPoag Y Porter Y Poston Y Powell Y Randall Y Ransom y Ray
Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat 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 YWall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B E Williams,J
Y Yates Y Yeargin
Murphy,Spkr

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement System of Georgia for membership service for which contributions have been withdrawn, so as to revise completely the provisions relating to the reestablishment of such creditable service; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement System of Georgia for membership service for which contributions have been withdrawn, is amended by striking said Code section, which reads as follows:

212

JOURNAL OF THE HOUSE,

"47-3-82. (a) Any member who has withdrawn his contributions not more than three times after January 1, 1961, may, after three years of active service as a contributing member, reestablish such teaching service as is represented by the withdrawn contributions upon his payment back into the fund of a sum equal to the amount withdrawn plus applicable accrued regular interest for each year or portion thereof from the time withdrawn.
(b) A member who has withdrawn contributions from the retirement system not more than four times may reestablish creditable service for the membership service represented by the withdrawn contributions, subject to the following conditions and requirements:
(1) At the time of making application for the reestablishment of the creditable service, the member must have at least 15 years of creditable service and at least ten years of active membership service since the last withdrawal of contributions from the retirement system; and
(2) The member must pay to the board of trustees an amount equal to the withdrawn contributions plus interest thereon at the rate of regular interest plus 2 percent compounded annually from the date of the withdrawal of the contributions to the date of payment to the board of trustees.", in its entirety and substituting in lieu thereof a new Code Section 47-3-82 to read as follows: "47-3-82. (a) Subject to the additional requirements of subsections (b) and (c) of this Code section, a member who has withdrawn accumulated contributions from the retirement system pursuant to the provisions of Code Section 47-3-128 may reestablish the creditable service represented by the withdrawn contributions by paying to the board of trustees a sum equal to the amount of accumulated contributions which were withdrawn plus applicable accrued regular interest for each year or portion thereof which elapsed from the time of such withdrawal of contributions to the date of such payment. (b) A member must complete a minimum number of years of service as a contributing member of the retirement system before becoming eligible to reestablish creditable service under subsection (a) of this Code section as follows:
(1) When accumulated contributions have been withdrawn not more than three times, the minimum shall be three years;
(2) When accumulated contributions have been withdrawn not more than four times, the minimum shall be five years; and
(3) When accumulated contributions have been withdrawn five or more times, the minimum shall be ten years. (c) The regular interest rate provided for in subsection (a) of this Code section shall be increased 2 percent for each withdrawal of accumulated contributions exceeding three such withdrawals."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
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 Allen

Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

TUESDAY, JANUARY 23, 1990

213

Y Barnett,M Y Bates Y Beck Y Benefield
Y Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Y Coleman Colwell Connell
Y Couch 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,J.M Y Floyd,J.W 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 Y Lee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody

Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom y Ray
Y Reaves Y Redding
Y Richardson
Y Ricketson
Y Robinson Y Royal
Selman
Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T

Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens Y Streat 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 YWall Y Ware
Y Watson Y Watts Y White YWilder Y Williams,B E Williams,J
Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HB 628. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education.

Representative Mangum of the 57th moved that the first Committee of Conference be dissolved and that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a second Committee of Conference on the part of the House the following members:
Representatives Mangum of the 57th, Athon of the 57th and Dover of the 11th.

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

214

JOURNAL OF THE HOUSE,

HB 671. By Representative Morton of the 47th:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to provide for the euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and procedures for euthanasia.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to provide for the euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and procedures for euthanasia; to provide for exceptions; to provide for licenses and permits and the issuance, conditions, fees, and revocation thereof; to provide for notices and hearings; to authorize and require the state board of pharmacy to adopt rules providing for the issuance of permits authorizing the purchase, possession, and use of certain substances; to provide for guidelines; to provide that a veterinarian or physician may limit the quantity of possession of sodium pentobarbital; 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 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," is amended by adding, following Code Section 4-11-5, a new Code Section 4-11-5.1 to read as follows:
"411-5.1. (a) Unless a license is granted pursuant to subsection (b) of this Code section, the use of sodium pentobarbital or a derivative of it shall be the exclusive method for euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals. A lethal solution shall be used in the following order of preference:
(1) Intravenous injection by hypodermic needle; (2) Intraperitoneal injection by hypodermic needle; (3) Intracardial injection by hypodermic needle; or (4) Solution or powder added to food. (b) Notwithstanding subsection (a) of this Code section, the Commissioner of Agriculture is authorized to issue a license which authorizes an exception to the provisions of subsection (a) of this Code section to allow the use of any other substance or procedure which is clinically proven to be as humane as sodium pentobarbital to perform euthanasia on dogs or cats. Any animal shelter or facility which wishes to use a substance or procedure other than sodium pentobarbital or a derivative of it shall apply, in writing, to the Commissioner for a license granting an exception. Such license shall be issued pursuant to the procedures contained in Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act,' except that: (1) In addition to any other notice, the Commissioner of Agriculture shall publish a notice in two consecutive issues of the Market Bulletin stating that a license for an exception has been requested, the name and address of the animal shelter or other facility making the request, the method proposed to be used for euthanasia, and that written comments may be submitted to the Commissioner of Agriculture concerning the request for such license within 30 days following the date of publication of the second consecutive issue of the Market Bulletin containing such notice; and (2) Following the conclusion of the 30 day period for public comment, the Commissioner of Agriculture shall issue the license granting an exception only if he determines that the substance or method to be used for euthanasia of dogs or cats is as

TUESDAY, JANUARY 23, 1990

215

humane as sodium pentobarbital and that the animal shelter or other facility is adequately equipped and its personnel are adequately trained to use such substance or method in a humane manner. (c) In addition to the exception provided for in subsection (b) of this Code section, in cases of extraordinary circumstance where the dog or cat poses an extreme risk or danger to the veterinarian, physician, or lay person performing euthanansia, such person shall be allowed the use of any other substance or procedure that is humane to perform euthanasia on such dangerous dog or cat. (d) A dog or cat may be tranquilized with an approved and humane substance before euthanasia is performed. (e) Succinylcholine chloride, curare, curariform mixtures, or any substance which acts as a neuromuscular blocking agent may not be used on a dog or cat in lieu of sodium pentobarbital for euthanasia purposes. A chamber using commercially bottled carbon monoxide gas may be permitted by the Commissioner of Agriculture. However, a chamber which causes a change in body oxygen shall not be permitted under any circumstances. (f) Euthanasia shall be performed by a licensed veterinarian or physician or a lay person who is properly trained in the proper and humane use of a method of euthanasia. Such lay person shall perform euthanasia under supervision of a licensed veterinarian or physician. This shall not be construed so as to require that a veterinarian or physician be present at the time euthanasia is performed. (g) No dog or cat may be left unattended between the time euthanasia procedures are first begun and the time death occurs, nor may its body be disposed of until death is confirmed by a qualified person. (h) The State Board of Pharmacy shall adopt rules providing for the issuance of permits authorizing the purchase, possession, and use of sodium pentobarbital by animal shelters licensed by the Commissioner of Agriculture under this chapter for the purpose of euthanizing injured, sick, or abandoned dogs or cats which are in the lawful possession of such animal shelters. The rules shall set forth guidelines for the proper storage and handling of sodium pentobarbital and such other provisions as may be necessary to ensure that the drugs are used solely for the purpose set forth in this Code section. The rules shall also provide for an application fee of $50.00 and a biennial renewal fee of $50.00. The State Board of Pharmacy may revoke or suspend the permit upon a determination that the permittee is using sodium pentobarbital for any purpose other than that set forth in this Code section or if the permittee fails to follow the rules of the board regarding proper storage and handling. Animal shelters covered by this Code section shall be subject to all record-keeping requirements and inspection requirements pertaining to sodium pentobarbital and other drugs authorized under subsection (b) as are licensed veterinarians in this state. (i) Notwithstanding subsection (h) of this Code section, the supervising veterinarian or physician may also further limit the quantity of possession of sodium pentobarbital to ensure compliance with the provisions of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins

Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M

Y Bates 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 Campbell Y Carrell

Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L

216

JOURNAL OF THE HOUSE,

Y Coleman Y Colwell
Connell Y Couch 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,J.M Y Floyd,J.W
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 Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lsne,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 YMilam Y Mobley Y Moody
Y Morton
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 YPoag Y Porter Y Poston Y Powell
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 Streat Y Teper YThomas,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 YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 198. By Representatives Clark of the 13th, McKinney of the 35th, McKinney of the 40th, Bargeron of the 108th, Long of the 142nd and others:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to retirement allowances under the Georgia Legislative Retirement System, so as to change the provisions relating to the retirement allowance.

The following Committee substitute was read:

A BILL
To amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to retirement allowances under the Georgia Legislative Retirement System, so as to change the provisions relating to the retirement allowance; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to retirement allowances under the Georgia Legislative Retirement System, is amended by striking subsections (d) and (e) in their entirety and substituting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) Upon such retirement under subsection (a) of this Code section, the retired member shall receive a monthly service retirement allowance which shall be equal to $W;OO $28.00 multiplied by the number of years of the member's creditable service.
(e) Any increase in tJte Httfflthly serviee retirement all6nanee benefits payable under the retirement system which becomes effective 6fl July l-; !986, & at ttftY time after that date as a result of a change in the benefit formula provided for by subsection (d) of this Code section shall be applicable to retired f6mtff members wft6 are beneficiaries of the system who are receiving benefits at the time the increase becomes effective as weH as t6 members wft6 retire after tJte iflerease beetmtes effeclive."

TUESDAY, JANUARY 23, 1990

217

Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Townsend of the 24th moves to amend HB 198 Committee Substitute as follows:
On page 1, line 18 substitute "$24" for "$28".

The Committee substitute was adopted.

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

Y Aaron Y Abernathy N Adams N Aiken Y Alford Y Allen Y Athon N Atkins N Bailey Y Baker Y Balkcom
N Bannister
Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates Y Beck N Benefield Y Benn Y Birdsong
Y Bishop Bostick Branch
Breedlove
Y Brooks Y Brown Y Buck N Buford YByrd N Campbell
N Carrell Carter
Y Chambless Y Chance Y Cheeks

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

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

Y McKinney,B
Y McKinney,C Y Meadows
Milam Mobley Y Moody
N Morton Y Moultrie
N Mueller Y Oliver,C Y Oliver,M
N Orr Orrock
Y Padgett N Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell
Y Randall Ransom
y Ray
Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield

Y Smith,L N Smith,P Y Smith,T Y Smith,W Y Smyre N Snow
Y Stancii,F N Stancii,S
Stanley N Steele Y Stephens Y Streat Y Teper Y Thomas,C
Thomas,M N Thompson Y Thurmond
Titus N Tolbert N Townsend Y Twiggs
N Vaughan N Waddle
Walker,C Walker,L NWall Y Ware Y Watson Y Watts Y White N Wilder N Williams,B E Williams,J N Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 102, nays 55.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Ransom of the 90th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

218

JOURNAL OF THE HOUSE,

Representative Couch of the 36th 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 Allen of the 127th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Due to mechanical malfunction, the vote of Representative Irwin of the 13th was not recorded on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Due to a possible conflict of interest, Representative Mobley of the 64th was excused from voting on HB 198.

Representative Baker of the 51st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

HR 648. By Representative Murphy of the 18th:
A resolution relative to officials, employees, and committees in the House of Representatives; to amend HR 3 adopted at the 1989 session.

HR 649. By Representatives Bargeron of the 108th, Ricketson of the 82nd, Mangum of the 57th and Athon of the 57th:
A resolution commending Molly Parish Howard and inviting her to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 650. By Representative Adams of the 79th: A resolution commending Mrs. Jean Gallman.

HR 651. By Representatives Kilgore of the 42nd, Simpson of the 70th, Watts of the 41st and Davis of the 45th:
A resolution commending Sheriff Earl Daniel Lee.

HR 652. By Representatives Harris of the 84th, Connell of the 87th and Lee of the 72nd:
A resolution commending Georgia Citizens for the Arts.

HR 653. By Representative Meadows of the 91st: A resolution commending Miss Margaret Pitts.

HR 654. By Representatives Clark of the 20th, Lord of the 107th, Stanley of the 33rd, Vaughan of the 20th, Howren of the 20th and others:
A resolution commending Major General James R. Mercer.

TUESDAY, JANUARY 23, 1990

219

HR 655. By Representative Adams of the 79th: A resolution commending Mr. Tom Sullivan.

HR 656. By Representatives Vaughan of the 20th, Ehrhart of the 20th, Howren of the 20th, Clark of the 20th and Thompson of the 20th:
A resolution commending the Marietta High School varsity football team.

HR 657. By Representatives Vaughan of the 20th, Ehrhart of the 20th, Howren of the 20th, Clark of the 20th and Thompson of the 20th:
A resolution commending the McEachern High School varsity football team.

HR 658. By Representatives Tolbert of the 58th, Lawrence of the 49th, Linder of the 44th, Williams of the 48th, Baker of the 51st and others:
A resolution commending Cheryl Finke.

HR 659. By Representatives Patten of the 149th, Beck of the 148th and Reaves of the 147th:
A resolution commending Coach Nick Hyder and the Valdosta High School football team.

HR 660. By Representative Brooks of the 34th: A resolution commending Ms. Mary Black.

HR 661. By Representative Brooks of the 34th: A resolution expressing regret at the untimely passing of Mr. Leon W. Hall.

HR 662. By Representative Brooks of the 34th: A resolution expressing regret at the passing of Mr. Benjamin Van Clarke.

HR 663. By Representatives Brooks of the 34th and Redding of the 50th: A resolution commending Mr. Earl Shinholster.

HR 664. By Representative Brooks of the 34th: A resolution commending Mr. Jackson Pollard.

HR 665. By Representative Mobley of the 64th: A resolution recognizing Barrow County on its 75th birthday.

HR 666. By Representatives Cummings of the 17th, Murphy of the 18th, McKelvey of the 15th, Smith of the 16th and Childers of the 15th:
A resolution commending and congratulating Sara Hightower.

HR 667. By Representative Brooks of the 34th:
A resolution expressing regret at the untimely passing of the Reverend Farrell James Foster.

220

JOURNAL OF THE HOUSE,

HR 668. By Representative Brooks of the 34th: A resolution commending the Reverend Joseph Echols Lowery.

HR 669. By Representative Brooks of the 34th:
A resolution congratulating the Pleasant Grove Baptist Church on the 120th anniversary of its founding.

HR 670. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th and Clark of the 13th:
A resolution commending the Athens Association of Independent Insurance Agents.

HR 671. By Representatives Stephens of the 68th, Thurmond of the 67th, Irwin of the 13th and Clark of the 13th:
A resolution commending the Athens Insurance Center.

HR 672. By Representative Oliver of the 121st: A resolution commending Honorable Perry Lee DeLoach.

HR 673. By Representatives Tolbert of the 58th, Lawrence of the 49th, Linder of the 44th, Williams of the 48th, Baker of the 51st and others:
A resolution commending the Stone Mountain High School Science Team.

HR 674. By Representatives Clark of the 20th, Ehrhart of the 20th, Howren of the 20th, Vaughan of the 20th, Aiken of the 21st and others:
A resolution commending the Cobb County Teen Court.

HR 675. By Representatives Birdsong of the 104th and Jenkins of the 80th: A resolution recognizing and commending Mrs. Jewell B. Burgess.

HR 676. By Representatives Poston of the 2nd and Poag of the 3rd: A resolution commending the Catoosa County All-Stars baseball team.

HR 677. By Representatives Parrish of the 109th, Murphy of the 18th, Parham of the 105th, Cummings of the 17th, Bargeron of the 108th and others:
A resolution expressing regret at the passing of the Honorable Albert D. Clifton.

HR 678. By Representatives Colwell of the 4th, Twiggs of the 4th, Irwin of the 13th and Dover of the 11th:
A resolution commending Mrs. Nan Hamby Short.

HR 679. By Representative Brooks of the 34th:
A resolution expressing regret at the untimely passing of Norbren Muhammad.

TUESDAY, JANUARY 23, 1990

221

HR 680. By Representatives Ware of the 77th, Murphy of the 18th, Watts of the 41st, Groover of the 99th, Walker of the 115th and others:
A resolution commending Honorable George T. Bagby and wishing him a speedy recovery.

HR 681. By Representatives Ricketson of the 82nd, Watts of the 41st, Adams of the 79th, Parrish of the 109th, Parham of the 105th and others:
A resolution urging and encouraging the Supreme Court of the United States to review a lower court decision.

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

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons, numbered 812 through 904, who have registered in the Docket of Legislative Appearance as of January 19, 1990, 3:00 p.m. in accordance with Georgia Law 1970, p. 695 as the same appears of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 19th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

Is/ Max Cleland
Secretary of State

812. D. Gordon Draves Georgians Against Smoking Pollution (GASP) 4145 Rue D'Artagnan Stone Mountain, Ga. 30083
813. Roy C. Hartley Professional Association of Georgia Educators 140 South Mcintosh Street Elberton, Georgia 30635
814. David C. Weaver Sonat, Inc. P. 0. Box 2563 Birmingham, AL 35202
815. Julia Ferguson Sawyer Ga. Citizens for the Arts 33 Walker Terrace Atlanta, Georgia 30309
816. Mina Ferguson Ga. Citizens for the Arts 2530 Brookdale Drive Atlanta, Georgia 30305

817. Jammie M. Philpott Citizens for a Safer Ga. P. 0. Box 611 Reynolds, Georgia 31076
818. Jerry 0. Sorrels Government Employees Ins. Co. 4295 Ocmulgee East Blvd. Macon, Georgia 31295
819. Sherri S. Martin Charter Brook Hospital 3920 N. Peachtree Rd. Atlanta, Georgia 30348
820. Benford Stellmacher Argus Circle Person Care Dean's Personal Care, Inc. Cleveland Ave. Personal Care Marion Reid Personal Care Home 1856 Wells Dr. D-5 Atlanta, Georgia 30310

222

JOURNAL OF THE HOUSE,

821. Ann W. Cramer Georgia Commission on Children & Youth Suite 3145 1201 West Peachtree Street Atlanta, Georgia 30367-1200
822. Rev. Harwood Bartlett Episcopal Diocese of Atlanta 645 Spring Street, N.W. Atlanta, Georgia 30308
823. Charles Lane Drew Citizens for Safe Government 880 West Peachtree P. 0. Box 7600 Atlanta, Georgia 30357
824. Jim Gabriel American Massage Therapy Assn. (A.M.T.A.) Ga. Chapter Informed Health Care Assn. of Georgia, Inc. Georgia Women's Coalition for Medical Freedom, Inc. Cancer Victors, Inc. Neuromuscular Center of Atlanta 3931 Peachtree Road, N.E. Atlanta, Georgia 30319
825. Jim Rudd Legislative Research Agency P. 0. Box 4447 Macon, Georgia 31208
826. Ed Baker Atlanta Advertising Club Advertising Ethics Committee Atlanta Business Chronicle 1801 Peachtree Street Atlanta, Georgia 30309
827. Dorothy B. Parham Citizens for a Safer Georgia Rt. 2, Box 103 Redland Farm Talbotton, Georgia 31827
828. Frank W. Thomason Dalton Public School System Dalton Public Schools P. 0. Box 1408 Dalton, Georgia 30722
829. Patricia F. Carrie're Right to Bite Coalition 2929 Lavista Way Decatur, Georgia 30033

830. Dr. Charles M. Warnock Ga. School Superintendents Association Vidalia City Schools Ga. Assn. of Educational Leaders Professional Association of Georgia Educators 208 College Street Vidalia, Georgia 30474
831. Deedy Feininger Citizen P. 0. Box 52047 Atlanta, Georgia 30355
832. Charlie L. Roberts, Jr. Prof. Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
833. -Chip- R. B. Spradley Georgians Against Smoking Pollution 3093 Dove Way Decatur, Georgia 30033
834. Reva L. Revis Cohn & Wolfe 225 Peachtree Street NE Atlanta, Georgia 30303
835. Ronald Scharback Council for Children, Inc. 100 Edgewood Ave., N.E. Atlanta, Georgia 30303
836. L. Clifford Adams, Jr. Municipal Electric Authority of Georgia Municipal Gas Authority of Georgia Browning-Ferris Industries of Georgia, Inc. 999 Peachtree Street, N.E. Suite 1400 Atlanta, Georgia 30309
837. Holmes Cunningham Prof. Assn. of Ga. Educators 8 Logwood Lane Newnan, Georgia 30265
838. Dr. Tommy R. Lee Prof. Assn. of Ga. Educators 101 College Street P. 0. Box 177 Homerville, Georgia 31634

TUESDAY, JANUARY 23, 1990

223

839. Barbara Howard Christmas Prof. Assn of Ga. Educators Ga. Assn. of Elementary School Principals St. Marys Elementary St. Marys, Georgia 31558
840. John A. Phillips, Jr. Prof. Assn. of Ga. Educators Georgia Assn. of Educational Leaders Georgia School Superintendents Association P. 0. Drawer 1199 Conyers, Georgia 30207
841. Julie Beck Prof. Assn. of Georgia Educators 235 Olde Oak Drive Jonesboro, Georgia 30236
842. Dixie H. Dukes Prof. Assn. of Ga. Educators 2010 Steele Road Griffin, Georgia 30223
843. Carol A. Bradley Prof. Assn. of Ga. Educators 6997 Keene Street Kennesaw, Georgia 30144
844. Faye Wells Prof. Assn. of Ga. Educators Marion City Elementary School P. 0. Box 16 Buena Vista, Georgia 31803
845. Graham Green Prof. Assn. of Ga. Educators 2329 Ava Place Decatur, Georgia 30033
846. Lewis Wright Prof. Assn. of Ga. Educators 1665 Twin Pines Drive Macon, Georgia 31211
847. Frances Edge Prof. Assn. of Ga. Educators Box 86 Chester, Georgia 31012
848. Patrick L. McCullough Prof. Assn. of Ga. Educators Route 1, Box 800 Pine Mountain, Ga. 31822

849. Jimmie Lisa Penland Prof. Assn. of Ga. Educators Route 5, Box 5014 Cleveland, Georgia 30528
850. Martha S. Grindle Prof. Assn. of Ga. Educators Route 5, Box 5014 Cleveland, Georgia 30528
851. Shann Cash Prof. Assn. of Ga. Educators Route 5, Box 5014 Cleveland, Georgia 30528
852. Mrs. Ann Howell Prof. Assn. of Ga. Educators P. 0. Box 16 Buena Vista, Georgia 31803
853. Peggy Stewart Prof. Assn. of Ga. Educators 1308 Highland Avenue Dublin, Georgia 31021
854. Kenneth W. Russell Prof. Assn. of Ga. Educators 335 Warror Path, N.E. Calhoun, Georgia 30701
855. John Sides Prof. Assn. of Ga. Educators 770 Lora Smith Road Newnan, Georgia 30264
856. Marion T. Dunn Prof. Assn. of Ga. Educators East Griffin Elementary High Falls Road Griffin, Georgia 30223
857. Thomas Perry Stewart Prof. Assn. of Ga. Educators 1308 Highland Avenue Dublin, Georgia 31021
858. Carol Broome Prof. Assn. of Ga. Educators 1725 Bill Murdock Road Marietta, Georgia 30062
859. Peter C. Quittmeyer American Family Life Assurance Company 20 Technology Parkway Norcross, Georgia 30092
860. John W. Walker Prof. Assn. of Ga. Educators 4502 Clement Drive, S.W. Atlanta, Georgia 30331

224

JOURNAL OF THE HOUSE,

861. Gwen S. Flanders Prof. Assn. of Ga. Educators Georgia Retired Teachers Association Pine Street Scotland, Georgia 31083
862. Doris C. Van Hoozer Atlanta Alzhiemers Chapter P. 0. Box 525 Morrow, Georgia 30260
863. Gary Walker Prof. Assn. of Ga. Educators 310 Old Mill Road Cartersville, Georgia 30120
864. Wallace A. Huey Prof. Assn. of Ga. Educators 96 40th Street Columbus, Georgia 31904
865. lma Jean W. Mitchell Prof. Assn. of Ga. Educators Jackson Heights School Albany, Georgia 31705
866. Carol D. Dinkins Prof. Assn. of Ga. Educators Jackson Heights Elementary Albany, Georgia 31705
867. Joyce Montine Joiner Prof. Assn. of Ga. Educators Jackson Heights Elementary Albany, Georgia 31705
868. Gail Wilcher Prof. Assn. of Ga. Educators Mt. Pleasant Road Thomson, Georgia 30824
869. Wanda Jenkins Prof. Assn. of Ga. Educators 303 Milledge Street Thomson, Georgia 30824
870. Belinda Carter Turner Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
871. Kathryn J. Gardner Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021

872. Lori Ann Washam Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
873. Ashley R. James Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
874. Gloria Sally Bellew Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
875. Joann Hutcheson Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
876. Kristin S. White Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
877. Jackie Castleman Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
878. John C. Reed Professional Assn. of Georgia Educators Georgia Music Educators Assn. Wilkinson County High School Highway 57 West Irwinton, Georgia 31042
879. Donna Alisa Slater Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
880. Doris E. Gunter Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021

TUESDAY, JANUARY 23, 1990

225

881. Melba S. Claxton Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
882. Cynthia R. Slater Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
883. Cindy Williams Student Professional Assn. of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
884. Judith L. Long Professional Assn. of Georgia Educators North Georgia College Education Department Dahlonega, Georgia 30597
885. Gary D. Yetter Professional Assn. of Georgia Educators 150 Hunt Street Parkway Norcross, Georgia 30243
886. Susan B. Steffey Professional Assn. of Georgia Educators Coal Mountain Elementary 3455 Coal Mountain Drive Cumming, Georgia 30130
887. Leigh M. Orr Professional Assn. of Georgia Educators Coal Mountain Elementary 3455 Coal Mountain Drive Cumming, Georgia 30130
888. Ginger Clark Professional Assn. for Georgia Educators Citizen 2400 Stanton Road Conyers, Georgia 30208
889. Jane Lee Prof. Association of Georgia Educators Forsyth County Prof. Assn. of Georgia Educators 135 Elm Street Cumming, Georgia 30130

890. Jeffrey M. Haskin, (ESQ) Crime Victims Advocacy Council Candler Park Neighborhood Mediation for Georgia Attorney Licensed in Georgia Unitarian Universialist Congregation of Atlanta Citizen 02 Luckie Street, N. W. Suite 200 Atlanta, Georgia 30303
891. Lu Cain Professional Assn. of Georgia Educators Forsyth County Professional Assn. of Georgia Educators 135 Elm Street Cumming, Georgia 30130
892. Dee Scott Professional Association of Georgia Educators Perry Middle School Sunshine Avenue Perry, Georgia 31069
893. John Holloway Professional Association of Georgia Educators 719 McLendon Street Ashburn, Georgia 31714
894. Madolyn H. Schewe Professional Association of Georgia Educators Jones County High School Gray, Georgia 31032
895. John C. Magnan Professional Assn. of Georgia Educators Jefferson County Board of Education 431 West 9th Street Louisville, Georgia 30434
896. Debby Garrett-Reed Professional Assn. of Georgia Educators 703 Euclid Avenue Dublin, Georgia 31021
897. Holly B. Surowiec Professional Assn. of Georgia Educators Stone Mountain Elementary 6720 Memorial Drive Stone Mountain, Ga. 30083

226

JOURNAL OF THE HOUSE,

898. Martha Ellen Bumbalough Citizen 6720 Memorial Drive Stone Mountain, Ga. 30083
899. Shirley H. Hobby Professional Assn. of Georgia Educators 123 O'Connor Drive Milledgeville, Georgia 31061
900. Scott Mall FMC Corporation 1360 Peachtree Street Atlanta, Georgia 30309
901. Paul L. Shanor Georgia Health Network Medical Assn. of Georgia MAG Mutual Insurance Co. 938 Peachtree Street Atlanta, Georgia 30309

902. Homer Flynn Tower Package Store Green Package Store 2159 McKinley Road N.W. Atlanta, Georgia 30318
903. James S. Turpin National Solid Waste Management Assn. 1730 Rhode Island Avenue Suite 1000 Washington, DC 20036
904. Marilyn M. Self American Red Cross Metropolitan Atlanta Ch. 1955 Monroe Drive Atlanta, Georgia 30324

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 649 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 Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morn mg.

WEDNESDAY, JANUARY 24, 1990

227

Representative Hall, Atlanta, Georgia Wednesday, January 24, 1990

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

The roll was called and the following Representatives answered to their names:

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

Cheeks Childers Clark,B Clark,H Clark,L Coleman Colwell Connell Crawford Crosby Cummings,B Cummings,M Davis,C Davis,G Davis,M Dixon,S Dobbs Dover Dunn Edwards Ehrhart Felton
Fennel Floyd,J.M Floyd,J.W
Foster Godbee Goodwin
Green
Greene
Gresham
Griffin
Groover

Hamilton Harris Hasty Heard Herbert Holcomb Holland Holmes Hooks Howren Hudson Irwin Isakson Jackson,J Jackson,W Jamieson Jenkins Johnson Jones Kilgore Kingston
Lane,D
Lane,R Langford Lawrence
Lawson Lee
Linder
Long Lord Lupton
Mangum
McCoy

McDonald McKelvey McKinney,B McKinney,C Meadows Mobley Moody Morton Mueller Oliver,C Oliver,M Orr Orrock Padgett Pannell Parham Parrish Patten Poag Porter Poston Powell
Randall Ransom
Reaves
Redding Richardson Ricketson
Robinson Royal Selman
Simpson
Sinkfield

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

Prayer was offered by the Reverend Joseph Roberts, Pastor, Ebenezer Baptist Church, Atlanta, Georgia.

Representative Bargeron of the 108th, 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.

228

JOURNAL OF THE HOUSE,

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

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

HB 1447. By Representatives Robinson of the 96th, McDonald of the 12th and Thurmond of the 67th:
A bill to amend Code Section 48-9-10 of the Official Code of Georgia Annotated, relating to refunds of motor fuel taxes, so as to change certain provisions regarding refunds to certain sellers of motor fuel at retail; to authorize certain refunds as compensation to cover expenses in collecting motor fuel taxes.
Referred to the Committee on Ways & Means.

HB 1448. By Representatives Wilder of the 21st, Atkins of the 21st, McCoy of the 1st, Titus of the 143rd, Powell of the 145th and others:
A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to procedure and penalties upon violation of Code Section 3-3-23, so as to change certain penalty provisions relating to the purchase of alcoholic beverages by a person under 21 years of age.
Referred to the Committee on Regulated Beverages.

HB 1449. By Representative Robinson of the 96th:
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 revise the laws relating to trade secrets; to provide a short title.
Referred to the Committee on Industry.

HB 1450. By Representative Langford of the 7th:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide that certain costs may be paid by the party not prevailing or the party dismissing the case or may be paid in accordance with an agreement entered into by the parties or, in equity cases, as ordered by the court.
Referred to the Committee on Judiciary.

HB 1451. By Representatives Langford of the 7th and Poston of the 2nd:
A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions in general, so as to provide that in any case pending in this state where evidence of a collateral source is presented, the collateral source shall be subrogated to the extent of payment made provided that such subrogation is secondary to full recovery by a plaintiff and provided that the subrogated party shall pay prorated attorneys' fees.
Referred to the Committee on Judiciary.

WEDNESDAY, JANUARY 24, 1990

229

HB 1452. By Representative Langford of the 7th:
A bill to amend Code Section 40-9-5 of the Official Code of Georgia Annotated, relating to the application of the "Motor Vehicle Safety Responsibility Act" to nonresidents, unlicensed drivers, and unregistered vehicles, so as to provide that all nonresident owners and operators of motor vehicles operated within this state shall comply with all of the financial responsibility laws contained in this chapter.
Referred to the Committee on Motor Vehicles.

HB 1453. By Representative Pannell of the 122nd:
A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to include the act of sexual intercourse as an aggravating circumstance of the offense of aggravated child molestation.
Referred to the Committee on Judiciary.

HB 1454. By Representatives Pannell of the 122nd, Oliver of the 53rd, Robinson of the 96th and Dixon of the 128th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offenses of criminal sexual conduct with a minor and aggravated criminal sexual conduct with a minor.
Referred to the Committee on Judiciary.

HB 1455. By Representatives Pannell of the 122nd, Dixon of the 128th, Allen of the 127th, Mueller of the 126th and Kingston of the 125th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to authorize a county governing authority which operates a county probation system to contract with a private corporation for probation services for misdemeanants sentenced in the state court of the county.
Referred to the Committee on State Planning & Community Affairs.

HB 1456. By Representative Langford of the 7th:
A bill to amend Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records, so as to provide that a qualified representative of a deceased patient's estate may obtain the medical records of such deceased patient.
Referred to the Committee on Special Judiciary.

HB 1457. By Representatives Martin of the 26th and Richardson of the 52nd:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change substantially the conditions under which the department may grant variances and waivers to rules and regulations establishing standards for certain facilities; to provide that such variances may be granted if strict compliance would cause hardship.
Referred to the Committee on Health & Ecology.

230

JOURNAL OF THE HOUSE,

HB 1458. By Representative Barnett of the 59th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses, so as to authorize driver improvement clinics to offer the alcohol and drug course required for issuance of a driver's license to a person under age 18; to provide for a fee for such course.
Referred to the Committee on Motor Vehicles.

HB 1459. By Representatives Pettit of the 19th, Mobley of the 64th, Thomas of the 69th, Morton of the 47th, Abernathy of the 39th and others:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to change the provisions relating to the definition of certain terms; to provide for the designation and additional regulation of designated dealers, limited dealers, designated salesmen, and limited salesmen and the sales of certain low priced designated securities; to provide for additional training for certain designated salesmen.
Referred to the Committee on Industry.

HB 1460. By Representatives Aiken of the 21st, Atkins of the 21st, Howren of the 20th, Wilder of the 21st, Isakson of the 21st and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation and duties of county boards of equalization, so as to provide that the governing authority of a county having more than one county board of equalization may elect to have the members and alternate members of each such board appointed in even-numbered years.
Referred to the Committee on Ways & Means.

HB 1461. By Representative Long of the 142nd:
A bill to amend an Act providing a new charter for the City of Whigham, so as to change the provisions relating to the election and terms of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1462. By Representative Moultrie of the 93rd:
A bill to provide a $4,000.00 homestead exemption from City of Shiloh ad valorem taxes for certain residents of that city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1463. By Representative Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to add certain language to the definition of "investment adviser"; to provide that a person shall not hold himself out as an investment adviser or financial planner unless such person is registered as such under this chapter.
Referred to the Committee on Banks & Banking.

WEDNESDAY, JANUARY 24, 1990

231

HB 1464. By Representatives Alford of the 57th, Mangum of the 57th, Oliver of the 53rd, Baker of the 51st, Lawrence of the 49th and others:
A bill to abolish the office of elected county surveyor of DeKalb County; to provide for the appointment of said official by the county governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1465. By Representatives Jamieson of the lith, Reaves of the 147th, Royal of the 144th, Porter of the li9th, Parham of the 105th and others:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to the filing of campaign contribution disclosure reports, so as to provide that elected soil and water conservation district supervisors shall not be required to file campaign contribution disclosure reports.
Referred to the Committee on Governmental Affairs.

HB 1466. By Representatives Ware of the 77th, Lawson of the 9th, Dunn of the 73rd, Griffin of the 6th and Ricketson of the 82nd:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions with respect to insurance, so as to authorize the Commissioner of Insurance to investigate reports of fraudulent insurance acts; to authorize the Commissioner of Insurance to collect evidence, request the attendance of witnesses, and administer oaths in connection with an investigation.
Referred to the Committee on Insurance.

HB 1467. By Representatives Ware of the 77th, Lawson of the 9th, Dunn of the 73rd, Griffin of the 6th and Ricketson of the 82nd:
A bill to amend Code Section 33-21-28 of the Official Code of Georgia Annotated, relating to the applicability of Title 33 and other laws to health maintenance organizations and their representatives, so as to authorize health maintenance organizations to contract with federal or state agencies to provide specific services necessary for the benefit of medicare or Medicaid recipients.
Referred to the Committee on Insurance.

HB 1468. By Representatives Royal of the 144th, Reaves of the 147th, Jamieson of the lith, Hudson of the li7th, Greene of the 130th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the state sales and use tax, so as to provide for an exemption for sales of certain fuel used to heat structures in which pigs, hogs, or other swine are raised.
By unanimous consent, HB 1468 was ordered engrossed.
Referred to the Committee on Ways & Means.

232

JOURNAL OF THE HOUSE,

HB 1469. By Representative Dunn of the 73rd:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that individual, group, or blanket policies of accident and sickness insurance which provide coverage for a diagnostic or surgical procedure involving a bone or joint of the skeletal structure shall not exclude or deny coverage for the same diagnostic or surgical procedure if it involves a bone or joint of the head, neck, or face.
Referred to the Committee on Insurance.

HB 1470. By Representatives Colwell of the 4th, Twiggs of the 4th, Irwin of the 13th, Dover of the 11th and Murphy of the 18th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate "The Reach of Song" as the official state historic drama.
Referred to the Committee on State Planning & Community Affairs.
HB 1471. By Representatives Barnett of the 59th and Bannister of the 62nd:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that public disclosure of the names of applicants is not required for certain public positions.
Referred to the Committee on Governmental Affairs.

HB 1472. By Representatives Barnett of the 59th and Bannister of the 62nd:
A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration of motor vehicles generally, so as to require a landlord to notify the local tag agent upon rental of property to a tenant whose last previous residence was outside the State of Georgia; to provide for notice to the tenant to register such tenant's motor vehicle within such county.
Referred to the Committee on Motor Vehicles.

HB 1473. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Breedlove of the 60th, Wall of the 61st and others:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for imposition of special purpose county sales and use taxation, so as to provide as an authorized purpose of the tax a capital outlay project pursuant to an intergovernmental agreement between a county and a school district of the county.
Referred to the Committee on Ways & Means.

HB 1475. By Representatives Felton of the 22nd, Lane of the 27th, Couch of the 36th, Holmes of the 28th and Campbell of the 23rd:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, known as "The Zoning Procedures Law," so as to change definitions; to define additional terms to change the provisions relating to standards for the exercise of zoning powers by local governments.
Referred to the Committee on State Planning & Community Affairs.

WEDNESDAY, JANUARY 24, 1990

233

HB 1476. By Representatives Alford of the 57th, Athon of the 57th, Mangum of the 57th, Baker of the 51st, Lane of the 27th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for specific dates for special elections held in nongeneral election years; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in nongeneral election years, special elections for bonds, local option sales tax, or permission to manufacture, sell and distribute distilled spirits shall be held on specific dates.
Referred to the Committee on Regulated Beverages.

HB 1477. By Representatives Davis of the 72nd, Holcomb of the 72nd, Bailey of the 72nd, Lee of the 72nd, Clark of the 20th and others:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions concerning dangerous instrumentalities and practices, so as to provide that any person who is in possession of explosives during the commission of or attempt to commit certain crimes commits a felony.
Referred to the Committee on Judiciary.

HB 1478. By Representatives Davis of the 72nd, Holcomb of the 72nd, Lee of the 72nd, Bailey of the 72nd, Isakson of the 21st and others:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the cancellation, suspension, and revocation of licenses, so as to require a law enforcement officer to demand a chemical test of any person charged with a traffic violation involving any traffic accident resulting in a serious injury or fatality.
Referred to the Committee on Public Safety.

HB 1479. By Representatives Davis of the 72nd, Holcomb of the 72nd, Lee of the 72nd, Bailey of the 72nd, Isakson of the 21st and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that symbolic speech may constitute opprobrious or abusive language as justification for assault or battery; to provide that opprobrious or abusive language may be justification for assault or battery.

HB 1480. By Representatives Aaron of the 56th, Richardson of the 52nd, Redding of the 50th and Moultrie of the 93rd:
A bill to amend Code Section 48-5-512 of the Official Code of Georgia Annotated, relating to the issuance of executions against public utilities failing to file returns with the state revenue commissioner, so as to authorize the state revenue commissioner or the tax collector or tax commissioner of each county to issue executions against public utilities for the amount of taxes due the state, the county, a county school district, or any municipality within the county.
Referred to the Committee on Ways & Means.

234

JOURNAL OF THE HOUSE,

HB 1481. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that under certain circumstances a stepparent who has been awarded custody of a child is entitled to the services of the child and the proceeds of his labor; to provide that a stepparent who has been awarded custody of a child shall have certain obligations to the child.
Referred to the Committee on Special Judiciary.

HB 1482. By Representatives Hanner of the 131st, Ray of the 98th and Smith of the 152nd:
A bill to amend Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes, so as to change the effective date of the census for the purpose of certain laws providing for the compensation of certain local officials.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1483. By Representative Poag of the 3rd:
A bill to amend an Act creating the office of commissioner of Murray County, so as to create a five-person Board of Commissioners of Murray County to succeed to the powers and duties of the current board and to exercise other powers and duties.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 645. By Representatives Ware of the 77th and Milam of the 81st: A resolution compensating Jeanne Marie Hagler.
Referred to the Committee on Appropriations.

HR 646. By Representatives Ehrhart of the 20th, Morton of the 47th, Mueller of the 126th and Howren of the 20th:
A resolution proposing an amendment to the Constitution so as to provide that members of the State Board of Pardons and Paroles shall be elected rather than appointed; to provide that the chairman shall be appointed by the Governor.
Referred to the Committee on Governmental Affairs.

HR 647. By Representatives Tolbert of the 58th, Bannister of the 62nd, Lawrence of the 49th, Linder of the 44th, Williams of the 48th and others:
A resolution creating the State Public Authorities Study Committee.
Referred to the Committee on Rules.

HR 682. By Representative Smith of the 16th: A resolution compensating the Richard B. Russell Airport.
Referred to the Committee on Appropriations.

By unanimous consent, the following Bill of the House was read the first time and withdrawn from further consideration:

WEDNESDAY, JANUARY 24, 1990

235

HB 1479. By Representatives Davis of the 72nd, Holcomb of the 72nd, Lee of the 72nd, Bailey of the 72nd, Isakson of the 21st and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that symbolic speech may constitute opprobrious or abusive language as justification for assault or battery; to provide that opprobrious or abusive language may be justification for assault or battery.

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

HB 1413 HB 1414 HB 1415 HB 1416 HB 1417 HB 1418 HB 1419 HB 1420 HB 1421 HB 1422 HB 1424 HB 1425 HB 1426 HB 1427 HB 1428 HB 1429 HB 1430 HB 1431 HB 1432 HB 1433 HB 1434 HB 1435 HB 1436

HB 1437 HB 1438 HB 1439 HB 1440 HB 1441 HB 1442 HB 1443 HB 1444 HB 1445 HB 1446 HB 1474 HR 639 HR 640 HR 641 HR 642 SB 250 SB 414 SB 415 SB 416 SB 417 SB 497 SR 305

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1288 Do Pass, by Substitute HB 1374 Do Pass
Respectfully submitted,
Is/ McDonald of the 12th
Chairman

Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

236

JOURNAL OF THE HOUSE,

Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1094 Do Pass HB 1167 Do Pass, by Substitute HB 1171 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 28th
Chairman

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 13 Do Not Pass SB 433 Do Pass, by Substitute HB 1426 Do Pass
Respectfully submitted, /s/ Ware of the 77th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1321 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1389 Do Pass, as Amended
Respectfully submitted, /s/ Jackson of the 9th
Chairman

WEDNESDAY, JANUARY 24, 1990

237

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

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

SB 262 Do Pass, by Substitute HB 1246 Do Pass HB 1201 Do Pass, by Substitute

HB 1359 Do Pass HB 1436 Do Pass HB 1435 Do Pass

Respectfully submitted, /s/ Twiggs of the 4th
Chairman

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

Mr. Speaker:

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

HR 578 Do Pass HR 580 Do Pass HR 586 Do Pass

HR 587 Do Pass, as Amended SB 354 Do Pass, as Amended

Respectfully submitted, /s/ Colwell of the 4th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1290 Do Pass, by Substitute HB 1396 Do Pass HB 1398 Do Pass HB 1399 Do Pass HB 1400 Do Pass

HB 1401 Do Pass HB 1403 Do Pass HB 1404 Do Pass HB 1407 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:

238

JOURNAL OF THE HOUSE,

Your Committee on University System of Georgia has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1313 Do Pass
Respectfully submitted, /s/ Buck of the 95th
Chairman

The Speaker Pro Tern assumed the Chair.

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

HB 1401. By Representative Birdsong of the 104th:
A bill to provide that residents of the City of lvey who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn
Y Birdsong Y Bishop.
Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks

Childers Y Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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 Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene Gresham
Y Griffin Groover
Y Hamilton Hanner

Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Y Irwin
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
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald McKelvey

McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit
Pinkston
Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom YRay
Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield

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

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

WEDNESDAY, JANUARY 24, 1990

239

HB 1403. By Representative Birdsong of the 104th:
A bill to restate and reenact a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County; to increase certain income qualifications of individuals 65 years of age or older.

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

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

Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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 Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Y Green
Y Greene
Gresham Y Griffin
Groover
Y Hamilton
Hanner

Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson
Y Irwin
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 Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
McDonald McKelvey

McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinkston
Y Poag Y Porter Y Poston Y Powell y Randall
Y Ransom
YRay Y Reaves
Redding Richardson
Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield

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

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

HB 1404.

By Representative Birdsong of the 104th:
A bill to amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County who is age 65 or older and who meets certain income qualifications, so as to increase the maximum amount of income a resident 65 or older may receive in order to be eligible to receive a certain homestead exemption.

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

240

JOURNAL OF THE HOUSE,

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

Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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 Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes YHooks 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
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 McKelvey

McKinney,B
Y McKinney,C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock
Y Padgett Y Pannell YParharn Y Parrish
Y Patten Pettit Pinkston
Y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom y Ray
Y Reaves Redding Richardson
Y Ricketson Y Robinson y Royal
Y Sehnan Y Simpson Y Sinkfield

Y Smith,L Smith,P
Y Smith,T YSmith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Y Stanley Y Steele Y Stephens
Y Streat Y Teper YThomas,C YThomas,M Y Thompson Y Thurmond Y Titua Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C
Walker,L Wall Y Ware
Watson Y Watts
White Wilder Williarns,B E Williarns,J Y Yates Y Yeargin Murphy,Spkr

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

By unanimous consent, the following Bill of the House was again taken up for consideration:

HB 1290.

By Representative Oliver of the 121st:
A bill to amend an Act to create a new charter for the City of Reidsville, so as to remove certain limitations regarding the eligibility of the mayor to serve more than two successive terms of office.

The following Committee substitute was read and adopted:

A BILL
To amend an Act to create a new charter for the City of Reidsville, approved March 13, 1978 (Ga. L. 1978, p. 3273), as amended, so as to remove certain limitations regarding the eligibility of the mayor to serve more than two successive terms of office; to provide for a referendum; 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 to create a new charter for the City of Reidsville, approved March 13, 1978 (Ga. L. 1978, p. 3273), as amended, is amended by striking Section 2.10 which reads as follows:
"Section 2.10. Limitation on Terms of Service. No mayor elected and qualified for two successive terms shall be eligible for the succeeding term of office.",

WEDNESDAY, JANUARY 24, 1990

241

and inserting in its place a new Section 2.10 to read as follows: "Section 2.10. Reserved."
Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Reidsville 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 Reidsville for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the 1990 state-wide general election and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Tattnall County. The ballot shall have written or printed thereon the words:

"( YES ) NO

Shall the Act be approved which removes the limitation providing that no mayor of the City of Reidsville elected and qualified for two successive terms shall be eligible for the succeeding term of office?"

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, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, 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 Reidsville. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 3. Except as otherwise provided in Section 2 of this Act, 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
Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove

Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks
Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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 Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Y Green
Y Greene
Gresham Y Griffin
Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard

Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
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
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald McKelvey McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish

242

JOURNAL OF THE HOUSE,

Y Patten Pettit Pinkston
Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom
Y Ray
Y Reaves

Redding
Richardson Y Ricketson
Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield Y Smith,L
Smith,P Y Smith,T

Y Smith,W Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C

Y Thomas,M Y Thompson
Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker,C
Walker,L

Wall Y Ware
Watson Y Watts
White Wilder Williams,B E Williams,J Y Yates
Y Yeargin Murphy,Spkr

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

HB 1396. By Representatives Hamilton of the 124th, Mueller of the 126th, Johnson of the 123rd, Kingston of the 125th and Pannell of the 122nd:
A bill to create the Intergovernmental Council of Chatham County.

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

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

Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch
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 Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Y Green
Y Greene
Gresham Y Griffin
Groover Y Hamilton
Hanner

Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson
Y Irwin 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 Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
McDonald McKelvey

McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller
Y Oliver,C Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten
Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall
Y Ransom y Ray
Y Reaves Redding
Richardson Y Ricketson
Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield

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

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

WEDNESDAY, JANUARY 24, 1990

243

HB 1398.

By Representatives Isakson of the 21st, Clark of the 20th, Gresham of the 21st, Aiken of the 21st, Thompson of the 20th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to clarify the terms of office of its members.

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

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

Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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 Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Y Green Y Greene
Gresham YGriffin
Groover Y Hamilton
Hanner

Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J 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 Y Lucas Y Lupton
Y Mangum
Y Martin Y McCoy
McDonald McKelvey

McKinney,B
Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinkston Y Poag Y Porter Y Poston Y Powell y Randall Y Ransom y Ray
Y Reaves Redding
Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

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

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

HB 1399.

By Representative Floyd of the 135th:
A bill to amend an Act providing for the purposes of the Cordele Office Building Authority, so as to change such purposes.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen

Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck

Y Benefield Y Benn Y Birdsong Y Bishop
Bostick Y Branch

Y Breedlove Brooks
Y Brown Y Buck Y Buford Y Byrd

244
Y Campbell Y Carrell
Carter 'y Chambless Y Chance Y Cheeks
Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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 Y Fennel

JOURNAL OF THE HOUSE,

Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin
Y Green
Y Greene Gresham
Y Griffin
Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
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
Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
McDonald McKelvey McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Oliver,M Y Orr

Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten
Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall
Y Ransom y Ray
Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield Y Smith,L
Smith,P Y Smith,T Y Smith,W
Smyre
Y Snow

Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker,C
Walker,L Wall Y Ware
Watson Y Watts
White Wilder Williams,B E Williams,J Y Yates
Y Yeargin Murphy,Spkr

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

HB 1400. By Representative Birdsong of the 104th:
A bill to amend an Act placing the sheriff of Wilkinson County on an annual salary, so as to provide that sheriffs automobiles shall be replaced at 100,000 miles; to provide that automobiles with over 100,000 miles may be used on a part-time basis for nonpursuit purposes.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove

Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks
Childers Y Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell
Connell Couch 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 Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene Gresham
Y Griffin
Groover Y Hamilton
Hanner
Y Harris Y Hasty Y Heard

Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackaon,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
Y Lucas
Y Lupton
Y Mangum
Y Martin Y McCoy
McDonald McKelvey
McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish

WEDNESDAY, JANUARY 24, 1990

245

Y Patten Pettit Pinkston
Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom Y Ray Y Reaves

Redding Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L
Smith,P Y Smith,T

Y Smith,W
Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C

Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker,C
Walker,L

Wall Y Ware
Watson Y Watts
White Wilder Williams,B E Williams,J Y Yates Y Yeargin Murphy,Spkr

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

HB 1407.

By Representative Yeargin of the 14th:
A bill to amend an Act reconstituting and re-creating the Board of Education of Elbert County, so as to provide for the monthly compensation and expenses for the members of the Board of Education of Elbert County; to provide for authority.

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

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

Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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 Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Y Goodwin
Y Green
Y Greene
Gresham YGriffin
Groover Y Hamilton
Hanner

Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J 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 Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
McDonald McKelvey

McKinney,B Y McKinney,C
Y Meadows
YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Y Parham
Y Parrish Y Patten
Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom y Ray
Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield

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

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

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Industry and referred to the Committee on Insurance:

246

JOURNAL OF THE HOUSE,

SB 125. By Senator Shumake of the 39th:
A bill to amend Article 2 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing and regulation of agents, brokers, and others for property, casualty, or surety insurance, so as to provide for prior written notice to be given when an insurer terminates the certificate of authority of a property, casualty, or surety agent.

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

HB 1296. By Representatives Jackson of the 9th, Barnett of the lOth and Harris of the 84th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," so as to continue the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers but provide for a later termination of the board and the repeal of the laws relating thereto.

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

Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford
Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Barnett,M
Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks YBrown Y Buck Y Buford
Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman
Y Colwell Connell
Y Couch Y Crawford Y Crosby
Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H
Dixon,S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
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 Y McKinney,C
Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett
Pannell Y Parham Y Parrish
Y Patten Pettit
Y Pinkston Y Poag Y Porter Y Poston Y Powell 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 Y Steele Y Stephens
Y Streat 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 Wilder Y Williams,B E Williarns,J Y Yates Y Yeargin Murphy,Spkr

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

WEDNESDAY, JANUARY 24, 1990

247

The Speaker assumed the Chair.

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

HR 649. By Representatives Bargeron of the 108th, Ricketson of the 82nd, Mangum of the 57th and Athon of the 57th:
A resolution commending Molly Parish Howard and inviting her to appear before the House of Representatives.

Representative Redding of the 50th moved that the following Bill of the Senate be taken from the table:

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.

On the motion, the roll call was ordered and the vote was as follows:

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

Y Childers Y Clark,B Y Clark,H
Clark,L Y Coleman Y Colwell Y Connell Y Couch 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
Floyd,J.M Y Floyd,J.W
Foster
Godbee Y Goodwin
Y Green Y Greene
Gresham Griffin
Groover Y Hamilton Y Hanner

Y Harris Y Hasty Y Heard Y Herbert
Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D
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

On the motion, the ayes were 144, nays 0. The motion prevailed.

Y McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall
Y Ransom Ray
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Smith,P Smith,T
Y Smith,W Smyre
Y Snow Stancil,F
Y Stancil,S Y Stanley
Y Steele Stephens
Y Streat Y Teper Y Thomas,C YThomas,M
Y Thompson Thurmond
Y Titus Y Tolbert
Y Townsend Y Twigga Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall YWare Y Watson Y Watts
White Wilder Y Williams,B E Williams,J
Y Yates Y Yeargin
Murphy,Spkr

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

248

JOURNAL OF THE HOUSE,

SB 433. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to motor vehicle insurance premium reduction upon completion of certain defensive driving courses, so as to provide for additional approved driver improvement clinics which teach defensive driving courses.

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

HB 1406. By Representatives Beck of the 148th, Pinkston of the 100th, Padgett of the 86th and Connell of the 87th:
A bill to amend Chapter 5 of Title 7 of the Official Code of Georgia Annotated, relating to credit cards and credit card banks, so as to revise the provisions relative to the interest, finance charges, and other fees and charges which may be imposed and collected by a domestic lender or credit card bank; to provide that certain charges and fees shall be deemed to be interest for the purposes of certain state and federal laws.

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

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

N Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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,J.M
Floyd,J.W
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 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 Y McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y 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 Y Stephens Y Streat 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 YWall
Y Ware
Y Watson Y Watts
White Wilder Y Williams,B E Williams,J
Y Yates Y Yeargin
Murphy,Spkr

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

WEDNESDAY, JANUARY 24, 1990

249

HB 1295. By Representatives Jackson of the 9th, Barnett of the lOth and Harris of the 84th:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving proof of financial responsibility, so as to remove the requirement that certain accidents be reported to the Department of Public Safety.

The report of the Committee, which was favorable to the passage of 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 Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Chambless Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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 Edwards
Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Foster Godbee Y Goodwin Y Green Y Greene 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 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 Y McDonald Y McKelvey

McKinney,B McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson y Royal Y Selman
Y Simpson Y Sinkfield

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

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

HB 222. By Representatives Clark of the 20th, Randall of the lOlst, Howren of the 20th, Atkins of the 21st, Isakson of the 21st and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain designations of "referee" to "juvenile court magistrate" and designations of "traffic referee" to "juvenile court traffic magistrate"; to provide for additional orders of disposition for delinquent children.

The following Committee substitute was read and adopted:

250

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain designations of "referee" to "associate juvenile court judge" and designations of "traffic referee" to "associate juvenile court traffic judge"; to change certain definitions; to provide for additional orders of disposition for delinquent children; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking paragraphs (9) and (10) of Code Section 15-11-2, relating to definitions, and inserting in their place new paragraphs (9) and (10) to read as follows:
"(9) 'Judge' means judge or judges of the court exercising jurisdiction over juvenile matters. Such term shall not mean ()! include an associate juvenile court judge ()! associate juvenile court traffic judge unless specifically ~ stated.
(10) 'Juvenile court intake officer' means the juvenile court judge, referee associate juvenile court judge, court service worker, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is none, the superior court judge, which person is on duty for the purpose of determining whether any child taken into custody should be released or detained and, if detained, the appropriate place of detention. Each superior or juvenile court judge shall provide for one of the above persons to be on duty or on call as an intake officer during each 24 hour period."
Section 2. Said chapter is further amended by striking Code Section 15-11-3.1, relating to order of appointment of judges, and inserting in its place a new Code section to read as follows:
"15-11-3.1. (a) Whenever a juvenile court judge is appointed pursuant to Code Section 15-11-3, it shall be the duty of the clerk of the superior court to forward to the Secretary of State and to the Council of Juvenile Court Judges a certified copy of the order of appointment. The order of appointment shall set out the name of the person appointed, the term of office, the effective date of the appointment, the name of the person being succeeded, if any, and whether the office was vacated by resignation, death, or otherwise. Upon receipt of said order, the Secretary of State shall issue a commission as for superior court judges.
(b) Whenever a referee associate juvenile court judge is appointed to serve in a juvenile court, the clerk of the court shall forward a certified copy of the order of appointment to the Council of Juvenile Court Judges."
Section 3. Said chapter is further amended by striking Code Section 15-11-4.1, relating to training seminars for judges and referees, and inserting in its place a new Code section to read as follows:
"15-11-4.1. (a) The Council of Juvenile Court Judges shall establish seminars for all judges and referees associate juvenile court judges exercising juvenile court jurisdiction and may make provisions relative to those seminars; provided, however, that all seminars will be held within this state.
(b) These seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family structure, and such other training and activities as the council may determine would promote the quality of justice in the juvenile court system.
(c) Expenses of administration of this seminar program and reasonable expenses incurred by the judges or referees associate juvenile court judges in attending these seminars shall be paid from state funds appropriated for the council for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources. These expenses for judges and referees associate juvenile court judges shall not exceed the allowances allowed members of the General Assembly.
(d) Each judge exercising juvenile jurisdiction shall participate in at least one seminar established by the Council of Juvenile Court Judges each year. Superior court judges

WEDNESDAY, JANUARY 24, 1990

251

may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute for Continuing Judicial Education of Georgia. Such judges shall not exercise juvenile court jurisdiction after January 1, 1983, unless the Council of Juvenile Court Judges certifies that annual training has been accomplished or unless the judge is in the first year of his initial appointment."
Section 4. Said chapter is further amended by striking Code Section 15-11-10, relating to appointment of referees, and inserting in its place a new Code section to read as follows:
"15-11-10. (a) The judge may appoint one or more persons to serve as referee associate juvenile court judge in juvenile matters on a full or part-time basis. The referee associate juvenile court judge shall serve at the pleasure of the judge, and his salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which he is appointed. The salary of each ref.. eree associate juvenile court judge shall be paid from county funds. A referee associate juvenile court judge shall be a member of the State Bar of Georgia or shall be a graduate of a law school; provided, however, that any person serving as a referee on July 1, 1983, shall be qualified for appointment thereafter to serve as a referee associate juvenile court judge.
(b) The judge may direct that hearings in any case or class of cases involving alleged delinquent, unruly, or deprived children shall be conducted in the first instance by the referee associate juvenile court judge in the manner provided by this article. Before commencing the hearing, the referee associate juvenile court judge shall inform the parties who have appeared that they are entitled to have the matter heard by the judge. If a party so requests, the hearing shall be conducted only by the judge.
(c) Upon the conclusion of a hearing before a referee associate juvenile court judge, the referee associate juvenile court judge shall transmit his findings and recommendations for disposition in writing to the judge. Prompt written notice of the findings and recommendations, together with copies thereof, shall be given to the parties to the proceedings. The written notice shall also inform them of the right to a rehearing before the judge.
(d) A rehearing may be ordered by the judge at any time and shall be ordered if a party files a written request therefor within five days after receiving the notice required in subsection (c) of this Code section.
(e) Unless a rehearing is so ordered, the findings and recommendations become the findings and order of the court when confirmed in writing by the judge."
Section 5. Said chapter is further amended by striking from paragraph (4) of subsection (a) of Code Section 15-11-35, relating to disposition of a delinquent child, the following:
"or", by striking the period at the end of paragraph (5) of that subsection and inserting in its place the following:
";or", and by adding immediately thereafter a new paragraph to read as follows:
"(6) An order requiring that the child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court."
Section 6. Said chapter is further amended by striking Code Section 15-11-50, relating to appointment of traffic referees, and inserting in its place a new Code section to read as follows:
"15-11-50. (a) The judge may appoint one or more persons to serve at the pleasure of the judge as ireffie referees associate juvenile court traffic judges on a full or parttime basis. A ireffie referee associate juvenile court traffic judge shall be a member of the State Bar of Georgia or shall be otherwise qualified by experience and training. His compensation shall be fixed by the judge with the approval of the governing authority of the county and shall be paid in equal monthly installments from county funds, unless otherwise provided by law.

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(b) The court may direct that any case or class of cases arising under Code Section 15-11-49 shall be heard in the first instance by a traffie refeloee associate juvenile court traffic judge who shall conduct the hearing in accordance with Code Section 15-11-49. Upon the conclusion of the hearing the traffie refeloee associate juvenile court traffic judge shall transmit written findings of fact and recommendations for disposition to the judge with a copy thereof to the child and other parties to the proceedings.
(c) Within three days after receiving the copy the child may file a request for a rehearing before the judge of the court, who shall thereupon rehear the case at a time fixed by him. Otherwise, the judge may confirm the findings and recommendations for disposition, which then become the findings and order of disposition of the court."
Section 7. All Jaws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
Lane,R Y Langford
Y Lawrence
Y Lawson YLee
Y Linder Y Long Y Lord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom YRay
Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield

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

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

HB 1157.

By Representative Allen of the 127th:
A bill to amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to the seizure and disposition of property used in or derived from gambling and related offenses, so as to provide that legal advertisements of seizure and disposition proceedings shall be published twice a month for two consecutive months in the newspaper in which the sheriffs advertisements are published.

WEDNESDAY, JANUARY 24, 1990

253

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1253. By Representatives Barnett of the lOth, Coleman of the 118th, Pannell of the 122nd, Snow of the 1st, Holmes of the 28th and others:
A bill to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the state sales and use tax, so as to provide criminal penalties for the evasion or attempted evasion of any sales tax, penalty, interest, or other amount in excess of $3,000.00 imposed under Article 1 of Chapter 8 of Title 48.
By unanimous consent, HB 1253 was recommitted to the Committee on Ways and Means.

HB 9. By Representative Lane of the 27th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide that persons contracting with a state agency shall provide a drug-free workplace for employees; to provide for a short title; to provide for definitions; to provide requirements that must be met by any contractor to provide a drug-free workplace.

The following Committee substitute was read and adopted:

A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a new Chapter 24; to provide that persons contracting with a state agency shall provide a drug-free workplace for employees; to provide for a short title; to provide for definitions; to provide requirements that must be met by any contractor and subcontractor to provide a drug-free workplace for employees as a condition of contracting with state agencies; to provide for sanctions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end thereof a new Chapter 24 to read as follows:
"CHAPTER 24
50-24-1. This chapter shall be known and may be cited as the 'Drug-free Workplace Act.'
50-24-2. As used in this chapter, the term: (1) 'Contractor' means: (A) Any person engaged in the business of constructing, altering, repairing, dismantling, or demolishing buildings; roads; bridges; viaducts; sewers; water and gas mains; streets; disposal plants; airports; dams; water filters, tanks, towers, and wells; pipelines; and every other type of structure, project, development, or improvement coming within the definition of real or personal property, including, but not limited to, constructing, altering, or repairing property to be held either for sale or rental when the contract involves an expenditure by a state agency of at least $25,000.00; or

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(B) Any person supplying goods, materials, services, or supplies pursuant to a contract or lease on behalf of a state agency as described in Code Section 50-5-64 when the contract involves an expenditure by the state agency of at least $25,000.00. (2) 'Controlled substance' means a controlled substance as defined in Article 2 of Chapter 13 of Title 16. (3) 'Conviction' means a plea of guilty or a finding of guilt, including a plea of nolo contendere and regardless of treatment as a first offender under Article 3 of Chapter 8 of Title 42, or imposition of a sentence, or both, by any judicial body charged with a responsibility to determine violations of the federal or state criminal drug statutes. (4) 'Criminal drug statute' means any criminal statute involving the manufacture, sale, distribution, dispensation, use, or possession of any controlled substance or marijuana. (5) 'Drug-free workplace' means a site for the performance of work done in connection with a specific contract referred to in paragraph (1) of this Code section with a person, the employees of which person are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana in accordance with the requirements of this chapter. (6) 'Employee' means the employee of a contractor directly engaged in the performance of work pursuant to the provisions of the contract referred to in paragraph (1) of this Code section. (7) 'Individual' means a contractor that has no more than one employee, including the contractor. (8) 'Marijuana' means the substance as defined in paragraph (16) of Code Section 16-13-21. (9) 'Person' means a corporation, a partnership, a business trust, an association, a firm, or any other legal entity except an individual. (10) 'Principal representative' means the governing board or the executive head of a state agency who is authorized to enter into a contract with a contractor on behalf of the state agency. (11) 'State agency' means any department, division, board, bureau, commission, or other agency of the state government or any state authority. (12) 'Subcontractor' means a person hired by a contractor on an independent basis rather than as an employee and who performs work for the contractor under a contract as provided under subparagraph (A) of paragraph (1) of this Code section. 50-24-3. (a) The principal representative of a state agency shall not enter into a contract with any contractor, other than an individual, unless the contractor certifies to the principal representative that: (1) A drug-free workplace will be provided for the contractor's employees during the performance of the contract; and (2) Each contractor who hires a subcontractor to work in a drug-free workplace shall secure from that subcontractor the following written certification: 'As part of the subcontracting agreement with (contractor's name) , (subcontractor's name) certifies to the contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of .this contract pursuant to paragraph (7) of subsection (b) of Code Section 50-24-3.' (b) A contractor may satisfy the requirement for providing a drug-free workplace for employees by: (1) Publishing a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a drug-free awareness program to inform employees about:
(A) The dangers of drug abuse in the workplace; (B) The contractor's policy of maintaining a drug-free workplace; (C) Any available drug counseling, rehabilitation, and employee assistance program; and (D) The penalties that may be imposed upon employees for drug abuse violations;

WEDNESDAY, JANUARY 24, 1990

255

(3) Providing each employee with a copy of the statement provided for in paragraph (1) of this subsection;
(4) Notifying each employee in the statement provided for in paragraph (1) of this subsection that as a condition of employment, the employee shall:
(A) Abide by the terms of the statement; and (B) Notify the contractor of any criminal drug statute conviction for a violation occurring in the workplace within five days of the conviction; (5) Notifying the contracting principal representative within ten days after receiving from an employee or a subcontractor a notice of conviction as provided under subparagraph (B) of paragraph (4) of this subsection or after otherwise receiving actual notice of such a conviction; (6) Making a good faith effort on a continuing basis to provide a drug-free workplace for employees; and (7) Requiring that such contractor include in any agreement or contract with a subcontractor a provision that such subcontractor will provide a drug-free workplace for his employees by complying with the provisions of paragraphs (1), (2), (3), (4), and (6) of this subsection and by notifying the contractor of any criminal drug statute conviction for a violation occurring in the workplace involving the subcontractor or its employees within five days of receiving notice of the conviction. The contractor will .notify the contracting principal representative pursuant to paragraph (5) of this subsection. 50-24-4. The principal representative of a state agency shall not enter into a contract with an individual or a person as a contractor unless the contract includes a certification by the individual or person that the individual or person will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. 50-24-5. The principal representative of a state agency may suspend, terminate, or debar the contractor if the state agency determines that: (1) The contractor or individual has made false certification under subsection (a) of Code Section 50-24-3; or (2) The contractor has violated such certification by failing to carry out the requirements of Code Section 50-24-3. 50-24-6. This chapter establishes minimum standards for contractors and in no way limits or restrains contractors from implementing additional procedures and policies having the objectives of achieving and maintaining a drug-free workplace."
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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
~~:~~:er
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck

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

Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell Y Couch 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 Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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

256

JOURNAL OF THE HOUSE,

Y Kilgore
Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten

Y Pettit Pinkston
Y Poag Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smitb,L Y Smith,P YSmith,T Y Smith,W Y Smyre YSnow Y Stancii,F Y Stancii,S Y Stanley
Y Steele Y Stephens Y Streat
Y Teper YThomas,C YThomas,M Y Thompson Y Thurmond Y Titus

Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C
Y Walker,L Y Wall YWare Y Watson Y Watts
White
Y Wilder YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Smith of the 156th arose to a point of personal privilege and addressed the House.

Representative Fennel of the 155th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and adopted:

HR 685. By Representatives Jenkins of the 80th, Ray of the 98th, Crawford of the 5th, Buford of the 103rd, Yates of the 75th and others:
A resolution recognizing the county commissioners of the State of Georgia.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, JANUARY 25, 1990

257

Representative Hall, Atlanta, Georgia Thursday, January 25, 1990

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. Joseph Peabody, Pastor, McEachern United Methodist Church, Powder Springs, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1484. By Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th and Brown of the 88th: A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to enable the Department of Human Resources, Division of Youth Services to provide realistic employment training and experience for committed youths.
Referred to the Committee on State Planning & Community Affairs.
HB 1485. By Representative Greene of the 130th: A bill to provide that the governing authority of Stewart County shall continue to be the commissioner of Stewart County; to provide for elections and terms of that commissioner.
Referred to the Committee op State Planning & Community Affairs - Local.

258

JOURNAL OF THE HOUSE,

HB 1486. By Representative Breedlove of the 60th:
A bill to provide an exemption from City of Buford ad valorem taxes for the full value of the homestead of each resident of the City of Buford who is 65 years of age or older or who is disabled; to provide for an exception with respect to land in excess of one acre.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1487. By Representatives Poston of the 2nd, Edwards of the 112th and Snow of the 1st:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to create the Department of Environmental Protection; to create the position of commissioner of environmental protection.
Referred to the Committee on Natural Resources & Environment.

HB 1488. By Representative Barnett of the 59th:
A bill to amend Code Section 16-12-141 of the Official Code of Georgia Annotated, relating to abortion, so as to prohibit the use of public funds, facilities, or employees to perform or assist in an abortion not necessary to save a woman's life or to encourage or counsel a woman to have an abortion not necessary to save her life.
Referred to the Committee on Judiciary.

HB 1489. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Howren of the 20th, Aiken of the 21st, Clark of the 20th and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to authorize the appointment of a second judge.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1490. By Representatives Robinson of the 96th and Buck of the 95th:
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 social workers, professional counselors, and marriage and family therapists from the levy of any license, occupation, or professional tax by counties and municipalities.
Referred to the Committee on Ways & Means.

HB 1491. By Representatives Buck of the 95th, Robinson of the 96th, Bishop of the 94th, Moultrie of the 93rd, Steele of the 97th and others:
A bill to amend an Act establishing the Municipal Court of Columbus, Georgia, so as to change the compensation of the judge, the clerk, and the marshal of the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, JANUARY 25, 1990

259

HB 1492. By Representative Parham of the 105th:
A bill to amend Code Section 11-9-504 of the Official Code of Georgia Annotated, relating to a secured party's requirements relative to default, so as to provide that the sale of a motor vehicle by public or private motor vehicle auction, to a motor vehicle wholesaler, or to an individual shall constitute a commercially reasonable sale of collateral.
Referred to the Committee on Motor Vehicles.

HB 1493. By Representatives Lord of the 107th, Branch of the 137th, Barfoot of the 120th, Irwin of the 13th, McCoy of the 1st and others:
A bill to amend Code Section 48-5-48.3 of the Official Code of Georgia Annotated, relating to a homestead exemption for disabled veterans, so as to provide that such exemption shall be extended to the veteran's unremarried surviving spouse and minor children.
Referred to the Committee on Ways & Means.

HB 1494. By Representative Greene of the 130th:
A bill to create a board of elections and registration for Stewart County and provide for the composition of the board and the appointment, qualification, and term of its members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1495. By Representative Breedlove of the 60th:
A bill to increase the homestead exemption from city ad valorem taxes for residents of the City of Norcross who own and occupy their residences; to increase the homestead exemption from city ad valorem taxes for residents of the City of Norcross who are 62 years of age or older and who own and occupy their residences.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1496. By Representatives Steele of the 97th, Allen of the 127th, Aiken of the 21st, Foster of the 6th, McCoy of the 1st and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to require certain persons who have been convicted of or who have pleaded guilty or nolo contendere to certain offenses to register with the sheriff in the county of their residence; to provide for definitions; to provide for registration upon moving a residence to another county.
Referred to the Committee on Special Judiciary.

HB 1497. By Representatives Thomas of the 69th, Groover of the 99th and Walker of the 115th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for exemptions from the "Uniform Deceptive Trade Practices Act"; to repeal the exemption for actions or appeals pending on March 19, 1968; to provide for an exemption for conduct that constitutes the fair use of copyrighted material in compliance with the fair use factors set out in certain federal laws.
Referred to the Committee on Judiciary.

260

JOURNAL OF THE HOUSE,

HB 1498. By Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgment is less than a certain dollar amount; to provide that appeals in actions for damages in which the judgment is $10,000.00 or less shall be taken as provided in such Code section.
Referred to the Committee on Judiciary.

HB 1499. By Representatives Athon of the 57th, Mangum of the 57th and Hamilton of the 124th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain provisions relating to fees.
Referred to the Committee on Education.

HB 1500. By Representatives Wilder of the 21st, Bannister of the 62nd, Aiken of the 21st and Barnett of the 59th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to the ages for mandatory education for children; to change certain provisions relating to exemptions with respect to such mandatory education; to change certain provisions relating to the establishment, management, and control of adult literacy programs.
Referred to the Committee on Education.

HB 1501. By Representatives Couch of the 36th, Alford of the 57th, Townsend of the 24th and Sinkfield of the 37th:
A bill to amend an Act approved March 16, 1971, relating to the Metropolitan Atlanta Rapid Transit Authority and the Metropolitan Atlanta Rapid Transit System, so as to repeal provisions prohibiting appropriations by the State of Georgia to the Metropolitan Atlanta Rapid Transit Authority and certain legislative statements of intent.
Referred to the Committee on State Planning & Community Affairs.

HB 1502. By Representatives Couch of the 36th, Alford of the 57th, Townsend of the 24th, Sinkfield of the 37th and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act," so as to give the Authority power to make certain purchases without competitive bidding.
Referred to the Committee on State Planning & Community Affairs.

HB 1503. By Representatives Smith of the 78th and Jenkins of the 80th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to create the office of senior clerk of the superior court; to provide for appointment procedures and terms of office.
Referred to the Committee on Judiciary.

THURSDAY, JANUARY 25, 1990

261

HB 1504. By Representatives Dobbs of the 74th, Twiggs of the 4th, Dover of the 11th, Porter of the 119th, Pannell of the 122nd and others:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to change the time limit within which an insured can give notice of a claim before such notice requirements may be satisfied by a third party injured in an accident involving the insured and having a claim against the insured; to change certain dates.
Referred to the Committee on Insurance.

HB 1505. By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye.
Referred to the Committee on Health & Ecology.

HB 1506. By Representatives Wilder of the 21st, Clark of the 20th, Aiken of the 21st, Isakson of the 21st, Ehrhart of the 20th and others:
A bill to create the Cobb County Private Sector Survey Committee on Cost Control in County Government.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1507. By Representative Clark of the 55th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to provide that the department shall periodically install and maintain video monitoring equipment in child welfare agencies not located in private homes for purposes of ensuring that such agencies are complying with all state laws and regulations.
Referred to the Committee on Health & Ecology.

HB 1508. By Representatives Childers of the 15th, Smyre of the 92nd, Thompson of the 20th, Smith of the 16th, McKelvey of the 15th and others:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to the public purposes for which county taxes may be levied and collected, so as to provide for an additional authorized purpose.
Referred to the Committee on Ways & Means.

HB 1509. By Representatives Oliver of the 53rd, Baker of the 51st, Richardson of the 52nd, Redding of the 50th and Teper of the 46th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.
Referred to the Committee on Judiciary.

262

JOURNAL OF THE HOUSE,

HB 1510. By Representative Childers of the 15th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that no person shall operate a motor vehicle unless such person has motor vehicle insurance coverage which extends to any motor vehicle such person may drive.
Referred to the Committee on Motor Vehicles.

HB 1511. By Representatives Brooks of the 34th, Brown of the 88th, Abernathy of the 39th, Stanley of the 33rd, Bishop of the 94th and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for equal employment opportunity in this state without regard to race, color, religion, sex, or national origin; to provide a short title.
Referred to the Committee on Industrial Relations.

HB 1512. By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd, Simpson of the 70th and Robinson of the 96th:
A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relating to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device.
Referred to the Committee on Judiciary.

HB 1513. By Representatives Orrock of the 30th, Aaron of the 56th, Dixon of the 128th, Cummings of the 134th, Thomas of the 31st and others:
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 an employee in the classified service who has accumulated sick leave to utilize such sick leave at any time such employee is sick; to require an employee to telephone the appropriate authority each day when such employee is absent from work on sick leave.
Referred to the Committee on Governmental Affairs.

HB 1514. By Representatives Martin of the 26th and Orrock of the 30th:
A bill to repeal an Act approved April 17, 1963, providing for a chief judge of the Superior Court of the Atlanta Judicial Circuit.
Referred to the Committee on Judiciary.

HB 1515. By Representatives Ehrhart of the 20th, Barnett of the 59th, Dobbs of the 74th and Clark of the 20th:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials; to provide a form for a partial waiver of lien and bond rights in connection with progress payments.
Referred to the Committee on Special Judiciary.

THURSDAY, JANUARY 25, 1990

263

HB 1516. By Representative Mangum of the 57th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to repeal Code Section 20-2-63, relating to failure to arrange for operation of schools.
Referred to the Committee on Education.

HB 1517. By Representative Mangum of the 57th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to repeal Article 13 thereof, relating to suspending and reopening local school systems.
Referred to the Committee on Education.

HB 1518. By Representative Mangum of the 57th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to add a new Article 20, to be known as the "Education Partnership Act of 1990"; to provide for a short title and findings; to encourage certain partnerships with schools and school systems; to provide for work-release time; to provide for grants, regulations, and partnership plans; to provide for funding.
Referred to the Committee on Education.

HB 1519. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-160 of the Official Code of Georgia Annotated, relating to determination of enrollment by institutional programs, so as to change the manner of computing the full-time equivalent cost for the allotment of certain funds.
Referred to the Committee on Education.

HB 1520. By Representatives Murphy of the 18th and Mangum of the 57th:
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 expressly that the Board of Regents of the University System of Georgia and the State Board of Education and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Education and the Board of RegentB of the University System of Georgia.
Referred to the Committee on Education.

HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th, Benn of the 38th and Yeargin of the 14th:
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 designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system educator has committed certain designated crimes under Georgia law.
Referred to the Committee on Special Judiciary.

264

JOURNAL OF THE HOUSE,

HR 683. By Representatives Poston of the 2nd, Edwards of the 112th, McCoy of the 1st, Snow of the 1st, Teper of the 46th and others:
A resolution to create the Joint Committee on Environmental Protection Services.
Referred to the Committee on Natural Resources & Environment.

HR 684. By Representative Couch of the 36th:
A resolution granting a nonexclusive easement for operation and maintenance of an audio visual transmission cable in, on, over, upon, across, or through property owned by the State of Georgia in Fulton County, Georgia.
Referred to the Committee on State Institutions & Property.

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

HB 1522. By Representatives Murphy of the 18th, Thomas of the 69th, Lee of the 72nd and Chambless of the 133rd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require any consumer reporting agency issuing a consumer report indicating the existence of a recorded writ of fieri facias to have verified within six months preceding issuance of such consumer report that the writ of fieri facias has not been satisfied.
Referred to the Committee on Judiciary.

HB 1523. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges.
Referred to the Committee on Judiciary.

HB 1539. By Representatives Royal of the 144th, Coleman of the 118th, Crosby of the 150th, Godbee of the llOth, Barnett of the lOth and others:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding the ad valorem taxation of property, so as to revise the definition of "fair market value" with respect to the valuation of standing timber for ad valorem tax purposes.
Referred to the Committee on Ways & Means.

HB 1540. By Representatives Coleman of the 118th, Crosby of the 150th, Royal of the 144th, Waddle of the 113th, Birdsong of the 104th and others:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to require county governing authorities to publish annual reports containing the millage rate and assessed taxable value of certain property subject to certain taxation for the coming fiscal year and the immediately preceding five fiscal years.
Referred to the Committee on Ways & Means.

THURSDAY, JANUARY 25, 1990

265

HB 1551. By Representatives Davis of the 72nd, Davis of the 45th, Morton of the 47th, Linder of the 44th, Allen of the 127th and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that symbolic speech may constitute opprobrious or abusive language as justification for assault or battery; to provide that opprobrious or abusive language may be justification for assault or battery.
Referred to the Committee on Judiciary.

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

HB 1447 HB 1448 HB 1449 HB 1450 HB 1451 HB 1452 HB 1453 HB 1454 HB 1455 HB 1456 HB 1457
HB 1458 HB 1459
HB 1460 HB 1461
HB 1462
HB 1463 HB 1464 HB 1465
HB 1466

HB 1467 HB 1468 HB 1469 HB 1470 HB 1471 HB 1472 HB 1473 HB 1475 HB 1476 HB 1477 HB 1478 HB 1480 HB 1481 HB 1482 HB 1483 HR 645 HR 646 HR 647 HR 682

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1053 Do Pass, by Substitute HB 1250 Do Pass, as Amended HB 1310 Do Pass

HB 1433 Do Pass HR 575 Do Pass, as Amended

Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

266

JOURNAL OF THE HOUSE,

HB 1333 Do Pass

Respectfully submitted,
Is/ Watson of the 114th
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 585 Do Pass, as Amended
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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1371 Do Pass HB 1420 Do Pass HB 1424 Do Pass

HB 1439 Do Pass HR 639 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

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

HB 1371.

By Representatives Jamieson of the 11th and Dover of the 11th:
A bill to amend an Act dividing Stephens County into school districts and providing for the election of members of the Board of Education of Stephens County, so as to change the provisions relating to the composition of Education District 2 in order to conform with an order of the Probate Court of Stephens 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 1420.

By Representative Meadows of the 91st:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Meriwether County and creating the office of tax commissioner of said county, so as to change the salary of the tax commissioner.

THURSDAY, JANUARY 25, 1990

267

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

HB 1424.

By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to repeal an Act fixing the compensation of the members of the Board of Education of Lowndes 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1439.

By Representative Walker of the 115th:
A bill to create the Perry Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Perry, Georgia.

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

HR 639. By Representatives Walker of the 85th, Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Cheeks of the 89th and others:
A resolution re-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.

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 33. By Senators Stumbaugh of the 55th, Taylor of the 12th and Foster of the 50th:
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 provide for an insurance consumer advocate to participate in certain rate filings; to provide for legislative intent and findings; to provide for the appointment, qualifications, and compensation of the insurance consumer advocate.

268

JOURNAL OF THE HOUSE,

SB 411. By Senator Pollard of the 24th:
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 that certain school systems shall continue to receive sparsity grants.

SB 516. By Senators English of the 21st, Echols of the 6th and Ragan of the lOth:
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 instances when food shall be deemed to be adulterated; to provide that food containing certain pesticide residues shall be deemed to be adulterated and unsafe.

SB 517. By Senators English of the 21st, Echols of the 6th and Ragan of the lOth:
A bill to amend Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and control of disease in livestock, so as to provide that it shall be the duty of all state, county, municipal, and other law enforcement officers to enforce and assist in enforcement of the provisions of such chapter.

SB 518. By Senators English of the 21st, Echols of the 6th and Ragan of the lOth:
A bill to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Marketing Act of 1981," so as to change the definition of the term "farmers' market"; to change the provisions relating to the rental or leasing of real property; to provide for the powers and duties of the Commissioner of Agriculture.

SB 146. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to revise the provisions relating to forfeitures; to provide for forfeitures; to provide for that which is subject to forfeiture; to provide for seizure of property subject to forfeiture; to provide for custody of property which has been seized.

HB 1244.

By Representatives Reaves of the 147th, Godbee of the 110th, Byrd of the 153rd, Holland of the 136th, Balkcom of the 140th and others:
A bill to amend Code Section 2-7-156 of the Official Code of Georgia Annotated, relating to the referendum on assessments for boll weevil suppression and eradication programs, so as to provide for additional referendums for the purpose of changing the amount of such assessments or extending the time period for the collection of such assessments, or both.

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

SB 33. By Senators Stumbaugh of the 55th, Taylor of the 12th and Foster of the 50th:
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 provide for an insurance consumer advocate to participate in certain rate filings; to provide for legislative intent and findings; to provide for the appointment, qualifications, and compensation of the insurance consumer advocate.
Referred to the Committee on Insurance.

THURSDAY, JANUARY 25, 1990

269

SB 146. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to revise the provisions relating to forfeitures; to provide for forfeitures; to provide for that which is subject to forfeiture; to provide for seizure of property subject to forfeiture; to provide for custody of property which has been seized.
Referred to the Committee on Public Safety.

SB 411. By Senator Pollard of the 24th:
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 that certain school systems shall continue to receive sparsity grants.
Referred to the Committee on Education.

SB 516. By Senators English of the 21st, Echols of the 6th and Ragan of the lOth:
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 instances when food shall be deemed to be adulterated; to provide that food containing certain pesticide residues shall be deemed to be adulterated and unsafe.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 517. By Senators English of the 21st, Echols of the 6th and Ragan of the lOth:
A bill to amend Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and control of disease in livestock, so as to provide that it shall be the duty of all state, county, municipal, and other law enforcement officers to enforce and assist in enforcement of the provisions of such chapter.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 518. By Senators English of the 21st, Echols of the 6th and Ragan of the lOth:
A bill to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Marketing Act of 1981," so as to change the definition of the term "farmers' market"; to change the provisions relating to the rental or leasing of real property; to provide for the powers and duties of the Commissioner of Agriculture.
Referred to the Committee on Agriculture & Consumer Affairs.

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

HB 1463.

By Representative Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to add certain language to the definition of "investment adviser"; to provide that a person shall not hold himself out as an investment adviser or financial planner unless such person is registered as such under this chapter.

270

JOURNAL OF THE HOUSE,

Under the general <_>rder of business, the following Bills of the House were taken up for consideration and read the third time:

HB 67. By Representative Wall of the 61st:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that a person who has an out-of-state or out-of-county custody order must have its validity determined by the superior court of the county in which the school is located before that person may pick up his or her child or children from school.

The following Committee substitute was read and adopted:

A BILL
To amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary school students, so as to provide that no person shall make or attempt to make a change of physical custody of a minor child by removing the child from certain school premises; to provide for the effect of judicial custody orders; to provide for the effect of child protection laws; to provide for exceptions; to provide for the enforcement of this provision; to provide for penalties; to provide for immunity from civil or criminal liability for school officials; 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 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary school students, is amended by adding at the end thereof a new Part 4 to read as follows:
"Part 4
20-2-780. (a) No person shall make or attempt to make a change of physical custody of a minor child by removing the child from the premises of a private or public elementary or secondary school without the permission of the person who enrolled the child in the school, notwithstanding the fact that the person seeking to obtain physical custody of the child from the school has a court order granting custody of the child to such person.
(b) This Code section shall not apply with respect to the following: (1) Persons seeking to enforce court orders that specifically authorize or direct the
release of physical custody by the school; or (2) State or local officials acting under the express authority of this state's child
protection laws. (c) Any person violating this Code section shall be guilty of a misdemeanor. (d) School officials when acting in their official capacities in preventing or attempting to prevent a violation of this Code section shall be immune from civil or criminal liability that otherwise might be incurred or imposed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Athon Y Atkins Y Bailey

Y Baker Balkcom
Y Bannister

Barfoot Y Bargeron Y Barnett,B

THURSDAY, JANUARY 25, 1990

271

Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove Y Brooks
Y Brown Y Buck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Clark,L
Coleman
Y Colwell Y Connell
Couch 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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Y Green
Y Greene
Y Gresham Y Griffin
Y Groover Y Hamilton
Hanner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks
Y Howren

Y Hudson Y Irwin
Y Isakson
Y Jackson,J
Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford
Y Lawrence
Y Lawson Y Lee Y Linder Y Long Y 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 Morton
Moultrie Y Mueller Y Oliver,C Y bliver,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 y Randall Y Ransom YRay
Y Reaves Y Redding
Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T

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

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act", approved April 18, 1989 (Ga. L. 1989, P. 1492), so as to change certain appropriations for the State Fiscal Year 1989-1990; to make language and other changes; to provide an effecitive date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

An Act providing appropriations for the State Fiscal Year 1989-1990, known as the "General Appropriations Act," approved April 18, 1989 (Ga. L. 1989, P. 1492), is amended by striking everything following the enacting clause through Section 76 and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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.........................................................$

21,267,336

272

JOURNAL OF THE HOUSE,

Personal Services - Staff................................................................$ Personal Services - Elected
Officials .........................................................................................$ Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials ...............................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts -
S t a f f ............................................................................................... $
Per Diem, Fees and Contracts Elected Officials...........................................................................$
Photography .....................................................................................$ Expense Reimbursement Account ................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

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

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 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

THURSDAY, JANUARY 25, 1990

273

refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits ...................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................$ Per Diem, Fees and Contracts ......................................................$ Real Estate Rentals ........................................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

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

6,481,026

Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council.....................................................$ Sentence Review Panel ..................................................................$ Council of Superior
Court Judges ................................................................................$

40,115,802 38,351,254
692,233 126,479
85,425

274

JOURNAL OF THE HOUSE,

Judicial Administrative Districts ......................................................................................... $
Habeas Corpus Clerk ......................................................................$
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ..............................................................$
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..................................................$
Institute's Operations .................................................................$ Georgia Magistrate Courts
Training Council..........................................................................$
Section 8. Judicial Council. Budget Unit: Judicial Council .............................................................$
Council Operations..........................................................................$ Payments to Judicial
Administrative Districts for Case Counting ..............................................................................$ Board of Court Reporting ..............................................................$ Payment to Council for Magistrate Court Judges ................................................................................$ Payment to Council of Probate Court Judges ................................................................................$ Payment to Council of State Court Judges ................................................................................$ Payment to Resource Center.........................................................$ Payment to Computerized Information Network ..................................................................$ Governor's Commission on Gender Bias in the Judicial System ................................................................$
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission ..............................................................$
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council. ..................................................................... $ G r a n t s ............................................................................................ $ 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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$

845,411 15,000
619,328 493,828 125,500
1,854,239 756,027
73,500 30,355 26,000 20,000 10,000 231,132 629,640 77,585
1,000,000 950,000 50,000
45,034,707 46,443,227 10,157,106
341,800 426,000 2,119,906 9,311,581 3,545,328 904,605 1,337,060

THURSDAY, JANUARY 25, 1990

275

Rents and Maintenance Expense .................................................$ Utilities .............................................................................................$ Payments to DOAS Fiscal Division ........................................................................................................... $ Direct Payments to Georgia
Building Authority for Capital Outlay..............................................................................$ Direct Payments to Georgia Building Authority for Operations ....................................................................................$ Telephone Billings ..........................................................................$ Materials for Resale ........................................................................$ Public Safety Officers Indemnity Fund ...........................................................................$ Health Planning Review Board Operations ....................................................................................$ Georgia Golf Hall of Fame Operations ....................................................................................$ Grants to Counties ..........................................................................$ Grants to Municipalities ................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

16,169,500 37,900
2,000,000
0
4,260,000 36,494,172 13,000,000
608,800
40,000
30,000 2,600,000 4,200,000 154,026,985 45,034,707

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

$

6,726,013

$

17,339,145

$

12,762,042

$

2,926,504

$

681,221

$

572,247

$

51,300,540

$

4,018,049

$

46,187,199

$

6,694,476

$

1,567,948

$

949,833

$

1,871,072

$

154,026,985

$

430,696

$

6,695,948

$

15,339,145

$

0

$

2,926,504

$

0

$

572,247

$

13,220,167

$

0

$

5,850,000

$

0

$

0

$

0

$

0

$

45,034,707

B. Budget Unit: Georgia Building Authority ..................................................................$
Georgia Building Authority Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$

Q
20,399,366 4,704,744 22,750 238,500 220,775 112,000 10,800 136,700 143,300

276

JOURNAL OF THE HOUSE,

Capital Outlay .................................................................................$ Utilities .............................................................................................$ Contractual Expenses .....................................................................$ Fuel. ................................................................................................... $ Facilities Renovations
and Repairs ..................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

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 Facility Renovations Total

$

1,986,416

$

0

$

5,320,055

$

0

$

5,195,254

$

0

$

5,289,685

$

0

$

334,902

$

0

$

4,609,080

$

0

$

10,902,752

$

0

$

707,429

$

0

$

0

$

0

$

34,345,573

$

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

251,364
4,521,976 3,998,000 1,504,800
271,900 700,000
0 0 20,688 800,000 0 0 11,817,364 251,364

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

35,475,409
30,070,747 3,563,483
876,524 500,842 270,000 463,294 851,763 401,619 316,871 650,000
2,335,105

THURSDAY, JANUARY 25, 1990

277

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

2,341,943 547,000 91,000 60,000 205,000
565,132
370,000 0
60,000 50,000
0 44,590,323 35,475,409

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
Filed Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

$

4,913,866

$

7,265,619

$

1,898,802

$

3,744,767

$

4,662,651

$

1,504,817

$

3,159,466

$

6,250,543

$

4,170,603

$

4,493,929

$

399,160

$

2,126,100

$

44,590,323

$

4,564,866

$

6,891,619

$

1,861,548

$

3,744,767

$

4,591,988

$

1,504,817

$

3,145,566

$

4,761,101

$

1,534,173

$

999,714

$

4,404

$

1,870,846

$

35,475,409

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Georgia Agrirama Development Authority Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

0
639,106 154,104
4,650 1,000 7,850
0 0 8,818 107,708 375,000 94,300 1,392,536 0

278

JOURNAL OF THE HOUSE,

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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

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. A. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................ $ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 .......................................................................$ Music Hall of Fame .......................................................................$. Payment to Georgia Environmental
Facilities Authority for Operations ....................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

22,037,571
5,649,091 299,911 202,755 0 27,410 219,155 467,662 68,574 166,520 158,000
2,625,000 4,787,402
120,759
30,000,000
0 4,200,000 1,650,000
2,450,000 50,000
406,515 53,548,754 22,037,571

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of the Commissioner Office of Technical Assistance Office of Financial Assistance Office of Rural Development

$

1,041,916

$

1,437,938

$

48,415,401

$

1,166,641

$

1,091,416

$

1,269,126

$

17,260,241

$

1,126,641

THURSDAY, JANUARY 25, 1990

279

Office of Coordinated Planning Total

$

1,486,858

$

53,548,754

$

1,362,147

$

22,037,571

Section 15. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ..........................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ 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 G r a n t s ............................................................................................ $ 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 ....................................................................$

494,712,871 271,050,639 33,635,154
1,589,804 3,257,000 8,193,294 1,663,000 3,218,000 2,800,358 1,810,152 118,349,450 10,403,265
380,000 12,454,000 9,625,000
525,000 365,000 750,000
3,262,000
1,258,000
350,000 1,165,000 16,642,082
50,000
304,000 0
200,000 503,300,198
450,000 0
494,712,871

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

163,277,654

$

273,796,934

$

66,225,610

$

503,300,198

$

162,779,151

$

272,289,934

$

59,643,786

$

494,712,871

B. Budget Unit: Board of Pardons and Paroles ......................................................................$
Board of Pardons and Paroles Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$

30,957,193
22,730,976 944,015 752,760

280

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Jail Subsidy........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

265,000 731,279 724,159 1,604,700 903,466 1,312,938 987,900 30,957,193 30,957,193

Section 16. Department of Defense. A. Budget Unit: Department of Defense ...........................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

5,622,287
8,563,115 4,207,153
77,604 41,500 57,525 34,155
5,760 154,276 201,500
1,044,200 51,000
18,000 42,000 1,182,133 66,315 180,000 15,926,236 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

$

1,394,490

$

3,288,386

$

3,763,149

$

7,480,211

$

15,926,236

$

1,315,373

$

1,026,912

$

533,991

$

2,746,0ll

$

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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$

2, 777,612,534
42,518,139 5,451,303 1,931,ll7 91,783 772,828
14,265,442 2,442,691 829,900

THURSDAY, JANUARY 25, 1990
Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ QBE Formula Grants: Kindergarten/Grades 1 - 3.............................................................$ Grades 4 - 8......................................................................................$ Grades 9 - 12....................................................................................$ High School Laboratories ..............................................................$ Vocational Education
Laboratories .................................................................................$ Special Education............................................................................$ Gifted ................................................................................................$ Remedial Education........................................................................$ Staff Development ..........................................................................$ Professional Development..............................................................$ Media ................................................................................................$ Indirect Cost ....................................................................................$ Mid-Term Adjustment ...................................................................$ Pupil Transportation ......................................................................$ Isolated Schools ...............................................................................$ Local Fair Share ..............................................................................$ Other Categorical Grants: Equalization Formula .....................................................................$ Sparsity Grants ................................................................................$ 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 (Federal) ........................................................................$
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 .......................................................$

281
22,175,366 770,888 972,000
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 35,400,723 111,276,321
0 (479,220,239)
131,572,698 3,819,603 8,700,000 19,180,000 19,849,036
100,000
95,312,627
3,503,745
28,483,503
888,439
2,475,000 33,732,168 113,396,789 24,003,046
6,575,151
6,219,983
2,720,965 16,732,524
3,473,560 1,066,000
452,000 3,084,680

282

JOURNAL OF THE HOUSE,

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 (Federal) .............................................................$
Payment of Federal Funds to Board of Technical & Adult E d u c a t i o n ...................................................................................... $
Drug Free School (Federal) ...........................................................$ Innovative Programs .......................................................................$ Technology Grants ..........................................................................$ Limited English - Speaking
Students Program .......................................................................$
Transition Program for Children (Federal) .......................................................................$
Emergency Immigrant Education Program (Federal) .......................................................................$
Robert C. Byrd Scholarship (Federal) .......................................................................................$
Title II Math/Science (Federal) .......................................................................................$
Public School Construction ...........................................................$ Library Construction ......................................................................$ Asbestos Removal (Federal) ..........................................................$ Total Funds Budgeted.................................................................... $ Indirect DOAS Services Funding .................................................$

366,540
9,359,269 4,679,416
816,645 3,763,992
0
16,787,825
10,026,258
13,848,106 5,162,697 2,453,089 850,000
3,135,000
113,861
100,000
154,000
2,252,698 115,112,826
14,700,000 100,817
3,101,874,485 340,000

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

2,777,612,534

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Services Governor's Honor Program Administrative Services Evaluation and Personnel
Development Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

$

16,418,162

$

18,790,112

$

1,301,885

$

13,819,306

$

19,400,771

$

4,553,515

$

287,980

$

586,251

$ 3,009,653,028

$

4,632,126

$

7,430,656

$

5,000,693

$ 3,101,874,485

$

15,329,219

$

9,896,626

$

1,159,366

$

9,382,499

$

18,965,221

$

2,954,188

$

287,980

$

586,251

$ 2,703,011,913

$

4,406,864

$

7,104,424

$

4,527,983

$ 2,777,612,534

THURSDAY, JANUARY 25, 1990

283

Section 18. Employees' Retirement System. Budget Unit: Employees' Retirement
System ..................................................................$ Employees' Retirement System Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits to Retirees ........................................................................$ Employer Contribution ..................................................................$ Total Funds Budgeted ....................................................................$ State Funds Budgeted ....................................................................$

Q
1,009,552 125,000 8,000 0 7,000 289,000 124,000 32,000 718,000 0 0
2,312,552 0

Section 19. Forestry Commission. Budget Unit: Forestry Commission ....................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Dieum, 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 ....................................................................$

36,654,112
28,750,590 6,922,549
174,520 1,228,810 2,730,173
154,806 39,174 942,267 478,764 310,000
0
30,000
60,000 30,500 551,000 42,403,153 36,654,112

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

$

5,289,193

$

34,434,595

$

28,912

$

2,650,453

$

42,403,153

$

2,104,153

$

31,899,517

$

28,912

$

2,621,530

$

36,654,112

Section 20. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation ............................................................$ Operations Budget:

33,935,615

284

JOURNAL OF THE HOUSE,

Personal Services ............................................................................. $ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Evidence Purchased ........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ Total State Funds Budgeted .........................................................$

24,299,481 2,544,438
646,760 624,650 596,288 631,000 1,785,200 1,955,798 277,000 500,000
75,000 33,935,615 33,935,615

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration

$

3,011,417

$

Drug Enforcement

$

6,702,771

$

Investigative

$

10,691,312

$

Georgia Crime

Information Center

$

6,759,329

$

Total

$

27,164,829

$

Forensic Sciences Functional Bud-

get:

Personal Services.............................................................................$

Regular Operating Expenses .........................................................$

Travel ................................................................................................$

Motor Vehicle Purchases ...............................................................$

E q u i p m e n t ........................................................................................ $

Computer Charges...........................................................................$

Telecommunications .......................................................................$

Per Diem, Fees and Contracts ......................................................$

Capital Outlay .................................................................................$

Total Fund Budgeted .....................................................................$

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

3,011,417 6,702,771 10,691,312
6,759,329 27,164,829
5,109,200 660,438 50,760 97,100 299,288 114,000 138,000 257,000 45,000
6,770,786 6,770,786

Section 21. Office of the Governor. Budget Unit: Office of the Governor..................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ...........................................................$

22,516,892 9,458,962 482,288 186,775 0 76,334 158,637 655,161 204,420
32,028,961 2,860,758 40,000 3,150,000 162,000 2,850,000 331,600 50,000 40,000 1,162,835 100,000

THURSDAY, JANUARY 25, 1990

285

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

1,420,000 1,262,925 56,681,656 22,516,892

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 Council on Vocational Education Consumers' Utility Counsel Criminal Justice Coordinating Council Juvenile Justice Coordinating Council Commission on Children and Youth Human Relations Comission Total

$

6,212,758

$

856,494

$

6,059,205

$

3,936,074

$

2,144,435

$

32,405,666

$

341,005

$

650,834

$

741,861

$

1,519,390

$

1,687,046

$

126,888

$

56,681,656

$

6,212,758

$

779,840

$

6,059,205

$

3,417,010

$

2,144,435

$

326,982

$

151,445

$

650,834

$

487,982

$

472,467

$

1,687,046

~

126,888

$

22,516,892

Section 22. Department of Human Resources. A. Budget Unit: Departmental
Operations ................................................................$ 1. General Administration and
Support Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Postage ..............................................................................................$ Capital Outlay .................................................................................$ Institutional Repairs and
Maintenance .................................................................................$ Payments to DMA for
Community Care .........................................................................$ Service Benefits for Children ........................................................$ Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

482,001,433
61,668,877 3,897,862 1,627,050 860,441 601,460 2,871,470 5,550,617 1,367,492 2,871,613 393,992 1,390,017 0
116,700
9,429,100 12,696,000
258,000 35,539,845 141,140,536
638,300 64,689,798

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

798,516

$

798,516

286

JOURNAL OF THE HOUSE,

Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Administration 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 Regulations Compliance Monitoring Radiological Health Unit Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning and Development Agency Total

$

1,850,632

$

$

339,894

$

$

1,818,464

$

$

0

$

$

5,105,154

$

$

575,196

$

$

652,178

$

$

1,711,377

$

$

5,531,105

$

$

2,097,888

$

$

524,000

$

$

12,696,000

$

$

501,971

$

$

9,103,127

$

$

736,896

$

$

2,597,142

$

$

800,718

$

$

4,612,799

$

$

482,579

$

$

888,887

$

$

5,705,318

$

$

29,332,779

$

$

12,166,893

$

$

39,155,875

$

$

1,355,148

$

$

141,140,536

$

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

1,850,632
339,894 1,818,464 (6,213,445) 3,573,459
575,196
652,178 1,711,377 5,331,105 2,097,888
524,000 12,103,358
148,760 0
726,896 2,597,142
459,723 1,290,979
482,579 671,139 224,443 4,393,402 11,239,293 15,987,672
1,305,148 64,689,798
49,684,158 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
69,268,121 11,801,121

THURSDAY, JANUARY 25, 1990

287

Special Purpose Contracts .............................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

6,400,500 220,393,7 40
549,718 130,187,899

Public Health Functional Budgets

Total Funds

State Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart Attack Prevention Epidemiology Immunization Sexually Transmitted Diseases Community Tuberculosis Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health Administration Newborn Follow-Up Care Genetics, Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grants in Aid to Counties Community Health Management Community Care Aids Total

$

876,855

$

375,618

$

1,303,750

$

1,933,437

$

843,469

$

815,213

$

1,990,841

$

1,841,921

$

599,292

$

1,567,444

$

1,704,685

$

11,453,558

$

10,493,423

$

3,065,463

$

10,253,585

$

56,504,981

$

1,790,881

$

12,163,487

$

1,353,103

$

694,308

$

4,069,451

$

1,003,880

$

5,520,492

$

2,983,409

$

10,412,561

$

936,370

$

3,630,564

$

4,435,868

$

57,114,862

$

483,695

$

3,059,110

$

5,118,164

$

220,393,740

$

679,630

$

315,618

$

1,218,750

$

1,769,375

$

620,651

$

749,280

$

1,460,841

$

929,807

$

0

$

301,361

$

1,551,844

$

5,491,914

$

9,326,513

$

1,053,587

$

6,222,745

$

0

$

1,580,706

$

9,929,425

$

1,353,103

$

694,308

$

3,965,876

$

515,108

$

5,400,492

$

1,922,909

$

10,282,886

$

746,105

$

3,140,564

$

4,435,868

$

50,549,955

$

400,563

$

1,214,463

$

2,363,652

$

130,187,899

3. Rehabilitation Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ Postage ..............................................................................................$

65,937,525 9,849,338 815,163 119,000 351,573 1,728,383 2,902,171 1,420,350 4,487,877 977,500 0 425,050

288

JOURNAL OF THE HOUSE,

Institutional Repairs and Maintenance .......................................$ Case Services....................................................................................$ E.S.R.P. Case Services....................................................................$ Special Purpose Contracts .............................................................$ Purchase of Services Contracts .....................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding .................................................................$ State Funds Budgeted ....................................................................$

242,500 16,157,000
52,000 774,000 7,202,585 113,442,015 100,000 24,923,648

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support Grants Management State Rehabilitation Facilities Roosevelt Warm Springs Institute Georgia Factory for the Blind Disability Adjudication Diversified Industries of Georgia District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

$

3,855,811

$

862,128

$

7,701,819

$

18,219,762

$

13,137,741

$

23,975,174

$

854,410

$

36,407,029

$

513,031

$

1,467,425

$

6,027,535

$

420,150

$

113,442,015

$

1,462,090

$

717,125

$

1,540,362

$

4,827,754

$

719,751

$

0

$

0

$

8,178,106

$

308,031

$

722,744

$

6,027,535

$

420,150

$

24,923,648

4. Family and Children Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

14,978,953 1,596,327
426,244 0
147,916 16,791,984
226,365 1,156,500 5,415,713
9,100 1,461,435 317,243,845 201,880,493 46,499,365 3,532,000 2,260,000 613,626,240 2,339,882 262,200,088

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

$

1,329,923

$

306,716,822

$

100

$

10,051,000

$

55,487,205

$

87,304,295

$

0

$

115,796,590

$

100

$

0

$

9,283,607

$

43,588,161

THURSDAY, JANUARY 25, 1990

County DFACS OperationsJoint and Administration
County DFACS OperationsHomemakers Projects
Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support Grants to Counties -
Employability Total

$

49,621,527

$

$

6,991,195

$

$

2,425,000

$

$

887,056

$

$

4,461,608

$

$

4,089,928

$

$

4,675,683

$

$

19,716,277

$

$

2,646,992

$

$

0

$

$

2,318,389

$

$

2,000,000

$

$

21,768,990

$

$

2,630,504

$

$

791,500

$

$

3,591,282

$

$

15,865,300

$

$

158,000

$

$

776,500

$

$

1,231,500

$

$

3,478,393

$

$

2,611,271

$

$

613,626,240

$

Budget Unit Object Classes: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 for Community Care.....................................$ Service Benefits for Children ........................................................$ Cash Benefits ...................................................................................$ Case Services ....................................................................................$ ESRP Case Services........................................................................$

289
24,070,900
6,991,195 0
887,056 3,712,015 4,089,928 2,229,303 !?,559,332 2,646,992 (6,608,748) 1,908,631 2,000,000 15,062,835 2,120,902
613,359 2,594,470 15,865,300
158,000 776,500 1,209,131 3,313,393
1,331,136 262,200,088
192,269,513 69,787,053
4,116,522 979,441
1,599,587 22,062,669 9,632,613 4,666,647 16,318,269
1,380,592 3,388,353
0
4,936,795
2,055,000 7,456,223
624,000 400,000 2,766,470
2,291,549 518,060
69,268,121 9,429,100
59,195,365 317,243,845
16,157,000 52,000

290

JOURNAL OF THE HOUSE,

Grants to County DFACS- Operations ......................................$ Institutional Repairs
and Maintenance .........................................................................$ Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$

201,880,493
359,200 10,964,500 56,803,551

B. Budget Unit: Community Mental Health/ Mental Retardation, Youth Services and Institutions ...............................................................$
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ Authority Lease Rentals ................................................................$ Institutional Repairs and
Maintenance .................................................................................$ Grants to County-Owned
Detention Centers .......................................................................$ Substance Abuse
Community Services ...................................................................$ Mental Retardation
Community Services ...................................................................$ Mental Health
Community Services ...................................................................$ Community Mental Health
Center Services ............................................................................$ Special Purpose Contracts .............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

512,876,100 388,940,184
35,794,041 1,118,360 574,700 3,517,648 4,964,536 882,375 3,149,333 6,185,703
13,368,100 9,935,200 2,451,904
11,208,300
2,768,050
35,847,141
88,484,941
14,675,191
55,648,377 1,424,600 3,137,860 597,000
684,673,544 2,404,100
512,876,100

Community Mental Health/Mental Retardation, Youth Services and Institutions Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah

$

38,623,696

$

36,065,680

$

28,650,720

$

22,800,638

$

31,474,308

$

30,031,010

$

133,510,192

$

24,766,009

$

25,297,654

$

18,223,178

$

24,802,478

$

19,252,794

$

24,642,366

$

23,223,276

$

89,647,527

$

22,076,166

THURSDAY, JANUARY 25, 1990

Gracewood State School and Hospital
West Central Georgia Regional Hospital
Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Development Disabilities Grant MR Day - Habilitation & Support
Services 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

$

46,379,127

$

$

22,595,721

$

$

3,238,022

$

$

9,372,910

$

$

4,308,919

$

$

944,354

$

$

67,842,915

$

$

14,344,591

$

$

663,472

$

$

447,950

$

$

1,366,888

$

$

55,648,377

$

$

383,300

$

$

1,612,094

$

$

291,930

$

$

330,600

$

$

3,658,709

$

$

15,517,237

$

$

76,900

$

$

9,452,199

$

$

22;174,417

$

$

15,251,814

$

$

9,683,541

$

$

4,177,578

$

$

3,838,440

$

$

12,681,408

$

$

2,750,200

$

$

953,696

$

$

678,808

$

$

4,600,009

$

$

697,861

$

$

412,034

$

$

2,375,270

$

$

684,673,544

$

Section 23. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism ............................................................$
State Operations Budget: Personal Services .............................................................................$

291
24,199,935
18,641,878 2,391,246
9,169,615
2,728,168 0
40,106,915 14,344,591
635,007 447,950 1,366,888
43,561,802 383,300
1,361,594
291,930 330,600
3,658,709
15,517,237
76,900 7,395,120
21,760,417 14,882,714 9,611,841 4,059,678 3,737,340 12,681,408
2,750,200 953,696 678,808
4,500,009
697,861
412,034
2,375,270 512,876,100
18,887,081
7,530,214

292

JOURNAL OF THE HOUSE,

Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Local Welcome Center Contracts .................................................$ Advertising and Cooperative
Advertising ...................................................................................$ Georgia Ports Authority -
Authority Lease Rentals.............................................................$ Historic Chattahoochee
Commission Contract..................................................................$ Atlanta Council for
International Visitors..................................................................$ Waterway Development in
Georgia ..........................................................................................$ Georgia Music Week Promotion ...................................................$ Georgia World Congress Center
Operating Expenses ....................................................................$ Contract - Georgia Association
of Broadcasters ............................................................................$ Southern Center for
International Studies ..................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

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
90,000
25,000
50,000 35,000
100,000
53,000
25,000 0
20,010,081 18,887,081

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

6,666,463

$

5,084,655

$

8,258,963

$

20,010,081

$

5,856,463

$

4,911,655

$

8,118,963

$

18,887,081

Section 24. Office of Commissioner of Insurance.

Budget Unit: Office of Commissioner

of Insurance.

$

Operations Budget:

Personal Services.............................................................................$

Regular Operating Expenses .........................................................$

Travel ................................................................................................$

Motor Vehicle Purchases ...............................................................$

Equipment ........................................................................................$

Computer Charges...........................................................................$

Real Estate Rentals ........................................................................$

Telecommunications .......................................................................$

Per Diem, Fees and Contracts ......................................................$

Total Funds Budgeted....................................................................$

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

13,231,258
11,190,135 567,900 892,528 139,900 124,889 425,900 515,100 215,800 225,500
14,297,652 13,231,258

Office of Commissioner of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration

$

2,038,161

$

2,038,161

THURSDAY, JANUARY 25, 1990

293

Insurance Regulation Industrial Loan Regulation Fire Safety and Mobile
Home Regulation Total

$

6,545,218

$

601,266

$

5,113,007

$

14,297,652

$

6,415,218

$

601,266

$

4,176,613

$

13,231,258

Section 25. Department of Labor. Budget Unit: Department of Labor ....................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and
Contracts(JTPA) .........................................................................$ Per Diem, Fees and Contracts ......................................................$ Payments to State Treasury..........................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

6,500,787 61,099,018
6,455,700 830,400 0 450,109
3,540,150 1,305,727 1,423,695
63,102,011 889,999
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
Programs 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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

8,763,322
7,651,249 414,072 132,000 0 31,680 203,321 413,900 88,000 310,000 110,000
9,354,222 8,763,322

Section 27. Department of Medical Assistance. Budget Unit: Medical Services ............................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$

567,530,455
12,589,300 618,086 190,500 0 61,727
13,543,138

294

JOURNAL OF THE HOUSE,

Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Medicaid Benefits, Penalties
and Disallowances .......................................................................$ Payments to Counties for
Mental Health..............................................................................$ Audits Contracts..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

935,973 392,900 24,251,556
1,561,351,220
32,895,060 772,500
1,647,601,960 567,530,455

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Offices Program Management Administration Systems Management Program Integrity Institutional Policies and
Reimbursements Benefits, Penalties
and Disallowances Total

$

2,724,364

$

25,573,672

$

2,878,687

$

15,781,693

$

4,274,665

$

2,122,599

$ 1,594,246,280 $ 1,647,601,960

$

936,319

$

2,838,847

$

494,218

$

4,367,960

$

1,428,300

$

1,014,334

$

556,450,477

$

567,530,455

Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ........................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Insurance Claims Payments .............................................$ Total Funds Budgeted....................................................................$ Agency Assessments........................................................................$

56,093,000 7,510,316 2,056,528 84,509 58,430 2,877,767 884,119 338,970
42,964,275 538,151,513 594,926,427
9,419,549

Employee and Employer Contributions ...............................................................................$

529,340,134

Deferred Compensation..................................................................$ State Funds Budgeted ....................................................................$

73,744 56,093,000

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services Classification and
Compensation Flexible Benefits Program Employee Training
and Development Health Insurance
Administration Health Insurance Claims

$

2,619,632

$

1,130,788

$

1,226,597

$

1,294,553

$

15,645,719

$

569,225,328

$

0

$

0

$

0

$

0

$

0

$

56,093,000

THURSDAY, JANUARY 25, 1990

Internal Administration Commissioner's Office Total

$

2,243,818

$

$

1,539,992

$

$

594,926,427

$

Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources .................................................................. $ Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Land and Water Conservation
G r a n t s ............................................................................................ $ 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 StockParks .............................................................................................$ 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............................................................$ Payment to Georgia Agricultural Exposition Authority ..................................................................$ Historic Preservation Grant ..........................................................$ Environmental Facilities Grants ...................................................$ Georgia Boxing Commission ..........................................................$

295
0 0 56,093,000
87,006,985
56,950,352 10,916,440
497,390 1,521,566 1,688,247
784,603 1,687,930 1,089,755 1,706,390
900,000 1,233,000
300,000
125,000
2,029,000
350,000 225,000 980,000 2,210,000
0
206,000 50,000
485,000
1,848,000
20,000
751,744 125,000 8,575,000
10,000
200,000 150,000
2,152,100 275,000
7,530,000 7,000

296

JOURNAL OF THE HOUSE,

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 .................................................................$ Indirect DOAS Funds.....................................................................$ State Funds Budgeted ....................................................................$

13,000
500,000 250,000 250,000 108,592,517
314,594
315,000 200,000 87,006,985

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

$

14,628,654

$

27,547,151

$

37,774,477

$

26,717,198

$

1,925,037

$

108,592,517

$

13,999,060

$

23,854,765

$

24,184,009

$

23,129,114

$

1,840,037

$

87,006,985

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

Q
1,281,625 690,650 15,800 54,500 295,280 13,514 1,600 12,000 174,131 0
2,539,100 0

Authorities Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

2,539,100

$

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 ............................................................... $ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$

78,245,821
59,687,770 8,878,459 167,250 2,617,532 983,481 4,224,364 71,202 1,317,813

THURSDAY, JANUARY 25, 1990

297

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

258,850 232,500
200,000 275,000 981,600 79,895,821 1,650,000 78,245,821

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

16,192,813

$

16,202,828

$

47,500,180

$

79,895,821

$

16,192,813

$

14,552,828

$

47,500,180

$

78,245,821

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

13,968,661
6,928,399 2,441,826
134,000 61,870 233,183 363,312 89,187 159,000 1,049,800 2,672,323
0 14,132,900 13,647,900

2. Office of Highway Safety Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

414,851 29,600 13,000 0 600 40,000 69,988 5,000 29,100
3,500,000 4,102,139
320,761

Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy

$

4,102,139

$

4,699,985

$

939,682

$

1,262,519

$

320,761

$

4,699,985

$

919,682

$

1,182,519

298

JOURNAL OF THE HOUSE,

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

$

419,356

$

293,052

$

6,518,306

$

18,235,039

$

419,356

$

293,052

$

6,133,306

$

13,968,661

Section 31. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System .................................................$
Payments to Employees' Retirement System ..................................................................$
Employer Contributions .................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

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

Section 32. Public Service Commission. Budget Unit: Public Service
Commission ..............................................................$ Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

7,778,296 6,354,204
401,012 247,660 83,491 163,148 331,000 304,623 115,752 1,235,746 9,236,636 7,778,296

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,684,633

$

3,097,199

$

4,454,804

$

9,236,636

$

1,684,633

$

1,811,999

$

4,281,664

$

7,778,296

Section 33. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction ................................................$ Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations .................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations .................................................................$
Special Funding Initiative .............................................................$ Office of Minority
Business Enterprise.....................................................................$ Special Desegregation Programs ...................................................$ Forestry Research............................................................................$ Research Consortium ......................................................................$

759,277,630
785,554,722 110,000,000
208,331,929 125,000,000
14,000,000
346,605 377,917 300,000
0

THURSDAY, JANUARY 25, 1990

299

Eminent Scholars Program ............................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ Departmental Income .....................................................................$ Sponsored Income ...........................................................................$ Other Funds .....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

0 41,949,287 1,285,860,460 30,083,572 235,000,000 258,471,958
3,027,300 759,277,630

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 Incorporated 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
195,328,237 66,536,986
87,560,169 30,605,353
270,780 2,048,179
1,504,606
2,677,250 2,556,660
158,000
1,024,637 12,521,000
839,750 600,000 200,000
818,346
211,000 405,460,953
3,517,000 97,501,895 160,702,006
555,700 143,184,352

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Extension Service Skidaway Institute
of Oceanography Marine Institute Georgia Tech
Research Institute Education Extension
Services

$

1,867,811

$

3,581,555

$

1,527,038

$

111,771,413

$

6,367,100

$

1,182,103

$

1,518,237

$

931,338

$

12,839,713

$

2,260,088

300

JOURNAL OF THE HOUSE,

Agricultural Experiment Stations
Cooperative Extension Service
Eugene Talmadge Memorial Hospital
Veterinary Medicine Experiment Station
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Total

$

50,236,113

$

48,512,267

$

145,815,884

$

2,953,426

$

2,334,750

$

5,767,380

$

1,947,105

$

2,413,747

$

20,365,364

$

405,460,953

$

33,766,696

$

32,985,567

$

28,117,195

$

2,953,426

$

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

7,230,510
5,783,390 6,636,813 12,420,203 5,189,693 7,230,510

Section 34. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Tax Officials/Retirement
and FICA ......................................................................................$ Grants to Counties/Appraisal
S t a f f ............................................................................................... $ Motor Vehicle Tags and Decals ....................................................$ Postage ..............................................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

70,663,631
45,794,032 3,938,268 1,344,000 168,100 1,290,492 9,333,646 2,593,452 728,100 260,482
2,354,000
1,430,000 2,150,000 3,124,059 74,508,631 3,845,000 70,663,631

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Electronic Data Processing

$

5,818,323

$

10,102,509

$

4,734,801

$

5,818,323

$

9,902,509

$

4,516,801

THURSDAY, JANUARY 25, 1990

301

Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total

$

16,486,597

$

7,893,359

$

14,179,023

$

6,413,206

$

4,530,150

$

4,350,663

$

74,508,631

$

16,186,597

$

6,936,359

$

12,547,023

$

6,413,206

$

4,449,150

$

3,893,663

$

70,663,631

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

21,760,709 14,413,296 2,556,584
235,200 146,403 77,428 725,147 2,242,319 274,476 589,856 500,000 21,760,709 21,760,709

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

$

3,085,387

$

4,949,975

$

4,204,754

$

1,151,608

$

942,873

$

197,758

$

7,228,354

$

21,760,709

$

3,085,387

$

4,949,975

$

4,204,754

$

1,151,608

$

942,873

$

197,758

$

7,228,354

$

21,760,709

Occupational Certification Functional Budgets

Board Costs

Operations

S.B. of Accounting S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers
Commission S.B. of Barbers S.B. of Chiropractic
Examiners State Construction Industry
Licensing Board S.B. of Cosmetology G.B. of Dentistry G.B. of Examiners of
Licensed Dieticians S.B. of Professional
Engineers and Land Surveyors

$

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

302

JOURNAL OF THE HOUSE,

S.B. of Registration for Foresters
S.B. of Funeral Services S.B. of Registration for
Professional Geologists S.B. of Hearing Aid
Dealers and Dispensers S.B. of Landscape Architects S.B. for the Certification
of Librarians Georgia Composite Board of
Professional Counselors, Social Workers and Marriage and Family Therapists Composite S.B. of Medical Examiners S.B. of Nursing Home Administrators G.B. of 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 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

$

3,800

$

$

26,000

$

$

6,800

$

$

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

$

$

1,193,095

$

B. Budget Unit: Real Estate Commission .........................................$ Real Estate Commission Budget:
Personal Services: ............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $

Computer Charges...........................................................................$

29,406 188,170
16,994
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 8,102,778 1,552,017
882,298 139,235 12,000 16,734 10,330 234,920

THURSDAY, JANUARY 25, 1990

303

Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

108,500 47,000 101,000
1,552,017 1,552,017

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 ...............................................................$ E q u i p m e n t , .......................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

1,793,968
829,755 119,206 55,000
0 11,516 6,635 42,660 17,500 155,300 556,396 1,793,968 1,793,968

Section 37. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance
Commission ..............................................................$ Administrations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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
G r a n t s ............................................................................................ $ Paul Douglas Teacher
Scholarship ...................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

21,669,394
3,975,904 373,300 65,800 0 19,395 285,000 125,000 17,500 381,625
4,110,000 14,438,227 5,020,320
42,000
108,000 200,000
407,000
454,300 30,023,371 21,669,394

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation

$

4,861,899

$

$

381,625

$

0 381,625

304

JOURNAL OF THE HOUSE,

Georgia Student Finance Authority
Total

$

24,779,847

$

30,023,371

$

21,287,769

$

21,669,394

Section 38. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

3,537,500
2,785,099 286,917 26,000 14,275
1,017,619 309,375 110,368 336,000
2,700,000
837,500
0 8,423,153 3,537,500

Section 39. Department of Technical and Adult Education.
Budget Unit: Department of Technical and Adult Education ..............................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

128,224,529 3,686,423 327,613 117,000 0 44,400 1,838,216 398,000 56,185 1,017,000
76,883,167 10,872,006 8,290,000 5,619,976 27,021,806
2,804,714 7,008,143 145,984,649 128,224,529

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

7,484,837

$

138,499,812

$

145,984,649

$

6,355,246

$

121,869,283

$

128,224,529

Section 40. Department. of Transportation. Budget Unit: Department of
Transportation ........................................................$

656,484,979

THURSDAY, JANUARY 25, 1990

305

For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Grants to Counties ..........................................................................$ Grants to Municipalities ................................................................$ Capital Outlay - Airport
Development ................................................................................$ Capital Outlay - Airport
Approach Aid and Operational Improvement ................................................................................$ Mass Transit Grants .......................................................................$ Savannah Harbor Maintenance Payments ......................................................................................$ Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction....................................................................$ G.O. Debt Sinking Fund ................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

218,662,313 52,471,244 1,718,000 1,020,000 5,986,095 4,251,229 1,357,789 1,940,320 9,235,041
614,947,607 9,317,013 9,317,000
1,270,000
1,250,000 10,395,426
1,263,500
0 45,741,427 990,144,004 656,484,979

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

$

553,325,560

$

192,098,526

$

8,209,064

$

9,317,013

$

20,828,610

$

900,000

$

784,678,773

$

252,402,839

$

181,021,908

$

7,548,964

$

9,317,013

$

20,157,610

$

900,000

$

471,348,334

General Funds Budget

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

$

9,317,000

$

750,000

$

2,453,784

$

15,029,281

$

1,263,500

$

40,000,000

$

136,651,666

$

205,465,231

$

317,000

$

750,000

$

1,183,784

$

4,970,695

$

1,263,500

$

40,000,000

$

136,651,666

$

185,136,645

Section 41. Department of Veterans Service.

306

JOURNAL OF THE HOUSE,

Budget Unit: Department of Veterans Service ......................................................................$
Personal Services ............................................................................. $ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ...................................................... $ Capital Outlay .................................................................................$ Operating Expense/Payments to
Central State Hospital................................................................$ Operating Expense/Payments to
Medical College of Georgia ........................................................$ Regular Operating Expenses
for Projects and Insurance .........................................................$ Total Funds Budgeted.................................................................... $ State Funds Budgeted ....................................................................$

19,936,381 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
271,000 24,227,232 19,936,381

Veterans Service Functional Budgets

Total Funds

State Funds

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

$

5,241,769

$

13,155,233

$

5,830,230

$

24,227,232

$

5,013,961

$

10,424,190

$

4,498,230

$

19,936,381

Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board ........................................................................$ Personal Services ............................................................................. $ Regular Operating Expenses ......................................................... $ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

8,056,713 6,527,143
297,625 65,250 0 21,715
328,305 608,000 103,695 179,980 8,131,713 8,056,713

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

296,577,446 14,412,260

Section 44. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for

THURSDAY, JANUARY 25, 1990

307

Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 45. Provisions Relative to Section 4, Court of 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 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 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.
From the appropriations in Section 5, a specific sum is hereby appropriated and designated 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 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 48. 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 49. 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, the Board of Court reporting of the Judicial Council, the Governor's Commission on Gender Bias in the Judicial System and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges, the Council of State Court Judges, the Georgia Appelate Practice and Educational Resource Center, and the Department of Administrative Services for operation of the Statewide County Computerized Information Network.
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 allotments 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

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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 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 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.
From the appropriations in Section 17, funds in the amount of $100,000 are designated 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 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 $ 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.

THURSDAY, JANUARY 25, 1990

309

Section 52. Provisions Relative to Section 27, Department of Medical Assistance. Provided that of the State fund appropriation to the Department of Medical Assistance, $2,000,000 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1989.
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-half 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 appropriated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50~(, of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Area Planning and Development Commissions which employ preservation Planners as of July, 1989.
Section 55. Provisions Relative to Section 30, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instructors utilizing federal funds.
Section 56. Provisions Relative to Section 33, Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment 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 programs 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 purchase 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 Department of Technical and Adult 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

310

JOURNAL OF THE HOUSE,

authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 40 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III. Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 60. In addition to all other appropriations for the State fiscal year ending June 30, 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 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.

THURSDAY, JANUARY 25, 1990

311

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 theret.~pon 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. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each 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 I:equired payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

Section 69. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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

312

JOURNAL OF THE HOUSE,

any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For the purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Postage, Equipment, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102~(, of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 70. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 71. 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 maturities, user agencies and user authorities, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,650,000 is specifically appropriated for the purpose 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 Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $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, Trade and Tourism, 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 General Obligation Debt Sinking Fund (New), $4,070,000 is specifically appropriated for the purpose 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, 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 that $37,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
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 issuance of not more than $20,000,000 in principal amount of General Obligation Debt.

THURSDAY, JANUARY 25, 1990

313

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,558,000 is specifically appropriated for the State Board of Education for the purpose of conducting Advanced Incentive capital outlay programs for local school systems currently receiving 4'/;, planning grants 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 $45,580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

Section 72. Delayed Hiring Factor by Department.

Dept. of Corrections "A" Dept. of Human Resources "A" Dept. of Human Resources "B" Dept. Technical and Adult Education 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 73. Cost-of-Living Incr-eases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds for the purposes described herein: 1.) An increase of 2.5% for full-time employees of the Executive, Judicial and Legislative branches of state government, effective July 1, 1989; 2.) For teachers, 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 University System employees, a 2.5% salary increase to be effective September 1, 1989, for academic contracted personnel and a 2.5% salary increase, effective July 1, 1989, for nonacademic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; and 6.) An increase of 2.5'/;, for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.
In addition, there has been distributed to and included in the agency appropriations listed hereinbefore State Funds for two 1.5% cost-of-living adjustments for retired members of the Enwloyee Retirement System.

Section 7\l. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1990 .................................................................................$ 7,643,807,302

Section 75. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 76. All laws and parts of laws in conflict with this Act are repealed."

The following Committee substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act", approved April 18, 1989 (Ga. L. 1989, P. 1492), so as to change certain appropriations for the State Fiscal Year 1989-1990; to make language

314

JOURNAL OF THE HOUSE,

and other changes; to provide an effecitive date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1989-1990, as amended, known as the "General Appropriations Act," approved April 18, 1989 (Ga. L. 1989, P. 1492), is further amended by striking everything following the enacting clause through Section 78 and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts -
S t a f f............................................................................................... $ Per Diem, Fees and Contracts -
Elected Officials...........................................................................$ Photography .....................................................................................$ Expense Reimbursement Account ................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

21,267,336 10,513,000
3,427,649 2,094,900
112,200 7,000 0
231,000 369,000
65,100 664,000
386,259
2,204,228 65,000
1,128,000 0
21,267,336 21,267,336

Senate Functional Budgets

Total Funds

State Funds

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

$

4,031,903

$

576,073

$

1,052,815

$

5,660,791

$

4,031,903

$

576,073

$

1,052,815

$

5,660,791

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

THURSDAY, JANUARY 25, 1990

315

Joint Functional Budgets

Total Funds

State Funds

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

$

2,033,514

$

1,919,437

$

786,181

$

1,061,148

$

5,800,280

$

2,033,514

$

1,919,437

$

786,181

$

1,061,148

$

5,800,280

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 Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and 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 ...............................................................$ E q u i p m e n t ........................................................................................$ Per Diem, Fees and Contracts ......................................................$ Real Estate Rentals ........................................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Total 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

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JOURNAL OF THE HOUSE,

State Funds Budgeted ....................................................................$
PART II. JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council.....................................................$ Sentence Review Panel ..................................................................$ Council of Superior
Court Judges ................................................................................$ Judicial Administrative
Districts ......................................................................................... $ Habeas Corpus Clerk ......................................................................$
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ..............................................................$
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..................................................$
Institute's Operations .................................................................$ Georgia Magistrate Courts
Training Council..........................................................................$
Section 8. Judicial Council. Budget Unit: Judicial Council .............................................................$
Council Operations..........................................................................$ Payments to Judicial
Administrative Districts for Case Counting ..............................................................................$ Board of Court Reporting..............................................................$ Payment to Council for Magistrate Court Judges ................................................................................$ Payment to Council for Probate Court Judges ................................................................................$ Payment to Council for State Court Judges ................................................................................$ 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 ....................................................................................$

14,106,131
4,210,943
5,216,026
39,445,788 37,695,444
692,233 126,479 85,425 831,207 15,000
562,500 437,000 125,500
1,794,304 773,677
73,500 30,355 26,000 20,000 10,000 231,132 629,640
1,000,000 950,000 50,000

THURSDAY, JANUARY 25, 1990

317

PART Ill. 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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Rents and Maintenance Expense .................................................$ Utilities .............................................................................................$ Payments to DOAS Fiscal
Administration .............................................................................$ Direct Payments to Georgia
Building Authority for Capital Outlay..............................................................................$ Direct Payments to Georgia Building Authority for Operations ....................................................................................$ Telephone Billings ..........................................................................$ Materials for Resale ........................................................................$ Public Safety Officers Indemnity Fund...........................................................................$ Health Planning Review Board Operations ....................................................................................$ Georgia Golf Hall of Fame Operations ....................................................................................$ Authorities Liability Reserve Fund ...............................................................................$ Grants to Counties ..........................................................................$ Grants to Municipalities ................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

45,034,707
46,443,227 10,157,106
341,800 426,000 2,119,906 9,311,581 3,545,328 904,605 1,337,060 16,169,500
37,900
2,000,000
1,000,000
3,260,000 36,494,172 13,000,000
608,800
40,000
30,000
0 2,600,000 4,200,000 154,026,985 45,034,707

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

$

430,696

$

6,726,013

$

17,339,145

$

12,762,042

$

2,926,504

$

681,221

$

572,247

$

51,300,540

$

4,018,049

$

46,187,199

$

430,696

$

6,695,948

$

15,339,145

$

0

$

2,926,504

$

0

$

572,247

$

13,220,167

$

0

$

5,850,000

318

JOURNAL OF THE HOUSE,

Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

$

6,694,476

$

1,567,948

$

949,833

$

1,871,072

$

154,026,985

$

0

$

0

$

0

$

0

$

45,034,707

B. Budget Unit: Georgia Building Authority ..................................................................$
Georgia Building Authority Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Contractual Expense .......................................................................$ F u e l .................................................................................................... $ Facilities Renovations and Repairs ..................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

Q
19,882,891 4,953,819
22,750 238,500 220,775 96,000
10,800 138,600 164,800 260,000 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 Facility Renovations Total

$

1,950,197

$

0

$

5,117,756

$

0

$

5,101,654

$

0

$

5,088,928

$

0

$

301,103

$

0

$

4,723,888

$

0

$

11,176,672

$

0

$

885,375

$

0

$

0

$

0

$

34,345,573

$

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

251,364
4,522,464 3,998,000 1,504,800
271,900 700,000
0 0 20,200 800,000 0 0 11,817,364 251,364

Section 12. Department of Agriculture.

THURSDAY, JANUARY 25, 1990

319

A. Budget Unit: Department of Agriculture ...............................................................$
State Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ........................................................................$ Boll Weevil Eradication Program .................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

38,503,409
30,070,747 3,563,483 876,524 500,842 270,000 463,294 851,763 401,619 316,871 650,000
2,335,105
2,369,943 547,000 91,000 60,000 205,000
565,132
370,000 0
60,000 50,000
0 3,000,000 47,618,323 38,503,409

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

$

4,913,866

$

7,293,619

$

1,898,802

$

3,744,767

$

4,662,651

$

1,504,817

$

3,159,466

$

6,250,543

$

4,170,603

$

4,493,929

$

399,160

$

5,126,100

$

47,618,323

$

4,564,866

$

6,919,619

$

1,861,548

$

3,744,767

$

4,591,988

$

1,504,817

$

3,145,566

$

4,761,101

$

1,534,173

$

999,714

$

4,404

$

4,870,846

$

38,503,409

B. Budget Unit: Georgia Agrirama

Development Authority .........................................$

Q

320

JOURNAL OF THE HOUSE,

Georgia Agrirama Development Authority Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$
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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$
Section 14. Department of Community Affairs. A. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Felony Expenses ................................................................$ Contracts with Regional
Development Commissions ........................................................$ Local Assistance Grants .................................................................$ Appalachian Regional Commission
Assessment ...................................................................................$ Community Development Block
Grants (Federal) ..........................................................................$ Music Hall of Fame ........................................................................$ Grant Herty Foundation .............................................................$ Local Development Fund ...............................................................$ Payment to Georgia Residential
Finance Authority .......................................................................$

595,229 141,420
7,250 0
7,611 0 0
9,000 32,000 76,000 120,000 988,510
0
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
22,005,071
5,649,091 299,911 202,755 0 27,410 219,155 467,662 68,574 134,020 158,000
2,625,000 4,787,402
120,759
30,000,000 50,000
4,200,000 1,650,000
2,450,000

THURSDAY, JANUARY 25, 1990

321

Payment to Georgia Environmental Facilities Authority for Operations ....................................................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

406,515 53,516,254 22,005,071

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of the Commissioner Technical Assistance Financial Assistance Rural Development Coordinated Planning Total

$

1,041,916

$

1,437,938

$

48,382,901

$

1,166,641

$

1,486,858

$

53,516,254

$

1,019,416

$

1,269,126

$

17,227,741

$

1,126,641

$

1,362,147

$

22,005,071

Section 15. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation ..........................................................$ Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Court Costs.......................................................................................$ County Subsidy ...............................................................................$ County Subsidy for Jails ................................................................$ County Workcamp Construction
Grants............................................................................................$ Grants for Local Jails .....................................................................$ Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities ...................................................................$ Payments to Public Safety
for Meals .......................................................................................$ Inmate Release Fund ......................................................................$ Health Services Purchases .............................................................$ Payments to MAG for Health
Care Certification ........................................................................$ University of Georgia -
Cooperative Extension Service Contracts .........................................................................$ Minor Construction Fund ..............................................................$
Authority Lease Rentals ................................................................$ Total Funds Budgeted....................................................................$
Indirect DOAS Funding .................................................................$ Georgia Correctional Industries ....................................................$
State Funds Budgeted ....................................................................$

494,547,871 271,050,639 32,750,154
1,589,804 3,279,000 8,171,294 1,613,000 3,253,000 2,850,358 1,810,152 118,349,450 10,403,265
380,000 12,454,000 9,625,000
525,000 200,000 750,000
3,262,000
1,258,000
350,000 1,165,000 17,492,082
50,000
304,000 0
200,000 503,135,198
450,000 0
494,547,871

322

JOURNAL OF THE HOUSE,

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

164,804,654

$

272,235,934

$

66,094,610

$

503,135,198

$

164,306,151

$

270,728,934

$

59,512,786

$

494,547,871

B. Budget Unit: Board of Pardons and Paroles ......................................................................$
Board of Pardons and Paroles Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Jail Subsidy........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

30,957,193
22,826,976 920,015 752,760 265,000 795,279 690,159
1,604,700 903,466
1,210,938 987,900
30,957,193 30,957,193

Section 16. Department of Defense. Budget Unit: Department of Defense ................................................$ Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

5,622,287
8,563,115 4,207,153
77,604 41,500 69,525 22,155 5,760 154,276 201,500
1,044,200 51,000
18,000 42,000 1,182,133 66,315 180,000 15,926,236 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

$

3,288,386

$

3,764,149

$

7,480,211

$

15,926,236

$

1,314,373

$

1,026,912

$

534,991

$

2,746,011

$

5,622,287

THURSDAY, JANUARY 25, 1990
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 ......................................................................$ Local Fair Share ..............................................................................$
Other Categorical Grants: Equalization Formula .....................................................................$ Sparsity Grants................................................................................$ In School Suspension......................................................................$ Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education LowIncidence 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......................................................................$

323
2,777,412,534
42,518,139 5,476,303 1,931,117 91,783 772,828
14,265,442 2,442,691 829,900
22,450,366 770,888 472,000
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 (479,220,239)
131,572,698 3,819,603 8,700,000
19,180,000 19,849,036
100,000
95,312,627
3,503,745
28,483,503
888,439
2,475,000 33,732,168 113,396,789 24,003,046
6,575,151

324

JOURNAL OF THE HOUSE,

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
Board of Technical & Adult E d u c a t i o n ...................................................................................... $ Innovative Programs .......................................................................$ Technology Grants ..........................................................................$ Limited English-Speaking Students Program .......................................................................$ Drug Free School (Federal) ...........................................................$ Transition Program for Refugees .................................................$ Emergency Immigrant Education Program ........................................................................................$ Title II Math/Science Grant (Federal) .......................................................................................$ Robert C. Byrd Scholarship (Federal) .......................................................................................$ Public Library Construction ..........................................................$ Local School Construction .............................................................$ Asbestos Removal............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$

6,219,983
2,720,965 16,732,524
3,473,560 1,066,000
452,000 3,084,680
366,540
9,359,269 4,679,416
816,645 3,763,992
0
16,787,825
10,026,258
13,848,106 2,453,089 850,000
3,135,000 5,162,697
113,861
100,000
2,252,698
154,000 14,700,000 115,112,826
100,817 3,101,674,485
340,000

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

$

16,418,162

$

18,290,112

$

1,301,885

$

13,819,306

$

19,700,771

$

4,553,515

$

287,980

2,777,412,534

State Funds

$

15,329,219

$

9,396,626

$

1,159,366

$

9,382,499

$

19,265,221

$

2,954,188

$

287,980

THURSDAY, JANUARY 25, 1990

325

Professional Practices Commission
Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

$

586,251

$

$ 3,009,653,028

$

$

4,632,126

$

$

7,430,656

$

$

5,000,693

$

$ 3,101,674,485

$

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

586,251 2,703,011,913
4,406,864 7,104,424
4,527,983 2,777,412,534
Q
1,326,323 125,000 8,000 0 7,000 289,000 124,000 32,000 718,000 0 0
2,629,323 0

Section 19. Forestry Commission. Budget Unit: Forestry Commission ....................................................$ State Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

36,854,112
28,750,590 6,922,549
174,520 1,228,810 2,730,173
154,806 39,174 942,267 478,764 310,000
0
30,000
60,000 30,500 551,000 42,403,153 36,854,112

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation

$

5,289,193

$

2,304,153

326

JOURNAL OF THE HOUSE,

Field Services Wood Energy General Administration
and Support Total

$

34,434,595

$

28,912

$

2,650,453

$

42,403,153

$

31,899,517

$

28,912

$

2,621,530

$

36,854,112

Section 20. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation ............................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ............................................................... $ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Evidence Purchased ........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted .................................................................... $

33,935,615
24,299,481 2,544,438 646,760 624,650 596,288 631,000 1,785,200 1,955,798 277,000 500,000 75,000
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

$

6,702,771

$

10,691,312

$

6,770,786

$

6,759,329

$

33,935,615

$

3,011,417

$

6,702,771

$

10,691,312

$

6,770,786

$

6,759,329

$

33,935,615

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

22,579,392 9,458,962
482,288 186,775
0 76,334 158,637 655,161 202,395 32,030,986 2,860,758 40,000 3,212,500 162,000 2,850,000 331,600 50,000 40,000 1,162,835 100,000 1,262,925

THURSDAY, JANUARY 25, 1990

327

Payments to Hazardous Waste Management Authority ..............................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

1,420,000 56,744,156 22,579,392

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

$

6,275,258

$

856,494

$

6,059,205

$

3,936,074

$

2,144,435

$

32,405,666

$

341,005

$

650,834

$

741,861

$

1,519,390

$

1,687,046

$

0

$

126,888

$

56,744,156

$

6,275,258

$

779,840

$

6,059,205

$

3,417,010

$

2,144,435

$

326,982

$

151,445

$

650,834

$

487,982

$

472,467

$

1,687,046

$

0

$

126,888

$

22,579,392

Section 22. Department of Human Resources. A. Budget Unit: Departmental
Operations ................................................................$ 1. General Administration and
Support Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Postage ..............................................................................................$ Capital Outlay .................................................................................$ Institutional Repairs and
Maintenance .................................................................................$ Payments to DMA -
Community Care .........................................................................$ Service Benefits for Children ........................................................$ Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

481,926,861
61,668,877 3,897,862 1,627,050 860,441 601,460 2,871,470 5,550,617 1,367,492 2,871,613 393,992 1,390,017 0
116,700
9,429,100 12,696,000
258,000 35,539,845 141,140,536
638,300 64,324,798

328

JOURNAL OF THE HOUSE,

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Indirect Cost Facilities Management Public Affairs Community/ Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office of Children and Youth Planning Councils Community Services Block Grant Regulatory Services Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning and Development Agency Total

$

798,516

$

1,850,632

$

339,894

$

1,818,464

$

0

$

5,105,154

$

575,196

$

652,178

$

1,711,377

$

5,531,105

$

2,097,888

$

524,000

$

12,696,000

$

501,971

$

9,103,127

$

736,896

$

2,597,142

$

800,718

$

4,612,799

$

482,579

$

888,887

$

5,705,318

$

29,332,779

$

12,166,893

$

39,155,875

$

1,355,148

$

141,140,536

$

798,516

$

1,850,632

$

339,894

$

1,818,464

$

(6,213,445)

$

3,573,459

$

575,196

$

652,178

$

1,711,377

$

5,331,105

$

2,097,888

$

524,000

$

12,103,358

$

148,760

$

0

$

726,896

$

2,597,142

$

459,723

$

1,290,979

$

482,579

$

671,139

$

224,443

$

4,028,402

$

11,239,293

$

15,987,672

$

1,305,148

$

64,324,798

2. Public Health Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ..........................................................$

49,684,158 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

THURSDAY, JANUARY 25, 1990

329

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

0 7,456,223
400,000
2,766,470 2,291,549
518,060 69,268,121 11,826,121
6,400,500 220,418,740
549,718

Public Health Functional Budgets

Total Funds

State Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration 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

$

130,212,899

$

679,630

$

315,618

$

1,218,750

$

1,769,375

$

620,651

$

749,280

$

1,460,841

$

929,807

$

0

$

301,361

$

1,551,844

$

5,491,914

$

9,326,513

$

1,053,587

$

6,222,745

$

0

$

1,580,706

$

9,929,425

$

1,353,103

$

694,308

$

3,965,876

$

515,108

$

5,400,492

$

1,922,909

$

10,282,886

$

746,105

$

3,165,564

$

4,435,868

$

50,549,955

$

400,563

$

1,214,463

$

2,363,652

$

876,855

$

375,618

$

1,303,750

$

1,933,437

$

843,469

$

815,213

$

1,990,841

$

1,841,921

$

599,292

$

1,567,444

$

1,704,685

$

11,453,558

$

10,493,423

$

3,065,463

$

10,253,585

$

56,504,981

$

1,790,881

$

12,163,487

$

1,353,103

$

694,308

$

4,069,451

$

1,003,880

$

5,520,492

$

2,983,409

$

10,412,561

$

936,370

$

3,655,564

$

4,435,868

$

57,114,862

$

483,695

$

3,059,110

$

5,118,164

$

220,418,740

3. Rehabilitation Services Budget:

330

JOURNAL OF THE HOUSE,

Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ Postage ..............................................................................................$ Institutional Repairs
and Maintenance .........................................................................$ Case Services....................................................................................$ E.S.R.P. Case Services....................................................................$ Special Purpose Contracts .............................................................$ Purchase of Services Contracts .....................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

65,937,525 9,849,338 815,163 119,000 351,573 1,728,383 2,902,171 1,420,350 4,487,877 977,500 0 425,050
242,500 16,157,000
52,000 774,000 7,202,585 113,442,015 100,000 24,939,076

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 District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

$

3,855,811

$

862,128

$

7,701,819

$

18,219,762

$

13,137,741

$

23,975,174

$

854,410

$

36,407,029

$

513,031

$

1,467,425

$

6,027,535

$

420,150

$

113,442,015

$

1,462,090

$

717,125

$

1,540,362

$

4,827,754

$

735,179

$

0

$

0

$

8,178,106

$

308,031

$

722,744

$

6,027,535

$

420,150

$

24,939,076

4. Family and Children Services Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Postage ..............................................................................................$ Cash Benefits ................................................................................... $

14,978,953 1,559,285 415,227 0 147,916
16,791,984 226,365
1,156,500 5,415,713
9,100 1,461,435 316,130,150

THURSDAY, JANUARY 25, 1990

331

Grants to County DFACSOperations ....................................................................................$
Service Benefits for Children-$ Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

202,315,964 46,499,365 3,532,000
2,260,000 612,899,957
2,339,882 262,450,088

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 Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support County DFACS Operations -
Employability Program Total

$

1,329,923

$

305,603,127

$

100

$

10,051,000

$

55,487,205

$

87,304,295

$

50,056,998

$

6,991,195

$

2,425,000

$

887,056

$

4,461,608

$

4,089,928

$

4,675,683

$

19,668,218

$

2,646,992

$

0

$

2,318,389

$

2,000,000

$

21,768,990

$

2,630,504

$

791,500

$

3,591,282

$

15,865,300

$

158,000

$

776,500

$

1,231,500

$

3,478,393

$

2,611,271

$

612,899,957

$

0

$

115,796,590

$

100

$

0

$

9,283,607

$

43,588,161

$

24,344,929

$

6,991,195

$

0

$

887,056

$

3,712,015

$

4,089,928

$

2,229,303

$

8,535,303

$

2,646,992

$

(6,608,748)

$

1,908,631

$

2,000,000

$

15,062,835

$

2,120,902

$

613,359

$

2,594,470

$

15,865,300

$

158,000

$

776,500

$

1,209,131

$

3,313,393

$

1,331,136

$

262,450,088

Budget Unit Object Classes: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$

192,269,513 69,750,011
4,105,505 979,441
1,599,587 22,062,669 9,632,613 4,666,647

332

JOURNAL OF THE HOUSE,

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 I n s t i t u t i o n s ............................................................... $
Departmental Operations: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ............................................................................$

16,318,269 1,380,592 3,388,353 0
4,936,795
2,055,000 7,456,223
624,000 400,000 2,766,470
2,291,549 518,060
69,268,121 9,429,100
59,195,365 16,157,000
52,000 316,130,150
202,315,964
359,200 10,964,500 56,828,551
513,076,100
388,940,184 35,794,041 1,118,360 574,700 3,517,648 4,964,536 882,375 3,149,333 6,185,703 13,368,100 10,135,200 2,451,904
11,208,300
2,768,050
35,847,141
88,484,941
14,675,191
55,648,377

THURSDAY, JANUARY 25, 1990

333

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

1,424,600 3,137,860
597,000 684,873,544
2,404,100 513,076,100

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Admininistration Regional Youth Development Centers

$

38,623,696

$

36,065,680

$

28,650,720

$

22,800,638

$

31,474,308

$

30,031,010

$

133,510,192

$

24,766,009

$

46,379,127

$

22,595,721

$

3,238,022

$

9,372,910

$

5,253,273

$

67,842,915

$

14,344,591

$

663,472

$

447,950

$

1,366,888

$

55,648,377

$

383,300

$

1,612,094

$

291,930

$

330,600

$

3,658,709

$

15,517,237

$

76,900

$

9,452,199

$

22,174,417

$

25,297,654

$

18,223,178

$

24,802,478

$

19,252,794

$

24,642,366

$

23,223,276

$

89,647,527

$

22,076,166

$

24,199,935

$

18,641,878

$

2,391,246

$

9,169,615

$

2,728,168

$

40,106,915

$

14,344,591

$

635,007

$

447,950

$

1,366,888

$

43,561,802

$

383,300

$

1,361,594

$

291,930

$

330,600

$

3,658,709

$

15,517,237

$

76,900

$

7,395,120

$

21,760,417

334

JOURNAL OF THE HOUSE,

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

$

15,251,814

$

9,683,541

$

4,177,578

$

3,838,440

$

12,713,358

$

2,741,295

$

959,601

$

678,808

$

4,600,009

$

697,861

$

412,034

$

2,546,TIQ

$

684,873,544

$

14,882,714

$

9,611,841

$

4,059,678

$

3,737,340

$

12,713,358

$

2,741,295

$

959,601

$

678,808

$

4,500,009

$

697,861

$

412,034

$

2,546,320

$

513,076,100

Section 23. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade .................................................................$ State Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Local Welcome Center Contracts .................................................$ Advertising and Cooperative
Advertising ...................................................................................$ Georgia Ports Authority -
Authority Lease Rentals.............................................................$ Historic Chattahoochee
Commission Contract.. ................................................................$ Atlanta Council for
International Visitors..................................................................$ Waterway Development in
Georgia ..........................................................................................$ Georgia Music Week Promotion ...................................................$ Georgia World Congress Center
Operating Expenses ....................................................................$ Contract - Georgia Association
of Broadcasters ............................................................................$ Southern Center for
International Studies ..................................................................$ Music Hall of Fame ........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

18,932,081
7,530,214 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
90,000
25,000
50,000 35,000
100,000
53,000
25,000 0 0
20,010,081 18,932,081

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration

$

6,666,463

$

5,856,463

THURSDAY, JANUARY 25, 1990

335

Economic Development Tourism Total

$

5,084,655

$

8,258,963

$

20,010,081

$

4,956,655

$

8,118,963

$

18,932,081

Section 24. Department of Insurance.

Budget Unit: Department of Insurance.

$

Operations Budget:

Personal Services.............................................................................$

Regular Operating Expenses .........................................................$

Travel ................................................................................................$

Motor Vehicle Purchases ...............................................................$

E q u i p m e n t ........................................................................................ $

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

6,500,787
61,099,018 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 3,522,478 144,393,365 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

336

JOURNAL OF THE HOUSE,

Section 26. Department of Law. Budget Unit: Department of Law .......................................................$ Attorney General's Office Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Books for State Library ................................................................. $ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

8,763,322
7,651,249 414,072 132,000 0 31,680 203,321 413,900 88,000 310,000 110,000
9,354,222 8,763,322

Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services..........................................................$ Departmental Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Medicaid Payments, Penalties
and Disallowances .......................................................................$ Payments to Counties for
Mental Health..............................................................................$ Audit Contracts ...............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

557,606,804
12,589,300 618,086 190,500 0 61,727
13,543,138 935,973 392,900
24,251,556
1,538,322,255
29,684,864 772,500
1,621,362,799 557,606,804

Medical Assistance Functional Budgets

Total Funds

State Funds

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

$

2,724,364

$

25,156,866

$

15,781,693

$

2,878,687

$

4,274,665

$

2,539,405

$ 1,568,007,119 $ 1,621,362,799

$

833,039

$

2,660,444

$

4,367,960

$

464,218

$

1,428,300

$

1,222,737

$

546,630,106

$

557,606,804

Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ........................................................$ Departmental Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ E q u i p m e n t ........................................................................................ $

26,093,000
7,510,316 2,056,528
84,509 58,430

THURSDAY, JANUARY 25, 1990

337

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

2,877,767 884,119 338,970
42,964,275 508,151,513 564,926,427
9,419,549
529,340,134 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

$

2,619,632

$

1,130,788

$

1,226,597

$

1,294,553

$

15,645,719

$

539,225,328

$

2,243,818

$

1,539,992

$

564,926,427

$

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 ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ..............................................................$

86,969,785
56,950,352 10,911,440
497,390 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
350,000 225,000 980,000 2,210,000
0

338

JOURNAL OF THE HOUSE,

Contract - Special Olympics, Inc ..................................................................................................$
Georgia Sports Hall of Fame.........................................................$ Capital Outlay - Heritage
Trust - Wildlife Management Area Land Acquisition................................................................$ Capital Outlay - User Fee Enhancements - Parks................................................................$ Capital Outlay - Buoy Maintenance .................................................................................$ Capital Outlay - Consolidated Maintenance - Game and Fish.................................................. $ Technical Assistance Contract ......................................................$ Capital Outlay .................................................................................$ Contract - Georgia Rural Water Association........................................................................$ Contract - Corps of Engineers (Cold Water Creek St. Park) .....................................................$ Advertising and Promotion............................................................$ Payments to Georgia Agricultural Exposition Authority ..................................................................$ Historic Preservation Grant ..........................................................$ Environmental Facilities Grants ...................................................$ 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 .................................................................$ Indirect DOAS Funding .................................................................$ State Funds Budgeted ....................................................................$

206,000 50,000
485,000
1,848,000
20,000
751,744 125,000 8,575,000
10,000
200,000 150,000
2,152,100 275,000
7,500,000 7,000 13,000
500,000 250,000 250,000 108,555,317
314,594
315,000 200,000 86,969,785

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

$

14,628,654

$

27,547,151

$

37,767,277

$

26,687,198

$

1,925,037

$

108,555,317

$

13,999,060

$

23,854,765

$

24,176,809

$

23,099,114

$

1,840,037

$

86,969,785

B. Budget Unit: Georgia Agricultural Exposition Authority ..............................................$
Operations Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$

Q
838,059 677,552
25,000 77,900 295,280
5,814 2,400

THURSDAY, JANUARY 25, 1990

339

Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

9,600 220,495
0 2,152,100
0

Functional Budget

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

78,225,821
59,687,770 8,878,459 167,250 2,617,532 963,481 4,224,364 71,202 1,317,813 258,850 232,500
200,000 275,000 981,600 79,875,821 1,650,000 78,225,821

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

17,874,233

$

16,065,742

$

45,935,846

$

79,875,821

$

16,374,233

$

16,065,742

$

45,785,846

$

78,225,821

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$

13,968,661
7,033,399 2,441,826
134,000 116,282 178,771 363,312 89,187 159,000 859,800 2,757,323
0 14,132,900

340

JOURNAL OF THE HOUSE,

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

13,647,900

2. Office of Highway Safety Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

414,851 29,600 13,000 0 600 40,000 69,988 5,000 29,100
3,500,000 4,102,139
320,761

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

$

4,102,139

$

4,699,985

$

939,682

$

1,262,519

$

419,356

$

293,052

$

6,518,306

$

18,235,039

$

320,761

$

4,699,985

$

919,682

$

1,182,519

$

419,356

$

293,052

$

6,133,306

$

13,968,661

Section 31. 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 ....................................................................$
Section 32. Public Service Commission. Budget Unit: Public Service
Commission ..............................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$

13,915,342
291,342 13,624,000 13,915,342 13,915,342
7,778,296
6,354,204 401,012 247,660 83,491 163,148 331,000 304,623 115,752
1,235,746 9,236,636

THURSDAY, JANUARY 25, 1990

341

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

7,778,296

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,684,633

$

3,097,199

$

4,454,804

$

9,236,636

$

1,684,633

$

1,811,999

$

4,281,664

$

7,778,296

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

759,277,630
785,554,722 110,000,000
208,331,929 125,000,000 14,000,000
346,605 377,917 300,000
0 0 41,949,287 1,285,860,460 30,083,572 235,000,000 258,471,958 3,027,300 759,277,630

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

143,24 7,352
195,328,237 66,536,986
87,673,169 30,605,353
270,780 2,048,179
1,504,606
2,677,250 2,506,660
158,000
1,024,637 12,521,000

342

JOURNAL OF THE HOUSE,

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

839,750 600,000 200,000
818,346
211,000 405,523,953
3,517,000 97,501,895 160,702,006
555,700 143,247,352

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 Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
Teaching Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Total

$

1,867,811

$

3,581,555

$

1,527,038

$

111,771,413

$

6,367,100

$

50,236,113

$

48,512,267

$

145,815,884

$

2,953,426

$

2,334,750

$

5,830,380

$

1,947,105

$

2,413,747

$

20,365,364

$

405,523,953

$

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

$

501,750

$

5,830,380

$

0

$

62,464

$

20,298,395

$

143,247,352

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

7,230,510
5,783,390 6,636,813 12,420,203 5,189,693 7,230,510

Section 34. Department of Revenue.

THURSDAY, JANUARY 25, 1990

343

Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Tax Officials/Retirement
and FICA ......................................................................................$ Grants to Counties/Appraisal
S t a f f ............................................................................................... $ Motor Vehicle Tags and Decals ....................................................$ Postage ..............................................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

70,663,631
45,794,032 3,938,268 1,344,000 168,100 1,290,492 9,333,646 2,593,452 728,100 260,482
2,354,000
1,430,000 2,150,000 3,124,059 74,508,631 3,845,000 70,663,631

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

$

5,818,323

$

10,102,509

$

4,734,801

$

16,486,597

$

7,893,359

$

14,179,023

$

6,413,206

$

4,530,150

$

4,350,663

$

74,508,631

$

5,818,323

$

9,902,509

$

4,516,801

$

16,186,597

$

6,936,359

$

12,547,023

$

6,413,206

$

4,449,150

$

3,893,663

$

70,663,631

Section 35. Secretary of State. Budget Unit: Secretary of State ..........................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Election Expenses ...........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

21,774,909 14,413,296
2,570,784 235,200 146,403 77,428 725,147
2,242,319 274,476 589,856 500,000
21,774,909 21,774,909

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Business Services and
Regulation

$

3,099,587

$

4,949,975

$

4,204,754

$

3,099,587

$

4,949,975

$

4,204,754

344

JOURNAL OF THE HOUSE,

Elections and Campaign Disclosure
Drugs and Narcotics State Ethics Commission Occupational Certification Total

$

1,151,608

$

942,873

$

197,758

$

7,228,354

$

21,774,909

$

1,151,608

$

942,873

$

197,758

$

7,228,354

$

21,774,909

Occupational Certification Functional Budgets

Board Costs

Cost of Operations

S.B. of Accountancy S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers
Commission S.B. of Barbers G.B. of Chiropractic
Examiners State Construction Industry
Licensing Board S.B. of Cosmetology G.B. of Dentistry G.B. of Examiners of
Licensed Dieticians S.B. of Professional
Engineers and Land Surveyors S.B. of Registration for Foresters S.B. of Funeral Services S.B. of Registration for Professional Geologists S.B. of Hearing Aid Dealers and Dispensers G.B. of Landscape Architects S.B. for the Certification of Librarians Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists Composite S.B. of Medical Examiners S.B. of Nursing Home Administrators G.B. of Nursing S.B. of Dispensing Opticians S.B. of Examiners in Optometry S.B. of Occupational Therapy S.B. of Pharmacy S.B. of Physical Therapy S.B. of Podiatry Examiners S.B. of Polygraph Examiners G.B. of Examiners of Licensed Practical Nurses

$

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

$

21,600

$

31,217

$

3,965

$

20,966

$

16,000

$

113,o73

$

115,000

$

1,193,058

$

16,000

$

41,555

$

79,000

$

1,081,927

$

10,500

$

38,664

$

20,000

$

47,369

$

10,000

$

18,900

$

84,500

$

541,543

$

17,000

$

70,530

$

7,500

$

21,129

$

7,000

$

30,669

$

55,500

$

592,702

THURSDAY, JANUARY 25, 1990

345

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

$

15,000

$

315,722

$

21,500

$

59,859

$

8,500

$

21,048

$

7,500

$

29,894

$

15,000

$

203,990

$

13,850

$

49,920

$

45,000

$

81,987

$

12,100

$

1,200,595

$

182,652

$

8,114,358

B. Budget Unit: Real Estate Commission .........................................$ Real Estate Commission Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

1,552,017
882,298 139,235
12,000 16,734 10,330 227,170 116,250 47,000 101,000 1,552,017 1,552,017

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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

1,793,968
829,755 119,206
55,000 0
11,516 6,635 42,660 17,500 155,300 556,396 1,793,968 1,793,968

Section 37. Student Finance Commission.

346

JOURNAL OF THE HOUSE,

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 G r a n t s ............................................................................................ $ Paul Douglas Teacher Scholarship Loans .......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

21,819,394
3,975,904 373,300 65,800 0 19,395 285,000 125,000 17,500 381,625
4,110,000 14,588,227 5,020,320
42,000
108,000 200,000
407,000
454,300 30,173,371 21,819,394

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

$

24,929,847

$

30,173,371

$

0

$

381,625

$

21,437,769

$

21,819,394

Section 38. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System ......................................................................$ Departmental Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Equipment ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Cost-of-Living Increases for Local
Retirement System Members ....................................................$ Floor Fund for Local
Retirement Systems ....................................................................$ Post Retirement Benefit
Increases for Retirees..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

3,537,500
2,785,099 286,917 26,000 14,275
1,017,619 309,375 110,368 336,000
2,700,000
837,500
0 8,423,153 3,537,500

THURSDAY, JANUARY 25, 1990

347

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 ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

128,224,529
3,686,423 327,613 117,000 0 44,400
1,838,216 398,000 56,185
1,017,000 76,883,167 10,872,006
8,290,000 5,619,976 27,116,806 2,709,714 7,008,143 145,984,649 128,224,529

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

7,484,837

$

138,499,812

$

145,984,649

$

6,355,246

$

121,869,283

$

128,224,529

Section 40. Department of Transportation. Budget Unit: Department of
Transportation ........................................................$ For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 .......................................................................$

656,484,979
218,662,313 52,471,244 1,718,000 1,020,000 5,986,095 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

348

JOURNAL OF THE HOUSE,

Savannah Harbor Maintenance Payments ......................................................................................$
Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction....................................................................$
G.O. Debt Sinking Fund ................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

1,263,500
0 45,741,427 990,144,004 656,484,979

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

$

20,828,610

$

900,000

$

786,330,439

$

252,402,839

$

181,021,908

$

7,548,964

$

9,317,013

$

20,157,610

$

900,000

$

471,348,334

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

$

2,453,784

$

15,029,281

$

1,263,500

$

135,000,000

$

40,000,000

$

203,813,565

$

317,000

$

750,000

$

1,183,784

$

4,970,695

$

1,263,500

$

136,651,666

$

40,000,000

$

185,136,645

Section 41. Department of Veterans Service. Budget Unit: Department of Veterans
Service ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$
Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Operating Expense/Payments to
Central State Hospital................................................................$ Operating Expense/Payments to
Medical College of Georgia ........................................................$ Regular Operating Expenses
for Projects and Insurance .........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

19,936,381
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
271,000 24,227,232 19,936,381

THURSDAY, JANUARY 25, 1990

349

Veterans Service Functional Budgets

Total Funds

State Funds

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

$

5,241,769

$

13,155,233

$

5,830,230

$

24,227,232

$

5,013,961

$

10,424,190

$

4,498,230

$

19,936,381

Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board ........................................................................$ Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Georgia Crime Victims
Assistance Program .....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

8,106,713
6,527,143 297,625 65,250 0 21,715 328,305 608,000 103,695 179,980
50,000 8,181,713 8,106,713

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

306,431,706 43,250,000

Section 44. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and 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 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 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 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

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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 designated 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 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 48. 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 49. 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 50. Provisions Relative to Section 12. Department of Agriculture. It is the intent of this General Assembly that the $3,000,000 appropriated to the Department of Agriculture for the Boll Weevil Eradication Program be utilized solely for the purpose of paying $10 per acre of the $3.5 per acre fee to be paid by Georgia cotton growers participating in the 1990 Cotton Boll Weevil Eradication Program.
Section 51. Provisions Relative to Section 15, Department of Corrections. The Department of Corrections is authorized to utilize available funds to obtain, improve and begin operations of a correctional facility in Clinch County, Georgia.
Section 52. 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 allotments 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.
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,

THURSDAY, JANUARY 25, 1990

351

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 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.
From the appropriations in Section 17, funds in the amount of $100,000 are designated 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 53. 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';o 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 $ 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.

Section 54. Provisions Relative to Section 27, Department of Medical Assistance. Provided that of the State fund appropriation to the Department of Medical Assistance, $2,000,000 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1989.

Section 55. 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'', ).

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Section 56. Provisions Relative to Section 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Area Planning and Development Commissions which employ Preservation Planners as of July, 1989.
Section 57. Provisions Relative to Section 30, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instructors utilizing federal funds.
Section 58. 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 programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 59. Provisions Relative to Section 34, Department of Revenue. From the appropriation in Section 34 (Department of Revenue) relating to motor vehicle tag and decal purchases the department is authorized to use available funds for the purchase of either 1983 or 1990 motor vehicle tags.
Section 60. 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 61. 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 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

THURSDAY, JANUARY 25, 1990

353

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 Ill, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 62. In addition to all other appropriations for the State fiscal year ending June 30, 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 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 64. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 65. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal 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 66. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
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.

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The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 67. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 68. 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 69. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal Funds.
Section 70. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly.
Section 71. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each 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 72. (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

THURSDAY, JANUARY 25, 1990

355

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 73. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 7 4. 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 75. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amount 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

Repairs and renovation for Technical Institutes
County Workcamp construction Replacement of modular units
at Hardwick C.I. Construction of additional
facilities at Ga. Industrial Institute Construction of three correctional facilities Diversion Centers construction Local school construcion Construction crew barracks Construction of facilities at Institutes of Incarceration for the Department of Corrections

$

10,000,000

7,500,000

1,300,000

14,000,000
76,600,000 3,300,000
45,.580,000 720,000

14,000,000

$

2,500,000

1,875,000

325,000

3,.500,000
19,150,000 825,000
11,395,000 180,000

3,500,000

Section 76. 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 77. TOTAL STATE FUND APPROPRIATIONS

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State Fiscal Year 1990 .................................................................................$ 7,643,807,302
Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 79. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1288, 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 1288 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read and lost:

Representatives McKinney of the 35th and Redding of the 50th move to amend the Committee substitute to HB 1288 as follows:
By striking from line 30, page 37, the figure "$7 ,651,249.00" and inserting in lieu thereof "$7,401,249.00", and
by striking the figure "$8,763,322.00" on line 7, page 38, and inserting in lieu thereof "$8,513,322.00", and
by adjusting the figure on line 6, page 38 accordingly.

The Committee substitute was adopted.

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

Y Aaron N Abernathy Y Adams Y Aiken Y Alford
Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beck Y Benefield Y Benn

Y Birdsong
Y Bishop
Y Bostick Y Branch Y Breedlove N Brooks N Brown Y Buck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L

Y Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B N Cummings,M Y Davis,C
Davis,G Davis,M Y Dixon,H Y Dixon,S Y Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W
Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson Y Lee Y Linder Y Long

THURSDAY, JANUARY 25, 1990

357

Y Lord Y Lucas Y Lupton
Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
N McKinney,B N McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie

Y Mueller
Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
Y Poag Y Porter Y Poston Y Powell

N Randall
Y Ransom YRay Y Reaves N 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 N Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M
Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend

Y Twiggs Y Vaughan
Y Waddle N Walker,C Y Walker,L YWall Y Ware
Y Watson Y Watts N White Y Wilder Y Williams,B
E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1288, by substitute, was ordered immediately transmitted to the Senate.

Representative Davis of the 29th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1180.

By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger 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:

N Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen
Athon Y Atkins N Bailey Y Baker N Balkcom
Y Bannister Y Barfoot
Bargeron N Barnett,B Y Barnett,M
Bates Y Beck
N Benefield Y Benn N Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
N Brooks Y Brown Y Buck Y Buford Y Byrd

Y Campbell Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L N Coleman N Colwell N Connell
Couch Y Crawford
Crosby Y Cummings,B
Cummings,M N Davis,C Y Davis,G Y Davis,M
Y Dixon,H
Y Dixon,S Dobbs
Y Dover NDunn Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W N Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham N Griffin
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 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 N Lee Y Linder Y Long N Lord N Lucas Y Lupton
Mangum Y Martin N McCoy
Y McDonald Y McKelvey
McKinney,B N McKinney,C N Meadows YMilam Y Mobley
Moody Y Morton N Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr

N Orrock
Y Padgett Pannell
Y Parham Y Parrish N Patten N Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell N Randall Y Ransom
Ray
Y Reaves Y Redding Y Richardson
Y Ricketson
Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield
Y Smith,L Y Smith,P
Smith,T Y Smith,W Y Smyre Y Snow

:358

.JOURNAL OF THE HOUSE,

Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat

Y Teper Y Thomas,C Y Thomas,M
Y Thompson Y Thurmond N Titus

Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker,C

Y Walker,L YWall
Y Ware
Y Watson Y Watts N White

Y Wilder Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 131, nays 29. The Bill, having received the requisite constitutional majority, was passed.

Representative Abernathy of the 39th stated that he inadvertently voted "aye" on the preceding roll call. He wished to he recorded as voting "nay" thereon.

Representative Mueller of the 126th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 1159.

By Representative Watson of the 114th:
A bill to amend Part 1 of Article 3 of Chapter ;~ of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the definition of a certain term; to define additional terms; to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the Georgia Residential Finance Authority.

The following Committee substitute was read:

A BILL
To amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to exclude persons convicted of certain illegal drug activity from participation in the single-family home purchase program financed by the Georgia Residential Finance Authority; to provide for certain definitions; to provide exceptions; to provide that the authority shall not be required to take certain actions; 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 3 of Chapter ;3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," is amended by adding between Code Sections 8-3-176 and 8-3-177 a new Code Section 8-3-176.1 to read as follows:
"8-:~-176.1. (a) As used in this Code section, the term: (1) 'Controlled substance' means any drug, substance, or immediate precursor
included in the definition of a controlled substance in paragraph (4) of Code Section 16-13-21. Such term shall also include marijuana as it is defined in paragraph (16) of Code Section 16-13-21.
(2) 'Convicted' means a plea of guilty, a finding of guilty by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief.
(3) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (b) No person is eligible to participate in the home loan program financed with the proceeds of qualified mortgage bonds issued by the authority on or after July 1, 1990, if the loan applicant has been convicted, after the effective date of this Code section, under the laws of this state, under the laws of any of the United States, or under the laws of any of the other states or jurisdictions of the United States, of an offense arising

THURSDAY, JANUARY 25, 1990

359

out of the unlawful manufacture, distribution, sale, possession, or use of a controlled substance or other dangerous drug; provided, however, that the provisions of this subsection shall not apply in the case of a conviction in which a person does not lose his civil rights or to a person who has had his civil rights restored prior to the time application is made for a loan.
(c) Notwithstanding the provisions of subsection (b) of this Code section, the authority shall not be required to verify or make any independent investigation as to whether an applicant for a home loan financed with proceeds of qualified mortgage bonds issued by the authority on or after July 1, 1990, has been convicted of one of the proscribed offenses enumerated in subsection (b) of this Code section nor, though it shall not be precluded, shall it be required to foreclose upon such a loan upon later learning that an individual had been convicted of one of the proscribed offenses enumerated in subsection (b) of this Code section prior to application. Any misrepresentation by such an applicant relating to whether the applicant had been convicted of one of the proscribed offenses enumerated in subsection (b) of this Code section shall not affect adversely the interests and rights of the holder or holders of such qualified mortgage bonds."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Bostick of the 1:~8th and Groover of the 99th move to amend the Committee Substitute to HB 1159 as follows:
by striking the comma on line 25 page 1 and inserting in lieu thereof "or" and by striking "The acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction" on lines 27 page 1 through line 2 page 2.

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

Y Aaron Y Abernathy N Adams N Aiken N Alford Y Allen N Athon N Atkins
Bailey Y Baker Y Balkcom
Y Bannister
Y Barfoot
Y Bargeron N Barnett,B N Barnett,M Y Bates N Beck N Benefield
Benn
Y Birdsong Y Bishop Y Bostick
Y Branch
N Breedlove
Y Brooks
Y Brown Y Buck N Buford N Byrd N Campbell N Carrell

N Carter Chambless
Y Chance N Cheeks N Childers Y Clark,B
Clark,H Clark,L Y Coleman Colwell Y Connell Couch Y Crawford Y Crosby Y Cummings,B
Y Curnmings,M N Davis,C Y Davis,G
N Davis,M
Y Dixon,H N Dixon,S N Dobbs
N Dover
N Dunn N Edwards N Ehrhart N Felton N Fennel N Floyd,J.M N Floyd,J.W N Foster N Godbee

Y Goodwin
N Green Y Greene
N Gresham
N Griffin
Y Groover
Y Hamilton
N Hanner
N Harris Y Hasty N Heard Y Herbert N Holcomb Y Holland Y Holmes N Hooks N Howren N Hudson Y Irwin
Y Isakson N Jackson,J N Jackson,W Y Jamieson N Jenkins
Johnson Y Jones N Kilgore N Kingston N Lane,D N Lane,R Y Langford Y Lawrence

N Lawson N Lee Y Linder N Long Y Lord Y Lucas
Lupton N Mangum
Y Martin Y McCoy Y McDonald N McKelvey N McKinney,B N McKinney,C N Meadows
Milam Y Mobley N Moody N Morton
Y Moultrie N Mueller N Oliver,C Y Oliver,M N Orr Y Orrock Y Padgett
Pannell N Parham
N Parrish N Patten N Pettit
Pinkston

N Poag Y Porter Y Poston N Powell Y Randall N Ransom
Ray Y Reaves Y Redding N Richardson N Ricketson
N Robinson Y Royal Y Selman
Simpson Sinkfield N Smith,L N Smith,P N Smith,T Y Smith,W Y Smyre
Y Snow Y Stancil,F N Stancil,S Y Stanley Y Steele Y Stephens
Streat Y Teper N Thomas,C Y Thomas,M N Thompson

360

JOURNAL OF THE HOUSE,

Y Thurmond N Titus Y Tolbert
Townsend

N Twiggs N Vaughan Y Waddle Y Walker,C

Y Walker,L NWall Y Ware Y Watson

N Watts Y White N Wilder NWilliams,B

On the adoption of the amendment, the ayes were 75, nays 86. The amendment was lost.

E Williams,J N Yates N Yeargin
Murphy,Spkr

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

Y Aaron
Y Abernathy Y Adams,M N Aiken Y Alford Y Allen Y Athon N Atkins N Bailey Y Baker Y Balkcom N Bannister Y Barfoot
Y Bargeron N Barnett,B N Barnett,M Y Bates N Beck N Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove Y Brooks
Y Brown Y Buck N Buford Y Byrd
Campbell N Carrell N Carter
Chambless Y Chance N Cheeks

N Childers Y Clark,B
Clark,H Y Clark,L Y Coleman N Colwell Y Connell
Couch Y 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
N Dover
N Dunn N Edwards N Ehrhart N Felton Y Fennel N Floyd,J.M N Floyd,J.W N Foster N Godbee N Goodwin
N Green
Y Greene
N Gresham N Griffin
Y Groover Y Hamilton
N Hanner

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

On the motion, the ayes were 88, nays 70. The motion prevailed.

McKinney,B Y McKinney,C Y Meadows NMilam Y Mobley
Moody N Morton Y Moultrie N Mueller N Oliver,C Y Oliver,M Y Orr Y Orrock
Padgett Pannell Y Parham Y Parrish N Patten N Pettit
Pinkston N Poag Y Porter Y Poston N Powell y Randall
N Ransom Ray
Y Reaves
Y Redding Y Richardson N Ricketson
N Robinson Y Royal Y Selman
Simpson Sinkfield

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

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

Y Aaron Y Abernathy N Adams N Aiken N Alford Y Allen
N Athon N Atkins N Bailey Y Baker Y Balkcom
Y Bannister

Y Barfoot
Y Bargeron N Barnett,B N Barnett,M Y Bates N Beck N Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch

N Breedlove
Y Brooks
YBrown Y Buck N Buford Y Byrd Y Campbell N Carrell N Carter
Chambless Chance N Cheeks

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

N Davis,C Y Davis,G
Davis,M Y Dixon,H
N Dixon,S N Dobbs
N Dover NDunn N Edwards N Ehrhart
Felton N Fennel

THURSDAY, JANUARY 25, 1990

N Floyd,J.M N Floyd,J.W N Foster N Godbee Y Goodwin N Green Y Greene N Gresham N Griffin
Y Groover Y Hamilton N Hanner N Harris Y Hasty N Heard Y Herbert N Holcomb Y Holland Y Holmes N Hooks N Howren N Hudson Y Irwin
Y Isakson

N Jackson,J N Jackson,W
Y Jamieson
N Jenkins Y Johnson Y Jones N Kilgore N Kingston Y Lane,D N Lane,R Y Langford
Y Lawrence N Lawson N Lee Y Linder Y Long
Lord Y Lucas
Lupton Mangum Y Martin Y McCoy Y McDonald N McKelvey

Y McKinney,B Y McKinney,C Y Meadows NMilam N Mobley
Moody N Morton Y Moultrie N Mueller N Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Pannell Y Parham N Parrish N Patten N Pettit
Pinkston N Poag Y Porter Y Poston N Powell

y Randall N Ransom
Ray N Reaves Y Redding
Richardson N Ricketson N Robinson Y Royal Y Selman
Simpson Sinkfield Y Smith,L N Smith,P N Smith,T Y Smith,W Y Smyre Y Snow Y Stancil,F N Stancil,S Y Stanley N Steele Y Stephens Streat

On the readoption of the amendment, the ayes were 81, nays 78. The amendment was adopted.

361
Y Teper N Thomas,C Y Thomas,M N Thompson Y Thurmond Y Titus N Tolbert
Townsend N Twiggs N Vaughan Y Waddle Y Walker,C Y Walker,L NWall Y Ware Y Watson N Watts Y White NWilder NWilliams,B E Williams,J N Yates Y Yeargin
Murphy,Spkr

The following amendment was read and lost:

Representative Cummings of the 134th moves to amend the Committee Substitute to HE 1159 as follows:
Page 2 delete the words "To participate in" and substitute "for a loan".

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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove N Brooks

Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H

Y Dixon,S Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
Lupton Y Mangum

N Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie Mueller
Y Oliver,C Y Oliver,M Y Orr N Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter

362

JOURNAL OF THE HOUSE,

Y Poston Y Powell Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson

Y Royal
Y Selman Simpson Sinkfield
Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre Y Snow

Y Stancil,F Y Stancil,S N Stanley Y Steele Y Stephens Y Streat
Teper Y Thomas,C N Thomas,M Y Thompson

Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall

Y Ware Y Watson Y Watts N White Y Wilder Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative White of the 1il2nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1160.

By Representative Watson of the 114th:
A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the authority.

The following Committee substitute was read:

A BILL
To amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the authority; to provide for definitions; to provide exceptions; to provide that the authority shall not be required to take certain actions; 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 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, is amended by adding at the end of Code Section 50-10-4 a new subsection (c) to read as follows:
"(c) (1) As used in this subsection, the term: (A) 'Controlled substance' means any drug, substance, or immediate precursor
included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. Such term shall also include marijuana as it is defined in paragraph (16) of Code Section 16-13-21.
(B) 'Convicted' means a plea of guilty, a finding of guilty by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief.
(C) 'Dangerous drug' means any drug defined as such in Code Section 16-12-71. (D) 'Person' means a natural person, a corporation which has a convicted person as an officer or member of the board of directors, or a partnership or association which includes a convicted person as a member. (2) (A) The Georgia Development Authority shall not provide, secure, or guarantee a loan to any person who, at the time such loan is provided, secured, or guaranteed, has been convicted, after the effective date of this subsection, under the laws of this state, under the laws of the United States, or under the laws of any of the other states or jurisdictions of the United States, of an offense arising out of the

THURSDAY, JANUARY 25, 1990

363

unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug; provided, however, that the provisions of this paragraph shall not apply in the case of a conviction in which a person does not lose his civil rights or to a person who has had his civil rights restored prior to the time such loan is provided, secured, or guaranteed.
(B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the authority shall not be required to verify or make any independent investigation as to whether an applicant for a loan on or after July 1, 1990, has been convicted of one of the proscribed offenses enumerated in subparagraph (A) of this paragraph nor, though it shall not be precluded, shall it be required to foreclose upon such a loan upon later learning that an individual had been convicted of one of the proscribed offenses enumerated in subparagraph (A) of this paragraph prior to application."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Bostick of the 138th and Groover of the 99th move to amend the Committee Substitute to HB 1160 as follows:
by striking the comma on line 24 page 1 and inserting in lieu thereof "or" and by striking "the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction" on lines 26 page 1 through line 1 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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick
Branch
Y Breedlove
N Brooks
Y Brown

Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Clark,L Y Coleman Y Colwell Y Connell
Couch Y 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 Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee
Linder Y Long Y Lord Y Lucas
Lupton Y Mangum N Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr N Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston Y Poag Y Porter
Y Poston Y Powell Y Randall Y Ransom Y Ray

364

JOURNAL OF THE HOUSE,

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

Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley

Y Steele Y Stephens Y Streat
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 YWall Y Ware

Y Watson Y Watts Y White Y Wilder Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

HB 1459. By Representatives Pettit of the 19th, Mobley of the 64th, Thomas of the 69th, Morton of the 47th, Abernathy of the 39th and others:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to change the provisions relating to the definition of certain terms; to provide for the designation and additional regulation of designated dealers, limited dealers, designated salesmen, and limited salesmen and the sales of certain low priced designated securities; to provide for additional training for certain designated salesmen.

The following Resolutions of the House were read and adopted:

HR 686. By Representative Smith of the 78th: A resolution commending Sue Bankston.

HR 687. By Representatives Buck of the 95th, Smyre of the 92nd, Bishop of the 94th, Robinson of the 96th, Steele of the 97th and Moultrie of the 93rd:
A resolution commending the Regimental Headquarters, the 3rd Battalion, 75th Ranger Regiment, and the 988th Military Police Activity of Fort Benning, Georgia.

HR 688. By Representatives McDonald of the 12th, Coleman of the 118th, Connell of the 87th, Lee of the 72nd, Bailey of the 72nd and others:
A resolution commending the Atlanta Fire Department personnel involved in suppressing the Peachtree 25th Building fire.

HR 689. By Representatives McDonald of the 12th, Coleman of the 118th, Jackson of the 9th, Pinkston of the 100th, Lee of the 72nd and others:
A resolution commending the firefighters of Georgia on the 18th annual Firemen's Recognition Day.

HR 690. By Representatives Smith of the 78th, Yates of the 75th, Herbert of the 76th and Dunn of the 73rd:
A resolution commending the personnel of Post 1 Griffin of the Georgia State Patrol.

THURSDAY, JANUARY 25, 1990

365

HR 691. By Representatives Dixon of the 128th, Floyd of the 154th, Pannell of the 122nd, Mueller of the 126th, Kingston of the 125th and others:
A resolution expressing sympathy regarding the loss of Pfc James William Markwell.

HR 694. By Representative Floyd of the 135th:
A resolution recognizing the Slosheye Trail Big Pig Jig as the state's greatest barbecue cooking contest.

HR 695. By Representatives McKinney of the 40th, Benn of the 38th, McKinney of the 35th, Redding of the 50th, Clark of the 55th, Johnson of the 123rd and others:
A resolution commending Nathaniel H. Bronner.

HR 696. By Representatives Stephens of the 68th, Irwin of the 13th, Thurmond of the 67th and Clark of the 13th:
A resolution expressing appreciation to the W.K. Kellogg Foundation.

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

Mr. Speaker: The Senate has appointed a second Committee of Conference.

HB 628. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education.

The 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.

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.

366

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, January 26, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Dan R. MacMinn, Pastor, Hamilton United Methodist Church, Hamilton, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on .Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1524. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to provide a new charter for the City of Kingston.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1525. By Representatives Wall of the 61st and Goodwin of the 63rd: A bill to amend Code Section 36-5-22 of the Official Code of Georgia Annotated, related to the appointment of a county manager in certain counties, so as to provide that the General Assembly may provide by local law for certain matters related to such office.
Referred to the Committee on State Planning & Community Affairs.

FRIDAY, JANUARY 26, 1990

367

HB 1526. By Representative Brooks of the 34th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.
Referred to the Committee on Industry.

HB 1527. By Representatives Pannell of the 122nd, Allen of the 127th, Porter of the 119th and Simpson of the 70th:
A bill to amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to the renewal of a case after dismissal, so as to apply the privilege of renewal in cases which are originally filed in either a state or federal court which does not have subject matter jurisdiction.
Referred to the Committee on Judiciary.

HB 1528. By Representative Wilder of the 21st:
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 require that structural, electrical, and plumbing plans used in certain new residential construction shall be provided by the seller to the purchaser.
Referred to the Committee on Industry.

HB 1529. By Representatives Jamieson of the 11th and Dover of the 11th:
A bill to amend an Act continuing and re-creating the State Court of Stephens County, so as to change the compensation of the judge and solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1530. By Representatives Dover of the 11th, Twiggs of the 4th, Colwell of the 4th and Jamieson of the 11th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that first responder volunteer firefighters providing emergency medical services may be covered employees.
Referred to the Committee on Industrial Relations.

HB 1531. By Representatives Dover of the 11th, Twiggs of the 4th, Lee of the 72nd and McKelvey of the 15th:
A bill to amend Part 1 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to medical attention and the payment of workers' compensation, so as to provide for the fulfillment of the employer's obligation for the costs of the employee's medical care, artificial members, and other treatment and supplies and for the employee's rehabilitation benefits by means of making payment to the provider of such services.
Referred to the Committee on Industrial Relations.

368

JOURNAL OF THE HOUSE,

HB 1532. By Representatives Milam of the 81st, Alford of the 57th, Dobbs of the 74th, Porter of the 119th and Ware of the 77th:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources as to the control of water pollution and surface-water use, so as to require the division to survey certain waters of this state to determine the current conditions of pollution and to establish a specific lake water quality standard for each such body of water.
Referred to the Committee on Natural Resources & Environment.

HB 1533. By Representatives Milam of the 81st, Alford of the 57th, Dobbs of the 74th, Porter of the 119th and Ware of the 77th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow.
Referred to the Committee on Natural Resources & Environment.

HB 1534. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources as to the control of water pollution and surface-water use, so as to require the division to conduct a study of a certain portion of the Chattahoochee River Basin for certain purposes.
Referred to the Committee on Natural Resources & Environment.

HB 1535. By Representatives Milam of the 81st, Alford of the 57th, Dobbs of the 74th, Porter of the 119th and Ware of the 77th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require every person owning or operating a combined sewer overflow system to obtain a permit for such use from the director of the Environmental Protection Division of the Department of Natural Resources.
Referred to the Committee on Natural Resources & Environment.

HB 1536. By Representative Childers of the 15th:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Barbers, so as to provide for the definition of the term "master barber" and to apply the term throughout the chapter in reference to persons licensed by the State Board of Barbers to practice barbering.
Referred to the Committee on Health & Ecology.

FRIDAY, JANUARY 26, 1990

369

HB 1537. By Representative Alford of the 57th:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions applicable to buildings and housing, so as to provide that in any political subdivision having a full-time fire department, any person seeking a building or construction permit shall first submit the construction plans to the ranking officer of such department.
Referred to the Committee on State Planning & Community Affairs.

HB 1538. By Representatives Robinson of the 96th, Walker of the 115th, Groover of the 99th, Pannell of the 122nd and Buck of the 95th:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for certified personnel of local school systems.
Referred to the Committee on Education.

HB 1541. By Representatives Walker of the 115th, Groover of the 99th, Edwards of the 112th, Lee of the 72nd, Connell of the 87th and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide a definition; to limit the Department of Medical Assistance's ability to obtain interest and its liability for interest.
Referred to the Committee on Rules.

HB 1542. By Representatives Tolbert of the 58th, Linder of the 44th, Williams of the 48th, Lawrence of the 49th, Davis of the 45th and others:
A bill to amend Article 8 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to school taxation, so as to provide limitations and requirements for county boards of education in recommending county school district ad valorem tax millage rates; to provide for definitions; to provide for a limitation on increases in county school district ad valorem tax millage rates.
Referred to the Committee on Ways & Means.

HB 1543. By Representatives Tolbert of the 58th, Linder of the 44th, Williams of the 48th, Lawrence of the 49th, Davis of the 45th and others:
A bill to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to provide limitations and requirements for county governing authorities in setting county ad valorem tax millage rates; to provide for definitions; to provide for a limitation on increases in county ad valorem tax millage rates.
Referred to the Committee on Ways & Means.

HB 1544. By Representatives Redding of the 50th, Lawrence of the 49th, Morton of the 47th, Williams of the 48th, Tolbert of the 58th 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 for an annual salary for the chief executive officer.
Referred to the Committee on State Planning & Community Affairs - Local.

370

JOURNAL OF THE HOUSE,

HB 1545. By Representatives Redding of the 50th, Oliver of the 53rd, Teper of the 46th, Baker of the 51st, Richardson of the 52nd and others:
A bill to provide that each resident of DeKalb County holding real property pursuant to an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation which holds such property either as owner or pursuant to a 99 year lease shall be granted an exemption from county ad valorem taxes as otherwise granted by law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1546. By Representatives Byrd of the 153rd and Simpson of the 70th:
A bill to amend Article .5 of Chapter .'l of Title 44 of the Official Code of Georgia Annotated, relating to time-share projects and programs, so as to change certain definitions; to delete references to certain campsite time-share programs and the requirements and procedures relating thereto; to delete references to instruments, statements, and time-share programs involving campsites.
Referred to the Committee on Industry.

HB 1547. By Representatives Cummings of the 134th, Baker of the 51st, Allen of the 127th, Thomas of the 31st, McKinney of the 40th and others:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, so as to provide that the Department of Corrections shall conduct random periodic unannounced testing for controlled substance, marijuana, and alcohol abuse by any inmate or personnel of a penal institution; to provide that upon evidence of abuse, the Georgia Bureau of Investigation shall investigate such abuse.
Referred to the Committee on Public Safety.

HB 1548. By Representative Hanner of the 131st:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, known as the "Development Authorities Law," so as to provide for the disposition of property of certain development authorities created prior to July 1, 1983, by constitutional amendment and which were dissolved by operation of law pursuant to a certain provision of the Constitution.
Referred to the Committee on .Judiciary.

HB 1549. By Representatives Campbell of the 23rd, Stancil of the 8th, Isakson of the 21st, Tolbert of the 58th, Howren of the 20th and others:
A bill to amend Code Section 17-10-1.1 of the Official Code of Georgia Annotated, relating to victim impact statements, so as to provide that prosecuting attorneys shall provide victim impact statement forms to victims; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to granting of relief by the State Board of Pardons and Paroles, so as to provide that where the board gives notice of consideration of parole to a judge or district attorney, the same notice shall be given to the victim of a crime against the person.
Referred to the Committee on Judiciary.

FRIDAY, ,JANUARY 26, 1990

:371

HB 1550. By Representatives Titus of the 143rd, Adams of the 79th, Clark of the 13th and Long of the 142nd:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to increase the penalties for a violation of the licensing requirements; to provide that legal counsel and services may be provided by an attorney if engaged in adoption proceedings with a properly licensed or commissioned agency, the Department of Human Resources, or any other properly licensed or commissioned child-placing entity.
Referred to the Committee on Judiciary.

HB 1552. By Representatives Smith of the 16th, Childers of the 15th, McKelvey of the 15th, Hudson of the 117th, Watts of the 41st and others:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide for competitive sealed bids and competitive sealed proposals for certain contracts of county boards of health, district health directors, and the Department of Human Resources.
Referred to the Committee on Health & Ecology.

HB 1553. By Representatives Jenkins of the 80th and Birdsong of the 104th:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to provide that under certain conditions covenants restricting lands to certain uses may be extended beyond 20 years in counties which have adopted zoning laws.
Referred to the Committee on Judiciary.

HB 1554. By Representatives Clark of the 20th and Jackson of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941.
Referred to the Committee on Motor Vehicles.

HB 1555. By Representatives Jackson of the 9th, Jackson of the 83rd, Barnett of the lOth and Harris of the 84th:
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 create a new Article 28 to be entitled "Motor Vehicle Warranty Rights Act"; to provide for intent; to provide for definitions; to provide for duties of motor vehicle dealers and manufacturers.
Referred to the Committee on Motor Vehicles.

HR 692. By Representatives Lawson of the 9th, Ware of the 77th, Griffin of the 6th, Ricketson of the 82nd, Brown of the 88th and others:
A resolution creating the Joint Outpatient Drug Treatment Study Committee.
Referred to the Committee on Rules.

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JOURNAL OF THE HOUSE,

HR 693. By Representatives Milam of the Slst and Ware of the 77th: A resolution creating the Joint West Point Lake Study Committee.
Referred to the Committee on Rules.

HR 697. By Representative Poston of the 2nd:
A resolution authorizing the conveyance of certain state owned real property located in Graysville, Catoosa County, Georgia, and authorizing the granting of a nonexclusive easement over a portion of such property conveyed.
Referred to the Committee on State Institutions & Property.

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 1563. By Representatives Connell of the 87th, Richardson of the 52nd, Athon of the 57th, Buck of the 95th and Hooks of the 116th:
A bill to amend Code Section 43-26-34 of the Official Code of Georgia Annotated, relating to licensure for licensed practical nurses by endorsement, so as to change the conditions for the issuance of such licenses.
Referred to the Committee on Rules.

HB 1564. By Representatives Davis of the 29th, Clark of the 55th, Randall of the lOlst, McKinney of the 35th, Thomas of the 31st and others:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, so as to authorize certain housing authorities to employ security personnel, to be known as housing authority police.
Referred to the Committee on Judiciary.

HR 706. By Representatives Royal of the 144th and Smith of the 152nd:
A resolution proposing an amendment to the Constitution so as to provide that standing timber shall be exempt from ad valorem taxation.
Referred to the Committee on Ways & Means.

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

HB 1484 HB 1485 HB 1486 HB 1487 HB 1488 HB 1489 HB 1490 HB 1491 HB 1492 HB 1493 HB 1494 HB 1495

HB 1496 HB 1497 HB 1498 HB 1499
HB 1500 HB 1501
HB 1502 HB 1503 HB 1504 HB 1505 HB 1506 HB 1507

FRIDAY, JANUARY 26, 1990

373

HB 1508 HB 1509 HB 1510 HB 1511 HB 1512 HB 1513 HB 1514 HB 1515 HB 1516 HB 1517
HB 1518
HB 1519
HB 1520
HB 1521

HB 1522 HB 1523 HB 1539 HB 1540 HB 1551 HR 683 HR 684 SB 33 SB 146 SB 411 SB 516 SB 517 SB 518

Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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

HB 452 Do Pass, by Substitute HB 1172 Do Pass

HB 1263 Do Pass, by Substitute HB 1264 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 28th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 200 Do Pass, by Substitute HB 1163 Do Pass, as Amended
Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 291 Do Pass, by Substitute

374

JOURNAL OF THE HOUSE,

Respectfully submitted,
Is/ 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1413 Do Pass HB 1431 Do Pass HB 1461 Do Pass

HB 1464 Do Pass HB 1462 Do Pass

Respectfully submitted, /s/ 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 Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 123.5 Do Pass HR 582 Do Pass HR 592 Do Pass
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1252 Do Pass, by Substitute HB 1335 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman

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

FRIDAY, JANUARY 26, 1990

375

HB 1462.

By Representative Moultrie of the 93rd:
A bill to provide a $4,000.00 homestead exemption from City of Shiloh ad valorem taxes for certain residents of that city.

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

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

Y Childers Y Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell
Couch Y Crawford
Crosby Cummings,B
Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S
Dobbs Y Dover
Y Dunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,.J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene Gresham
Y Griffin Groover
Y Hamilton
Ha,nner

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
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
McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley
Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M YOrr
Orrock Y Padgett Y Pannell
Parham
Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom
Ray
Reaves Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

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

On the passage of the Bill, the ayes were 1:33, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1413.

By Representative Adams of the 79th:
A bill to provide for the merger and consolidation of the existing Upson County School System and the existing City of Thomaston Independent School System into a single county-wide school system; to provide that such unified school system shall be known as the Thomaston-Upson County School System.

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

Y Aaron Abernathy Adams Aiken

Y Alford Allen
Y Athon Atkins

Y Bailey Y Baker
Balkcom Bannister

Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M

Y Bates Y Beck
Benefield
Y Benn

376

JOURNAL OF THE HOUSE,

Y Birdsong
Bishop Bostick Y Branch Y Breedlove Brooks YBrown Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch
Y Crawford Crosby Cummings,B
Y Cummings,M Y Davis,C Y Davis,G
Y Davis,M Dixon,H

Y Dixon,S Dobbs
Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
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 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
McDonald Y McKelvey
McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley
Moody Y Morton Y Moultrie

Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit Y Pinkston
Y Poag Y Porter Y Poston Y Powell y Randall Y Ransom
Ray
Reaves Redding Y Richardson Y Ricketson Y Robinson y Royal
Y Selman
Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Y Smith,T Y Smith,W

Smyre
Y Snow Y Stancil,F Y Stancil,S
Stanley Y Steele
Stephens Y Streat Y Teper
YThomas,C Thomas,M
Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C
Walker,L Y Wall Y Ware Y Watson Y Watts
White Wilder Williams,B E Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1431. By Representative Ricketson of the 82nd: A bill to provide a new charter for the City of Norwood.

The report of the Committee, which was favorable to the passage of 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 Aiken
Y Alford
Allen Y Athon
Atkins Y Bailey Y Baker
Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beck Benefield
Y Benn Y Birdsong
Bishop Bostick Y Branch Y Breedlove Brooks Y Brown

Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell
Couch Y Crawford
Crosby
Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S
Dobbs

Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
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 Lane,R Y Langford
Y Lawrence
Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley
Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell
Parham
Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell y Randall
Y Ransom Ray

FRIDAY, JANUARY 26, 1990

377

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

Y Smith,L Y Smith,P Y Smith,T
Y Smith,W Smyre
Y Snow Y Stancil,F Y Stancil,S
Stanley

Y Steele Stephens
Y Streat
Y Teper Y Thomas,C
Thomas,M Y Thompson
Thurmond Y Titus

Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Walker,L YWall Y Ware

Y Watson Y Watts
White Wilder Williams,B E Williams,J Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1461.

By Representative Long of the 142nd:
A bill to amend an Act providing a new charter for the City of Whigham, so as to change the provisions relating to the election and terms 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 roll call was ordered and the vote was as follows:

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

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford
Crosby Cummings,B
Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S
Dobbs Y Dover
Y Dunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
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 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
McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley
Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell
Parham
Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom
Ray
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson
Y Sinkfield

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

On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1464.

By Representatives Alford of the 57th, Mangum of the 57th, Oliver of the 53rd, Baker of the 51st, Lawrence of the 49th and others:
A bill to abolish the office of elected county surveyor of DeKalb County; to provide for the appointment of said official by the county governing authority.

378

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 Aiken
Y Alford Allen
Y Athon Atkins
Y Bailey Y Baker
Balkcom
Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Benefield Y Benn Y Birdsong
Bishop
Bostick Y Branch Y Breedlove
Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Carter Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford
Crosby Cummings,B Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S
Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
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
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
McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley
Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell
Parham
Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom
Ray Reaves Redding
Y Richardson
Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

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

On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 424. By Senator Peevy of the 48th:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, so as to provide for the definition of a part-time judge and to provide for the compensation and expenses of such judge; to provide for related matters; to provide for an effective date.

SB 462. By Senators Edge of the 28th, Baldwin of the 29th and Peevy of the 48th:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to when the surrender of parental rights is not required in adoption proceedings, so as to change the provisions relating to cases in which the parent has failed to communicate with or provide for the care and support of the child; to provide that such failure must be without justifiable cause; to provide an effective date.

FRIDAY, JANUARY 26, 1990

379

SB 470. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the minimum age requirements relative to the issuance of a driver's license; to provide that persons between 16 and 18 years of age may be issued a driver's license under certain conditions.

SB 507. By Senators Foster of the 50th, Huggins of the 53rd and Baldwin of the 29th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change which persons may not be licensed and provide for additional disqualifications for licensure; to establish certain educational eligility requirements for persons under 18 years of age to receive drivers' licenses or instruction permits.

SB 508. By Senators Turner of the 8th, McKenzie of the 14th and Timmons of the 11th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to expand the purposes and powers of the authority; to change the provisions relating to permitted investments of the authority; to clarify the provisions relating to the state geographic set-asides; to clarify that the authority may issue bonds subject to federal income taxation.

HB 1189.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner.

HB 1286.

By Representative Reaves of the 147th:
A bill to amend an Act providing for the compensation of the coroner of Brooks County, so as to change the compensation of the coroner.

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

SB 424. By Senator Peevy of the 48th:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, so as to provide for the definition of a part-time judge and to provide for the compensation and expenses of such judge; to provide for related matters; to provide for an effective date.
Referred to the Committee on Judiciary.

SB 462. By Senators Edge of the 28th, Baldwin of the 29th and Peevy of the 48th:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to when the surrender of parental rights is not required in adoption proceedings, so as to change the provisions relating to cases in which the parent has failed to communicate with or provide for the care and support of the child; to provide that such failure must be without justifiable cause; to provide an effective date.
Referred to the Committee on Judiciary.

380

JOURNAL OF THE HOUSE,

SB 470. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the minimum age requirements relative to the issuance of a driver's license; to provide that persons between 16 and 18 years of age may be issued a driver's license under certain conditions.
Referred to the Committee on Motor Vehicles.

SB 507. By Senators Foster of the 50th, Huggins of the 53rd and Baldwin of the 29th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change which persons may not be licensed and provide for additional disqualifications for licensure; to establish certain educational eligility requirements for persons under 18 years of age to receive drivers' licenses or instruction permits.
Referred to the Committee on Motor Vehicles.

SB 508. By Senators Turner of the 8th, McKenzie of the 14th and Timmons of the 11th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to expand the purposes and powers of the authority; to change the provisions relating to permitted investments of the authority; to clarify the provisions relating to the state geographic set-asides; to clarify that the authority may issue bonds subject to federal income taxation.
Referred to the Committee on Industry.

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

HR 698. By Representatives Dixon of the 128th, Floyd of the 154th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th and others:
A resolution commending the 1st Ranger Battalion of Hunter Army Airfield, Georgia, and inviting Major General H. G. Taylor to appear before the House of Representatives.

HR 699. By Representatives Lane of the 111th, Godbee of the 110th, Coleman of the 118th, Murphy of the 18th, Fennel of the 155th and others:
A resolution commending Erk Russell and inviting him to appear before the House of Representatives.

HR 700. By Representatives Lane of the lllth, Godbee of the llOth, Coleman of the 118th, Murphy of the 18th, Fennel of the 155th and others:
A resolution commending the Eagles football team of Georgia Southern College and inviting them to appear before the House of Representatives.

HR 701. By Representative Ricketson of the 82nd:
A resolution commending the Lincoln County High School Red Devils football team and inviting the team to appear before the House of Representatives.

FRIDAY, JANUARY 26, 1990

381

HR 702. By Representative Ricketson of the 82nd:
A resolution commending the Briarwood Academy Buccaneers Varsity football team and inviting the team to appear before the House of Representatives.

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

HR 703. By Representatives Parrish of the 109th, Parham of the 105th, McDonald of the 12th, Lee of the 72nd, Murphy of the 18th and others:
A resolution expressing displeasure at consideration by the State Personnel Board of a plan to offer state employees a mail order prescription drug program.

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

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.

The following Committee substitute was read:

A BILL
To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the "Emerging Crops Fund Act"; to provide for a short title; 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; to provide that such fund shall be administered by the Georgia Development Authority; to provide for the powers of the authority in connection therewith; to provide for appropriations and other sources of funds for the emerging crops fund; to designate emerging crops; to provide procedures for paying interest on certain loans made to farmers; to provide for the repayment of loans made to pay interest on loans made to farmers; to provide for other matters relative to the foregoing; to provide that this Act shall become effective on a certain date only upon the ratification of a certain amendment to the Constitution at the 1990 general election; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding immediately following Chapter 8 a new Chapter SA to read as follows:
"CHAPTER SA
2-SA-1. This chapter shall be known and may be cited as the 'Emerging Crops Fund Act.'
2-SA-2. The purpose of this chapter is to encourage the production of plant or animal crops on Georgia farms which have not been produced commercially to their full

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potential and to encourage farmers of this state to shift from enterprises with low-profit margins to those with higher profit margins.
2-8A-3. As used in this chapter, the term: (1) 'Emerging crop' means a plant or animal crop for which consumers have a
growing demand, which has potential for economic development, which has a development time from beginning of production to harvest or initial sale of the product of not less than one year nor more than five years, or which has been designated as an emerging crop by Code Section 2-8A-4.
(2) 'Farmer' means a resident of Georgia who engages in or wishes to engage in the commercial production of an emerging crop on land in Georgia. This term shall include individuals, partnerships, and corporations.
(3) 'Fund' means the Emerging Crops Fund established in Code Section 2-8A-5. (4) 'Georgia Development Authority' or 'authority' means the Georgia Development Authority provided for in Chapter 10 of Title 50. (5) 'Interest loan' means a loan made from the fund to pay the interest on a loan made by a lender to a farmer to finance the nonland capital costs of establishing production of an emerging crop. (6) 'Lender' means a commercial bank, savings bank, savings and loan association, federal land bank, farm credit bank, production credit association, or other farm credit agency which is domiciled or qualified to do business in Georgia or the Farmers Home Administration. 2-8A-4. Emerging crops shall include but not be limited to the following crops: (1) Blueberries; (2) Blackberries; (3) Strawberries; (4) Raspberries; (5) Asparagus; (6) Peaches; (7) Apples; (8) Grapes; (9) Ornamental horticultural plants; (10) Christmas trees; and (11) Fish farming which shall include, but shall not be limited to, crawfish, Saint Peter's (Tilapia) fish, freshwater shrimp, catfish, hybrid bass (a cross between striped bass and white bass), and rainbow trout. 2-8A-5. (a) There is established as a separate fund of the Georgia Development Authority a fund to be known as the 'Emerging Crops Fund,' which shall be used to make interest loans on loans made to farmers for nonland capital costs of establishing production of emerging crops on land in Georgia. The fund shall be administered by the Georgia Development Authority. The Georgia Development Authority shall by rules or regulations develop definitions, guidelines, standards, requirements, and procedures for making interest loans as authorized in this chapter. Funds for the Emerging Crops Fund and for the administration of said fund shall be provided from the following sources:
(1) Appropriations by the General Assembly, and funds appropriated to the Emerging Crops Fund shall be presumptively concluded to have been committed to the purpose for which appropriated and shall not lapse;
(2) The repayment of interest loans made from the fund; and
(3) Any interest or earnings made from the investment of funds of the Emerging Crops Fund. (b) The Georgia Development Authority shall maintain the Emerging Crops Fund entirely separate from any other funds of the authority, and no funds available to the authority to carry out its purposes under Chapter 10 of Title 50 shall be used for the purposes of the Emerging Crops Fund. The source of funds provided for in subsection (a) of this Code section shall be the only source of funds for the Emerging Crops Fund. (c) Except as limited by subsection (b) of this Code section, the Georgia Development Authority may exercise any power possessed by the authority under Chapter 10 of Title 50 to carry out the provisions of this chapter.

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383

2-8A-6. Any lender which has made or makes a loan to a farmer to finance the nonland capital costs of establishing production of an emerging crop on land in Georgia may make application to the Georgia Development Authority for an interest loan to pay interest on the loan during the period from the beginning of production to harvest or initial sale of the product, which payment shall be made from the fund. The maximum amount of interest loans from the fund for the benefit of any one farmer shall be $50,000.00; provided, however, the Georgia Development Authority in administering the fund shall give priority to smaller interest loans. During the period that the Georgia Development Authority pays the interest on a loan from the fund, the maximum rate of interest which may be charged on the loan by the lender shall be 2 1/2 percent per annum above the prime rate charged by banks on short-term business loans as published daily in the Wall Street Journal. By payment of the interest on a loan, neither the Georgia Development Authority nor the State of Georgia shall be a guarantor of the loan. The Georgia Development Authority shall, by rule or regulation, require such security or lien as may be necessary to provide adequate security for the authority as condition for making an interest loan as authorized by this chapter.
2-8A-7. Repayment of an interest loan made from the fund shall be deferred for a period of time not more than five years or the time when the emerging crop should reach maturity. The schedule for repayment of the interest loan shall be a period of time equal to two times the period that interest is paid on the loan from the fund for that emerging crop. No interest shall be charged on interest loans from the fund, and only the amount actually loaned from the fund shall be required to be repaid. Repayment of interest loans from the fund shall be made to the lender, which shall remit the amounts collected to the Georgia Development Authority for deposit into the fund."
Section 2. Section 1 of this Act shall become effective on January 1, 1991, only if an amendment to the Constitution authorizing the General Assembly to provide by general law for an emerging crops fund to pay interest on certain loans made to farmers and authorizing the appropriation of funds for the purposes of such fund is ratified at the 1990 general election. If such an amendment to the Constitution is not ratified at the 1990 general election, Section 1 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Smith of the 152nd moves to amend the Committee substitute to HB 1105 by striking from line 5 on page 2 the following:
"encourage", and inserting in lieu thereof the following:
"promote economic development by encouraging". By striking from lines 5 and 6 on page 2 the following: "on Georgia farms",
and inserting in lieu thereof the following: "in Georgia". By adding on line 15 of page 2 between the words "to" and "harvest" the word "com-
mercial". By striking from lines 16, 17, and 18 on page 2 the following:
"one year nor more than five years, or which has been designated as an emerging crop by Code Section 2-8A-4.",

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and inserting in lieu thereof the following:
"18 months nor more than five years, and which has been designated an emerging crop by the Georgia Development Authority or by Code Section 2-SA-4."

Representative Orr of the 9th moves to amend the Committee substitute to HB 1105 by striking on lines 22 and 23 of page 2 the following:
"partnerships, and corporations"
and inserting in place thereof:
"family-farm corporations meeting the requirements of paragraph (2) of subsection (b) of Code Section 48-5-7.1, and partnerships in which all of the partners are either individuals or family-farm corporations meeting such requirements."

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

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 Judiciary:

HB 1418.

By Representative Edwards of the 112th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the term of court for the Superior Court of Taylor County.

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

HR 705. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A resolution commending the Jones County High School Greyhounds baseball team and inviting the team to appear before the House of Representatives.

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

HB 1374. By Representatives Walker of the 115th, Reaves of the 147th, Godbee of the llOth, Mangum of the 57th, Thomas of the 69th and others:
A bill to amend Code Section 12-3-472 of the Official Code of Georgia Annotated, relating to creation of the Georgia Agricultural Exposition Authority, so as to change provisions relating to compensation of members of the authority; to make a corresponding amendment to Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions.

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385

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 90, nays 4. The Chair voted "aye". On the passage of the Bill, the ayes were 91, nays 4. The Bill, having received the requisite constitutional majority, was passed.

HB 1243.

By Representatives Thomas of the 69th, Simpson of the 70th and Lee of the 72nd:
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 definition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have committed a designated felony act which would have constituted the crime of trafficking cocaine, illegal drugs, or marijuana if done by an adult.

The following Committee substitute was read:

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 definition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have committed a designated felony act which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult or sale of or possession with intent to distribute marijuana or any controlled substance in Schedule I or Schedule II; to provide for discretion of the judge relative to confinement of certain juveniles; to provide for time periods; to provide for secure detention; to provide that the alleged commission of a designated felony act which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult in cases where the child has been found at separate court appearances to have committed acts which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult on three or more previous occasions shall give rise to specified proceedings which may result in the case being transferred to superior court for criminal prosecution; to provide procedures; to provide for the retransfer of such cases to juvenile court 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(A) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age;
(B) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, aggravated battery, robbery, or armed robbery, if done by a juvenile 13 or more years of age;
(C) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age;
(D) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent at separate court appearances for an act which, if done by an adult, would have been the crime of burglary; 61'

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(E) Trafficking @ cocaine, illegal drugs, Q!: marijuana @ violation 2f Code Section

16-13-31;

~-

(F) Sale 2f Q!: possession with intent !Q distribute marijuana Q!: 1II1Y controlled substance !!! Schedule ! Q!: Schedule !! Qy 11 juvenile 13 Q!: more years 2f ~ Q!:

fEt (G) Any other act which, if done by an adult, would be a felony, if the juve-

nile committing the act has three times previously been adjudicated delinquent for

acts which, if done by an adult, would have been felonies."

Section 2. Said article is further amended by striking in its entirety subsection (d) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Notwithstanding subsection (c) of this Code section, the court shall order restrictive custody in any case where the juvenile is found to have committed a designated felony act in which: (1) the juvenile inflicted serious physical injury upon another person who is 62 years of age or more; or (2) the juvenile is found to have committed a designated felony act which would have constituted the crime of burglary if done by an adult and has two or more times previously been found to be delinquent because of commission of an act which would have constituted the crime of burglary if done by an adult; Q!: (3) the juvenile ! found !Q have committed 11 designated felony act which
would have constituted the crime 2f trafficking !!1_ cocaine, illegal drugs, Q!: marijuana if done Qy an adult and has previously been found !Q be delinquent because 2f commission 2f an act which would have constituted the crime 2f trafficking @ cocaine, illegal drugs, Q!: marijuana if done Qy an adult."

Section 3. Said article is further amended by striking subparagraph (e)(1)(B) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new subparagraph (e)(1)(B) to read as follows:
"(B) The juvenile shall initially be confined in a youth development center for a
period set by the order, to be not less than 12 nor more than 18 months; provided, however, that time spent in secure detention subsequent to the date of the order and prior
to placement in a youth development center shall be counted toward the period set by the order; and, provided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the juvenile shall initially be confined in
a youth development center for 18 months; and provided, further, that if 11 juvenile _t!as been found !Q have committed the designated felony act 2f sale 2f 2.1: possession with intent !Q distribute marijuana 2.1: 1IJ1Y controlled substance @ Schedule ! 2.1: Schedule II, the judge shall have the discretion either !Q order the juvenile 12 be confined !!111 youth development center Q!: !!111 state operated drug treatment program which g, certified 11_
secure for 11 period set Qy the order but not less than 12 months nor more than 18 months; but upon petition !Q the committing juvenile court Qy the drug treatment ~
gram, the judge IIlllY consider reduction 2f the lengt4_ 2f secure detention previously
ordered Qy the court;".

Section 4. Said article is further amended by striking in its entirety subsection (a) of Code Section 15-11-39.1, relating to the commission of a designated felony act by a child 15 years of age or older, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) After a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the
crime of burglary if done by an adult on three or more previous occasions Q!: if the designated felony act alleged !2 have been committed would have constituted the crime 2f trafficking @ cocaine, dangerous drugs, 2.1: marijuana if done Qy an adult and the child has been found !!! separate court appearances 12 have committed acts which would have constituted the crime ()f' trafficking @ cocaine, dangerous drugs, Q!: marijuana if done Qy
an adult on three Q!: more previous occasions."

FRIDAY, JANUARY 26, 1990

387

Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and lost:

Representatives Walker of the 85th and Redding of the 50th move to amend the House Judiciary Committee substitute to HB 1243 by striking the words "judge relative to confinement" on line 11 of page 1 and inserting in lieu thereof the words "Youth Services Division relative to placement".
By striking the word "judge" on line 12 of page 4 and inserting in lieu thereof the words "Youth Services Division".
--------
By striking the words "order the juvenile to be confined" on lines 13 and 14 of page 4 and inserting in lieu thereof the words "placethe juvenile".

Representatives Redding of the 50th, McKinney of the 40th and McKinney of the 35th move to amend the Committee substitute to HB 1243 by inserting immediately following the word and symbol "circumstances;" on line 25 of page 1 the following:
"to provide for a conditional effective date;"
By inserting immediately following line 11 of page 5 the following:
"Section 5. This Act shall become effective only upon the availability of funds sufficient to carry out the purposes of this Act."
By striking the number "5" on line 12 of page 5 and inserting in lieu thereof the number "6".

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 117, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1243, by substitute, was ordered immediately transmitted to the Senate.

HB 458. By Representative Adams of the 79th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that certain persons who are allowed to continue as members of the retirement system may obtain certain creditable service; to provide requirements and for other matters relative thereto.

The report 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 8.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 1232. By Representatives Cheeks of the 89th, Parham of the 105th, Brown of the 88th, Ransom of the 90th, Williams of the 48th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who has been awarded the Purple Heart citation.

The following amendment was read and adopted:

The House Motor Vehicles Committee moves to amend HB 1232 by striking from line 21 of page 2 the following:
"January 1, 1991",
and inserting in lieu thereof the following:
"July 31 of the year preceding the year of issuance of such plates".
By striking from lines 4 through 8 of page 3 the following:
"plates shall be of the same size as regular motor vehicle license plates and shall be colored red and white, except that the distinctive Purple Heart insignia shall be the color blue and shall be imprinted on the left side of the plate.",
and inserting in lieu thereof the following:
"plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a Purple Heart recipient."
By striking from lines 20 through 23 of page 3 the following:
"It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section."

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

On the passage of the Bill, as amended, the ayes were 106, nays 0.

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

amended.



HB 1181.

By Representatives Walker of the 115th, Groover of the 99th and Watson of the 114th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to prohibit the telephonic transmission of certain unsolicited commercial facsimile messages.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, JANUARY 26, 1990

389

The following Resolution of the House was read and adopted:

HR 707. By Representatives McDonald of the 12th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Jackson of the 9th and others:
A resolution urging the National Football League owners to select Georgia and the Georgia Dome as the site for the 1994 Super Bowl.

Representative Groover of the 99th moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, Monday morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, January 29, 1990

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. Walter A. Langdon, Pastor, Marietta Church of God, Marietta, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:
HB 1556. By Representative Byrd of the 153rd: A bill to amend Code Section 43-14-6 of the Official Code of Georgia Annotated, relating to the powers of the various divisions under the State Construction Industry Licensing Board, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Divisions of Conditioned Air Contractors may require applicants for renewal of licenses to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education.
Referred to the Committee on Industry.
HB 1557. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th: A bill to amend Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change the provisions relating to the membership of the Georgia Aviation Hall of Fame.
Referred to the Committee on Industry.

MONDAY, JANUARY 29, 1990

391

HB 1558. By Representatives Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and Thompson of the 20th:
A bill to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to administration of mental health, mental retardation, substance abuse, and other disability services, so as to create the Self-sufficiency Trust Fund for Mentally Disabled Persons and provide for the administration of and payments to and from the fund.
Referred to the Committee on Health & Ecology.

HB 1559. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the deannexation of certain property from the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1560. By Representatives Cummings of the 17th, Floyd of the 135th and Parrish of the 109th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the title of the executive officer of the retirement system; to delete a provision relating to the treatment for tax purposes of employee contributions made by employers; to delete a provision relative to the age for mandatory retirement.
Referred to the Committee on Retirement.

HB 1561. By Representatives Vaughan of the 20th, Howren of the 20th, Ehrhart of the 20th, Aiken of the 21st, Atkins of the 21st and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to domestic relations in general, so as to provide that the parties in certain domestic relations actions shall be required to complete a seminar for parents where the interests of children under 18 years of age are involved.
Referred to the Committee on Special Judiciary.

HB 1562. By Representative Heard of the 43rd:
A bill to amend Code Section 40-6-331 of the Official Code of Georgia Annotated, relating to the authority of local governments to regulate the operation of motorized carts, so as to authorize local registration and licensing of such carts.
Referred to the Committee on Motor Vehicles.

HB 1565. By Representative Porter of the 119th:
A bill to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates of the magistrate courts, so as to provide for Supreme Court of Georgia approval of the disciplining of magistrates.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 1566. By Representative Poston of the 2nd:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for a director of the division who shall be both appointed and removed by the commissioner of natural resources subject to approval by the Governor; to provide for the qualifications of the director; to delete provisions relating to an assistant director.
Referred to the Committee on Natural Resources & Environment.

HB 1567. By Representatives Baker of the 51st, Oliver of the 53rd, Teper of the 46th and Alford of the 57th:
A bill to amend Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for governing and policing of the unincorporated areas of a county, so as to increase the fines for certain ordinance violations.
Referred to the Committee on Judiciary.

HB 1568. By Representatives Barnett of the 59th, Barnett of the lOth, Harris of the 84th, Holcomb of the 72nd, Parrish of the 109th and others:
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.
Referred to the Committee on Motor Vehicles.

HB 1569. By Representative Breedlove of the 60th:
A bill to create a new charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Norcross to be exercised by the governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1570. By Representative Redding of the 50th:
A bill to amend Code Section 41-2-9 of the Official Code of Georgia Annotated, relating to county or municipal ordinances relating to unfit buildings or structures, so as to provide that a hearing relating to a dwelling, building, or structure alleged to be unfit for habitation shall be held in the municipality when the property in question is located within a municipality.
Referred to the Committee on Governmental Affairs.

HB 1571. By Representatives Barfoot of the 120th, Lane of the 111th, Reaves of the 147th, Oliver of the 121st, Moody of the 153rd and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Vidalia Sweet Onion as the official vegetable of this state.
Referred to the Committee on Agriculture & Consumer Affairs.

MONDAY, JANUARY 29, 1990

393

HB 1572. By Representatives Tolbert of the 58th and Wall of the 61st:
A bill to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to provide for a felony offense of cockfighting; to provide for a definition; to provide for penalties.
Referred to the Committee on Special Judiciary.

HB 1573. By Representatives Bostick of the 138th and Lane of the 27th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence, so as to provide that driving under the influence with a child under the age of 14 in such vehicle is a misdemeanor of a high and aggravated nature.
Referred to the Committee on Special Judiciary.

HR 704. By Representative Crosby of the 150th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for alternative methods of taxation of standing timber; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.

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

HB 1574. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th, Ransom of the 90th and Walker of the 85th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to six the number of judges for the Augusta Judicial Circuit.
Referred to the Committee on Judiciary.

HB 1595. By Representatives Jackson of the 9th, Barnett of the lOth and Kilgore of the 42nd:
A bill to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses for public officials and employees, so as to allow state departments to reimburse employees for the payment of application fees for commercial drivers' licenses.
Referred to the Committee on Motor Vehicles.

HB 1596. By Representatives Orrock of the 30th, Holmes of the 28th, Smyre of the 92nd, Poston of the 2nd, Townsend of the 24th and others:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain conduct based on the status of a person; to provide for definitions; to provide that certain conduct shall be a felony.
Referred to the Committee on Special Judiciary.

394

JOURNAL OF THE HOUSE,

HB 1597. By Representatives Thomas of the 69th, Pettit of the 19th, Baker of the 51st and Lawrence of the 49th:
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 for the funding of loan proceeds and the disbursement of funds held in escrow accounts in connection with loans secured by real property.
Referred to the Committee on Judiciary.

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

HB 1524 HB 1525 HB 1526 HB 1527 HB 1528 HB 1529 HB 1530 HB 1531 HB 1532 HB 1533 HB 1534 HB 1535 HB 1536 HB 1537 HB 1538 HB 1541 HB 1542 HB 1543 HB 1544 HB 1545

HB 1546 HB 1547 HB 1548 HB 1549 HB 1550 HB 1552 HB 1553 HB 1554 HB 1555 HB 1563 HB 1564 HR 692 HR 693 HR 697 HR 706 SB 424 SB 462 SB 470 SB 507 SB 508

Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:

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

HB 923 Do Pass, by Substitute SB 516 Do Pass

SB 517 Do Pass, by Substitute SB 518 Do Pass

Respectfully submitted, /s/ Reaves of the 147th
Chairman

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

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

MONDAY, JANUARY 29, 1990

395

HB 1349 Do Pass, as Amended HB 1440 Do Pass HB 1445 Do Pass

HB 1446 Do Pass HB 1522 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

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

Mr. Speaker:

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

HR 702 Do Pass HR 629 Do Pass, by Substitute HR 698 Do Pass HR 699 Do Pass

HR 700 Do Pass HR 701 Do Pass HR 705 Do Pass

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

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1485 Do Pass HB 1489 Do Pass HB 1491 Do Pass

HB 1494 Do Pass HB 1506 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 has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1470 Do Pass HB 1502 Do Pass HR 88 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman

396

JOURNAL OF THE HOUSE,

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

HB 1485. By Representative Greene of the 130th:
A bill to provide that the governing authority of Stewart County shall continue to be the commissioner of Stewart County; to provide for elections and terms of that 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 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1489. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Howren of the 20th, Aiken of the 21st, Clark of the 20th and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to authorize the appointment of a second 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 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1491. By Representatives Buck of the 95th, Robinson of the 96th, Bishop of the 94th, Moultrie of the 93rd, Steele of the 97th and others:
A bill to amend an Act establishing the Municipal Court of Columbus, Georgia, so as to change the compensation of the judge, the clerk, and the marshal of the municipal court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1494. By Representative Greene of the 130th:
A bill to create a board of elections and registration for Stewart County and provide for the composition of the board and the appointment, qualification, and term of its members.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

MONDAY, JANUARY 29, 1990

397

HB 1506.

By Representatives Wilder of the 21st, Clark of the 20th, Aiken of the 21st, Isakson of the 21st, Ehrhart of the 20th and others:
A bill to create the Cobb County Private Sector Survey Committee on Cost Control in County Government.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 454. By Senator Starr of the 44th:
A bill to amend Code Section 17-10-8 of the Official Code of Georgia Annotated, relating to the requirement of payment of a fine as a condition precedent to probation, so as to increase the maximum amount of the fine that may be imposed.

SB 469. 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 merit system generally, so as to provide that full-time employees in the classified or unclassified service who are assigned office space on state property or property leased by the state shall be required to remain at their offices three days of each week; to provide exceptions.

SB 486. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, the "Recall Act of 1989," so as to define "legal sufficiency"; to provide for written notice to the public officer named for recall of the official issuance of an application for recall petition for circulation and of the filing of such completed application for verification; to provide for filing applications for recall exceeding one page in length.

SB 488. By Senator Foster of the 50th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide for the observance of "Children's Day" in Georgia; to provide an effective date.

SB 530. By Senator Kennedy of the 4th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to revise Chapter 8 of said title, known as "The Economic Rehabilitation Act of 1975"; to change the provisions relating to the purpose of the chapter; to change certain definitions and delete other definitions; to change the provisions relating to administration of such chapter.

398

JOURNAL OF THE HOUSE,

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

SR 280. By Senator Fincher of the 54th: A resolution designating the Jennie Weyman Memorial Bridge.

SR 298. By Senator Tysinger of the 41st:
A resolution proposing an amendment to the Constitution so as to authorize the Attorney General, acting in his or her sole discretion, to file any civil action on behalf of or against any department, agency, board, or commission of the executive department of the state which the Attorney General deems necessary for enforcement of the Constitution and laws of this state and protection of public rights and interests; to provide for the submission of this amendment for ratification or rejection.

SR 306. By Senator Fincher of the 54th: A resolution designating the Warren D. Earnest, Sr. Bridge.

SR 307. By Senator Fincher of the 54th: A resolution designating the William Deverell, Sr. Bridge.

SR 315. By Senator Dawkins of the 45th:
A resolution urging the United States Congress and the United States Department of Labor to explore legislative and regulatory alternatives which will provide adequate administrative funds for employment and unemployment programs in Georgia.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 663. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence.

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

SB 454. By Senator Starr of the 44th:
A bill to amend Code Section 17-10-8 of the Official Code of Georgia Annotated, relating to the requirement of payment of a fine as a condition precedent to probation, so as to increase the maximum amount of the fine that may be imposed.
Referred to the Committee on Judiciary.

MONDAY, JANUARY 29, 1990

399

SB 469. 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 merit system generally, so as to provide that full-time employees in the classified or unclassified service who are assigned office space on state property or property leased by the state shall be required to remain at their offices three days of each week; to provide exceptions.
Referred to the Committee on Governmental Affairs.

SB 486. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, the "Recall Act of 1989," so as to define "legal sufficiency"; to provide for written notice to the public officer named for recall of the official issuance of an application for recall petition for circulation and of the filing of such completed application for verification; to provide for filing applications for recall exceeding one page in length.
Referred to the Committee on Rules.

SB 488. By Senator Foster of the 50th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide for the observance of "Children's Day" in Georgia; to provide an effective date.
Referred to the Committee on Rules.

SB 530. By Senator Kennedy of the 4th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to revise Chapter 8 of said title, known as "The Economic Rehabilitation Act of 1975"; to change the provisions relating to the purpose of the chapter; to change certain definitions and delete other definitions; to change the provisions relating to administration of such chapter.
Referred to the Committee on Industry.

SR 280. By Senator Fincher of the 54th: A resolution designating the Jennie Weyman Memorial Bridge.
Referred to the Committee on Transportation.

SR 298. By Senator Tysinger of the 41st:
A resolution proposing an amendment to the Constitution so as to authorize the Attorney General, acting in his or her sole discretion, to file any civil action on behalf of or against any department, agency, board, or commission of the executive department of the state which the Attorney General deems necessary for enforcement of the Constitution and laws of this state and protection of public rights and interests; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Judiciary.

400

JOURNAL OF THE HOUSE,

SR 306. By Senator Fincher of the 54th: A resolution designating the Warren D. Earnest, Sr. Bridge.
Referred to the Committee on Transportation.

SR 307. By Senator Fincher of the 54th: A resolution designating the William Deverell, Sr. Bridge.
Referred to the Committee on Transportation.

SR 315. By Senator Dawkins of the 45th:
A resolution urging the United States Congress and the United States Department of Labor to explore legislative and regulatory alternatives which will provide adequate administrative funds for employment and unemployment programs in Georgia.
Referred to the Committee on Industrial Relations.

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

HR 702. By Representative Ricketson of the 82nd:
A resolution commending the Briarwood Academy Buccaneers Varsity football team and inviting the team to appear before the House of Representatives.

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

HB 1228.

By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd:
A bill to amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof.

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

Y Barnett,B
Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Coleman Colwell

Y Connell Y Couch 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
Dunn

Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E Green
Y Greene Gresham
Y Griffin Y Groover

MONDAY, JANUARY 29, 1990

401

Y Hamilton
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 Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore E 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
McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody

Y Morton Y Moultrie
Mueller Oliver,C Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Parham Y Parrish
Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom YRay Y Reaves

Y Redding Y Richardson Y Ricketson Y Robinson y Royal
Selman
Simpson Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W Smyre Y Snow Y Stancil,F Y Stancil,S Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C

Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Walker,L YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B E Williams,J
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.

HB 1375.

By Representatives Poston of the 2nd, Thomas of the 69th, Chambless of the 133rd and Holland of the 136th:
A bill to amend Code Section 40-6-392 of the Official Code of Georgia Annotated, relating to chemical tests for alcohol or drugs, so as to provide for the introduction into evidence of findings of certain hearings.

The report of the Committee, which was favorable to the passage of 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
Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates 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 Campbell Y Carrell Y Carter

Y Chambless Chance
Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Coleman Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Cummings,M
Y Davis,C
Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S N Dobbs Y Dover
Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E 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 N Hudson Y Irwin Y Isakson Y Jackson,J N Jackson,W Y Jamieson Y Jenkins
Johnson N Jones Y Kilgore E Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder

Y Long Lord Lucas
N Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie
Mueller
Oliver,C Oliver,M Y Orr Y Orrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten
Y Pettit Pinkston
Y Poag Y Porter
Y Poston Y Powell

y Randall
Y Ransom y Ray
Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson y Royal Y Selman
Simpson Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W Smyre Y Snow Y Stancil,F Y Stancil,S Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs

402

JOURNAL OF THE HOUSE,

Y Vaughan Y Waddle
Walker,C

Walker,L YWall
Ware

Y Watson Y Watts
White

Wilder Y Williams,B
E Williams,J

Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 139, nays 5. The Bill, having received the requisite constitutional majority, was passed.

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; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article Ill, Section IX, Paragraph VI of the Constitution is amended by redesignating the last two subparagraphs designated as subparagraph (g) as subparagraphs (h) and (i), respectively, and by adding at the end thereof a new subparagraph (j) to read as follows:
"(j) The General Assembly is authorized to provide by general law for the creation of an emerging crops fund from which to pay interest on loans made to farmers to enable such farmers to produce certain crops on Georgia farms. The General Assembly is authorized to appropriate moneys to such fund and moneys so appropriated shall not be subject to the provisions of Article Ill, Section IX, Paragraph IV(c), relative to the lapsing of appropriated funds. Interest on loans made to farmers shall be paid from such fund pursuant to such terms, conditions, and requirements as the General Assembly shall provide by general law. The General Assembly may provide by general law for the administration of such fund by such state agency or public authority as the General Assembly shall determine."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( YES Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the
NO purpose of making loans to pay interest on certain loans made to farmers and to authorize the appropriation of funds for such purpose?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of making loans

MONDAY, JANUARY 29, 1990

403

to pay interest on loans to farmers for economic development purposes and to authorize the appropriation of funds for the purposes of such emerging crops fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by redesignating the last two subparagraphs designated as subparagraph (g) as subparagraphs (h) and (i), respectively, and by adding at the end thereof a new subparagraph U) to read as follows:
"(j) The General Assembly is authorized to provide by general law for the creation of an emerging crops fund from which to pay interest on loans made to farmers to enable such farmers to produce certain crops on Georgia farms and thereby promote economic development. The General Assembly is authorized to appropriate moneys to such fund and moneys so appropriated shall not be subject to the provisions of Article Ill, Section IX, Paragraph IV(c), relative to the lapsing of appropriated funds. Interest on loans made to farmers shall be paid from such fund pursuant to such terms, conditions, and requirements as the General Assembly shall provide by general law. The General Assembly may provide by general law for the administration of such fund by such state agency or public authority as the General Assembly shall determine."

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

"( ) YES ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of making loans to pay interest on loans to farmers to encourage economic development?"

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

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

Y Aaron Abernathy
Y Adams Aiken
Y Alford Allen
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Barnett,B
Y Barnett,M Y Bates Y Beck Y Benefield Y Benn

Y Birdsong Y Bishop
Bostick Y Branch
Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L

Coleman
Y Colwell Y Connell
Couch 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
Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
E 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 E Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence
Y Lawson Y Lee Y Linder Y Long

404

JOURNAL OF THE HOUSE,

Y Lord
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 Morton Y Moultrie

Y Mueller Oliver,C Oliver,M
Y Orr Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell

Y Randall
Y Ransom YRay
Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson Sinkfield Y Smith,L Y Smith,P Y Smith,T Smith,W

Smyre
Y Snow Y Stancil,F Y Stancil,S
Stanley Y Steele
Y Stephens Y Streat Y Teper YThomas,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 YWall
Ware Y Watson Y Watts
White Wilder YWilliams,B
E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 147, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

Under the general order of business, the following Bill of the Senate was again taken up for consideration:

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.

The following amendment was read and adopted:

Representative Redding of the 50th moves to amend SB 363 as follows:
On page 2, line 18 after the word "to" change the number 10 to 1. On line 21 change the number 10 to 1.
On page 3 after the first comma on line 19 strike the words operating and staffing so as to read constructing city jails, city correctional institutions etc,.

Representative Redding of the 50th moved that the House reconsider its action in adopting the Redding amendment.
The motion prevailed.
By unanimous consent, the Redding amendment was withdrawn.

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

Y Aaron Abernathy
Y Adams
Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck

Y Benefield Y Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown

Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell Y Couch Y Crawford

MONDAY, JANUARY 29, 1990

405

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,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin E 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 E Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee Y Linder

Y Long Y Lord Y Lucas Y Lupton
Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten

Y Pettit Y Pinkston
Y Poag Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Simpson
Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley

Y Steele Y Stephens Y Streat 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 YWall Y Ware Y Watson Y Watts Y White
Wilder Y Williarns,B E 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.

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

HB 1282. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to clarify and make explicit that electric membership corporations may validly encumber after-acquired property by means of deeds to secure debt pursuant to said article.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to clarify and make explicit that electric membership corporations may validly encumber after-acquired property by means of deeds to secure debt pursuant to said article; to provide for the effect of certain recorded instruments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, is amended by striking in its entirety Code Section 44-14-35.1, relating to property covered by mortgage or bill of sale to secure debt generally, and inserting in lieu thereof a new Code Section 44-14-35.1 to read as follows:
"44-14-35.1. A mortgage or bill of sale to secure debt may embrace all property in possession, or to which the mortgagor or grantor has the right of possession at the time. A mortgage or bill of sale to secure debt given by a person or a corporation to a trustee or trustees, to secure an issue of bonds, shall when it is expressly so stipulated therein, embrace, cover, and convey title to after-acquired property of such person or corporation. Provided, however, any public utility company, whether or not incorporated,

406

,JOURNAL OF THE HOUSE,

including, without limitation, 1lill' corporation organized under()! governed _!Jy the provi-
sions <>f Article 1 <>f Chapter Q<>f Title '!, may by mortgage, bill of sale to secure debt, deed 12 secure debt, or deed of trust, embrace, cover, convey, pledge, and encumber
after-acquired property of such company, wherever located, when the instrument expressly so stipulates therein; and lll!Y such instrument when recorded 1!l3 provided _!Jy
law shall constitute notice from the time i! ! filed for record and shall have priority (subject 12 purchase money incumbrances) 1!l3 against the interests <>f third Q!!!'ties with respect 12 after-acquired property from the time such property ! acquired."
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
Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Brown Y Buck Y Buford Y Byrd Y Campbell Carrell Y Carter Y Chambless Y Chance
Y Cheeks

Y Childers Clark,B
Y Clark,H Clark,L
Y Coleman Colwell
Y Connell Y Couch 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,J.M Y Floyd,J.W
Foster Y Godbee Y Goodwin
E 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 Y Jackson,W Y Jamieson
Y Jenkins
Y Johnson Y Jones Y Kilgore E Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Oliver,C Y Oliver,M Y Orr Orrock Y Padgett Pannell Y Parham Y Parrish Y Patten Y Pettit Pinkston Y Poag Porter Y Poston Y Powell Y Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Simpson Y Sinkfield

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

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

HR 586. By Representative Royal of the 144th:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia.

MONDAY, JANUARY 29, 1990

407

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
Allen Y Athon
Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Clark,L
Y Coleman Y Colwell Y Connell Y Couch 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
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
E 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
E 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
McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller
Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat 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 N Walker,L YWall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, the ayes were 159, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HR 587. By Representative Royal of the 144th:
A resolution authorizing the conveyance of certain state owned real property located in Mitchell County, Georgia.

The following amendment was read and adopted:

The Committee on State Institutions and Property moves to amend HR 587 by deleting from lines 17 and 18 on page 1 the following:
"a sewage treatment facility which would serve".

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

Y Aaron Y Abernathy Y Adams

Y Aiken Y Alford
Allen

Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

408

JOURNAL OF THE HOUSE,

Y Barnett,M
Y Bates Y Beck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Y Couch Y Crawford
Y Crosby Y Cummings,B
Y Cummings,M

Y Davis,C Y Davis,G
Y Davis,M Y Dixon,H
Y Dixon,S Y Dobbs
Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
E 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 N 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 E Kingston Y Lane,D
Lane,R Y Langford
Y Lawrence
Y Lawson
Y Lee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody

Y Morton Y Moultrie
Y Mueller Oliver,C
Y Oliver,M
Y Orr Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten
Y Pettit N Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson y Royal
Y Selman
Simpson Y Sinkfield
Y Smith,L Y Smith,P
Smith,T

Y Smith,W
Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M Y Thompson YThurmond Y Titus Y Tolbert
Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L Y Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams,B E Williams,J
Y Yates
Y Yeargin Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 160, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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.

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

Y Aaron Y Abernathy Y Adams Y Aiken
Alford Y Allen Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot
Bargeron N Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield

Benn
Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B

Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch 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

Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E Green Y Greene N Gresham Y Griffin
Y Groover Y Hamilton
Y Hanner
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 N Jackson,W N Jamieson
Y Jenkins
Y Johnson Y Jones Y Kilgore E Kingston Y Lane,D
Lane,R Y Langford

MONDAY, JANUARY 29, 1990

409

N Lawrence
Y Lawson Y Lee
Linder Y Long Y Lord Y Lucas Y Lupton
Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney,C
Y Meadows YMilam

Y Mobley
Moody N Morton Y Moultrie N Mueller
Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston
Y Poag

Y Porter Y Poston Y Powell Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield Y Smith,L Y Smith,P

Y Smith,T Y Smith,W
Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper
Thomas,C YThomas,M Y Thompson Y Thurmond Y Titus Y Tolbert

Y Townsend Twiggs
Y Vaughan
Waddle Y Walker,C Y Walker,L Y Wall Y Ware
Watson Y Watts Y White
Wilder Y Williams,B E Williams,J
N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 10. The Bill, having received the requisite constitutional majority, was passed.

HB 1246. By Representatives Birdsong of the 104th and Barnett of the lOth:
A bill to amend Code Section 45-9-3.1 of the Official Code of Georgia Annotated, relating to immunity from liability of law enforcement officers directing or escorting funeral processions, so as to delete the provisions of said Code section; to amend Code Section 40-6-76 of the Official Code of Georgia Annotated, relating to funeral processions, so as to provide for immunity of liability for law enforcement officers directing or escorting funeral processions.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter

Y Chambless
Chance
Y Cheeks Y Childers
Clark,B Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S
Y Dobbs Y Dover Y Dunn
Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin E 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 E Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee Y Linder

Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney,C
Y Meadows
YMilm Y Mobley
Moody Y Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell

Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal
Y Selman Simpson
Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs

410

JOURNAL OF THE HOUSE,

Y Vaughan Waddle
Y Walker,C

Y Walker,L Wall
Y Ware

Y Watson
Y Watts Y White

Wilder Y Williams,B E Williams,J

Y Yates Y Yeargin
Murphy,Spkr

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

HB 1201.

By Representatives Reaves of the 147th, Godbee of the 110th, Byrd of the 153rd, Holland of the 136th, Balkcom of the 140th and others:
A bill to amend Code Section 35-4-4 of the Official Code of Georgia Annotated, relating to the powers of the Board of Public Safety relative to the establishment, operation, and maintenance of the Georgia Police Academy, so as to authorize the establishment, operation, and maintenance of a program for the training of dogs and police officer dog handlers to aid in law enforcement and public safety.

The following Committee substitute was read:

A BILL
To amend Code Section 35-4-4 of the Official Code of Georgia Annotated, relating to the powers of the Board of Public Safety relative to the establishment, operation, and maintenance of the Georgia Police Academy, so as to authorize the establishment, operation, and maintenance of a program for the training of dogs and police officer dog handlers to aid in law enforcement and public safety; to provide for the approval of certain training and certification and renewal in connection therewith by the Georgia Peace Officer Standards and Training Council; 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 35-4-4 of the Official Code of Georgia Annotated, relating to the powers of the Board of Public Safety relative to the establishment, operation, and maintenance of the Georgia Police Academy, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) (1) Pursuant to rules and regulations adopted by the board for such purpose, the Georgia Police Academy is authorized to:
(A) Establish, operate, and maintain a program for the training of dogs to aid in law enforcement and public safety;
(B) Train police and other public safety officers in the care, use, and handling of dogs which have been trained to aid in law enforcement and public safety;
(C) Acquire dogs for the purposes of subparagraphs (A) and (B) of this paragraph and sell or otherwise make such dogs available to law enforcement or other public safety agencies or to police or other public safety officers;
(D) Develop, administer, and maintain a program of dog handler team certification and annual renewal to ensure continuous proficiency in prescribed training and performance standards; and
(E) Take such other or additional action as may be reasonably necessary to carry out the provisions of this subsection. (2) The program for dog handler team certification and annual renewal provided for in subparagraph (D) of paragraph (1) of this subsection shall be approved by the Georgia Peace Officer Standards and Training Council provided for in Chapter 8 of this title, and, upon completion of the training program, the certification and renewal of certification shall be issued by the Georgia Peace Officer Standards and Training Council."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

MONDAY, JANUARY 29, 1990

411

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

The following amendment was read and adopted:

Representative Reaves of the 147th moves to amend the Committee substitute to HB 1201 by striking the word "dogs" where it appears in line 5 on page 2 and inserting in lieu thereof the following:
"untrained dogs or purchase previously trained dogs".
By inserting in line 7 on page 2 between the word "sell" and the word "or" the following:
", resell,".
By inserting in line 24 on page 2 between the word "upon" and the word "completion" the word "successful".
By inserting in line 25 on page 2 between the word "the" and the word "training" the following:
"Georgia Police Academy".
By striking the quotation mark appearing at the end of line 27 on page 2 and by inserting between lines 27 and 28 on page 2 the following:
"(3) Dog handler teams which have received their training at other public or private sector training facilities and have not been trained by the Georgia Police Academy must, within three years of beginning the performance of law enforcement and public safety duties in Georgia, successfully complete a Georgia Police Academy administered performance evaluation and receive a certification issued by the Georgia Peace Officers Standards and Training Council. Subsequent to the receipt of their initial certification, such dog handler teams must then receive an annual renewal. This paragraph shall not apply to any dog handler team of any agency of the United States government or to other dog handling employees of any such agency."'

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 N Abernathy Y Adams
Aiken N Alford Y Allen Y Athon Y Atkins N Bailey N Baker Y Balkcom
N Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck N Benefield Y Benn

Y Birdsong Bishop
Y Bostick Y Branch Y Breedlove
Brooks
Brown Y Buck N Buford Y Byrd N Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers N Clark,B N Clark,H Y Clark,L

N Coleman
Colwell Y Connell Y Couch
Crawford Y Crosby
Cummings,B 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 Y Felton Y Fennel

Y Floyd,J.M Floyd,J.W
Y Foster Y Godbee Y Goodwin
E Green
Y Greene N Gresham Y Griffin
Y Groover Y Hamilton
Hanner Y Harris Y Hasty N Heard Y Herbert N Holcomb Y Holland Y Holmes Y Hooks

N Howren Y Hudson
Y Irwin N Isakson Y Jackson,J Y Jackson,W
Jamieson N Jenkins Y Johnson Y Jones Y Kilgore E Kingston Y Lane,D
Y Lane,R Y Langford
N Lawrence
Y Lawson N Lee N Linder Y Long

412

JOURNAL OF THE HOUSE,

Y Lord Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy N McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody
N Morton
Y Moultrie

N Mueller Y Oliver,C
Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell

Y Randall
Y Ransom
y Ray
Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman
Simpson Sinkfield Y Smith,L Y Smith,P Y Smith,T N Smith,W

Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
N Steele Y Stephens Y Streat N Teper Y Thomas,C
Thomas,M Thompson Thurmond Y Titus Y Tolbert N Townsend

Y Twiggs
N Vaughan N Waddle
N Walker,C Y Walker,L YWall
Ware Watson Y Watts White N Wilder YWilliams,B E Williams,J N Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 117, nays 35.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

HR 580. By Representative Sinkfield of the 37th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter

Y Chambless
Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E 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 Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore E 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
YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell

Y Randall
Y Ransom Y Ray
Y Reaves Y Redding
Y Richardson
Ricketson Y Robinson Y Royal
Y Selman
Simpson Y Sinkfield Y Smith,L
Smith,P Y Smith,T
Smith,W Y Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs

MONDAY, JANUARY 29, 1990

413

Y Vaughan Y Waddle
Walker,C

Y Walker,L YWall Y Ware

Y Watson Y Watts Y White

Wilder Y Williams,B E Williams,J

Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 638. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A resolution ratifying certain mm1mum standards and procedures of the Department of Community Affairs.

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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M
Davis,C Davis,G Y Davis,M Y Dixon,H Dixon,S Y Dobbs N Dover N Dunn Edwards Y Ehrhart Y Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E 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
Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore E Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee Y Linder Y Long N Lord
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 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 Poag
Y Porter Y Poston N Powell y Randall Y 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 N Smith,T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C
Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend N Twiggs Y Vaughan Y Waddle Y Walker,C Y Walker,L N Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B E Williams,J Y Yates
Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 147, nays 10. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Davis of the 29th 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 McKinney of the 35th moved that the following Resolution of the Senate be withdrawn from the General Calendar and recommitted to the Committee on State Planning and Community Affairs:

414

JOURNAL OF THE HOUSE,

SR 122. By Senators Tate of the 38th and Scott of the 36th: A resolution proposing an amendment to the Constitution to authorize any municipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census which has an independent school system to incur an additional $8 million per annum in bonded indebtedness for school purposes without the necessity of a referendum.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken N Alford Y Allen Y Athon N Atkins N Bailey Y Baker N Balkcom
N Bannister N Barfoot
Y Bargeron
N Barnett,B N Barnett,M N Bates
Beck N Benefield
Benn N Birdsong Y Bishop N Bostick N Branch Y Breedlove Y Brooks
Brown N Buck Y Buford N Byrd N Campbell
Carrell Carter N Chambless N Chance Cheeks

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

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

On the motion, the ayes were 57, nays 96. The motion was lost.

Y McKinney,B Y McKinney,C
N Meadows Milam
N Mobley N Moody N Morton Y Moultrie N Mueller Y Oliver,C N Oliver,M Y Orr N Orrock N Padgett Y Pannell N Parham N Parrish Y Patten N Pettit
Pinkston N Poag Y Porter N Poston N Powell Y Randall Y Ransom N Ray
N Reaves Y Redding
N Richardson N Ricketson Y Robinson
N Royal N Selman
Simpson
Y Sinkfield

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

The following Resolution of the House was read and adopted:

HR 715. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Walker of the 115th and Groover of the 99th:
A resolution congratulating Honorable Sewell R. Brumby on the occasion of his 38th birthday.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 883. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act providing for a Gwinnett County Board of Registrations and Elections, so as to change certain provisions relating to the appointment of certain members.

MONDAY, JANUARY 29, 1990

415

The following Senate substitute was read:

A BILL
To amend an Act providing for a Gwinnett County Board of Registrations and Elections, approved March 24, 1988 (Ga. L. 1988, p. 4296), so as to change certain provisions relating to the appointment of certain members; to change certain provisions regarding vacancies; to provide for appointment of the elections supervisor by the board; to change certain provisions regarding meetings of the 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. An Act providing for a Gwinnett County Board of Registrations and Elections, approved March 24, 1988 (Ga. L. 1988, p. 4296), is amended by striking paragraph (2) of Section 2 and inserting in its place a new paragraph (2) to read as follows:
"(2) The fifth member of the board shall be appointed by a majority of the four party appointed members of the Gwinnett County Board of Registrations and Elections. Said fifth member shall be appointed within 30 days of the time at which the party appointed members are to take office. The fifth member so selected shall be deemed to be a member at large. Any appointment made under this paragraph shall also be entered upon the minutes of the governing authority of the county."
Section 2. Said Act is further amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:
"Section 5. In the event any appointing authority fails (1) to make a regular appointment or election within the times specified in Section 2 or Section 4 of this Act, or (2) to make an interim appointment to fill a vacancy within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the chief judge of the Superior Court of Gwinnett County."
Section 3. Said Act is further amended by striking subsection (a) of Section 14 and inserting in its place a new subsection (a) to read as follows:
"(a) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse or at the place of meeting of the county governing authority. All meetings of the board shall be conducted in the manner specified in Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings."
Section 4. Said Act is further amended by striking Section 15 and inserting in its place a new Section 15 to read as follows:
"Section 15. The board shall be responsible for selecting and appointing an administrative director, to be known as the elections supervisor, to administer and supervise the conduct of elections, primaries, and registration of electors for the county. Such appointment shall be effective only if the nominee receives at least four affirmative votes from the five-member board. Compensation for the elections supervisor shall be determined and paid by the governing authority wholly from county funds. The elections supervisor shall serve at the pleasure of the board."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval or upon July 1, 1989, whichever occurs first.
Section 6. 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 883.
On the motion, the ayes were 110, nays 0.

416

JOURNAL OF THE HOUSE,

The motion prevailed.

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

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 905 through 969, who have registered in the Docket of Legislative Appearance as of January 26, 1990, 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 26th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

/s/ Max Cleland Secretary of State

905. Robert Martin Soloway Citizen 1347 Benning Place Atlanta, Georgia 30307
906. Bill Porter Citizen Georgia Rails Into Trails Society (GRITS) 1655 Tullie Circle - Ste 108 Atlanta, Georgia 30329
907. Richard D. Robinson Citizen 355 Bear Creek Trail Hampton, Georgia 30228
908. Maggie Lawson Child Protection Education Infant Mortality Troubled Children/Youth Junior League DeKalb Trinity Place Decatur, Georgia 30030
909. William W. Holland Task Force for the Homeless Ga. Homeless Resource Network 363 Georgia Avenue, S.E. Atlanta, Georgia 30312
910. Jann Shevin Georgia Consumer Center 856 Rosedale Road, N.E. Atlanta, Georgia 30306

911. Pippit L. Carlington Alternative/Atlanta:A Mental Health Union Protection and Advocacy Coalition National Mental Health Consumers Assn. 957 Highland Avenue Atlanta, Georgia 30306
912. Jane Cunningham Alternative/Atlanta:A Mental Health Union, Inc. National Mental Health Consensus Assn. Mental Health Association Protection and Advocacy Coalition 957 Highland Avenue, N.E. Atlanta, Georgia 30307
913. Alex Rue Addiction Research Foundation (ADRF) 960 West Kingston Drive Atlanta, Georgia 30342
914. Mary Lou Romaine Atlanta Federation of Teachers Georgia Federation of Teachers Georgia AFL-CIO 374 Maynard Terrace No. 202 Atlanta, Georgia 30316

MONDAY, JANUARY 29, 1990

417

915. Leroy B. Anderson Hensley-Schmidt Engineering 4872 Mustang Drive Norcross, Georgia 30071
916. John D. Gibbs American Assn. of Retired Persons 930 Hargett Court Stone Mountain, Ga. 30083
917. Quinton S. King Georgia Assn. of Realtors 843 Dalrymple Road Terrace Suite Atlanta, Georgia 30328
918. Arnold Baker North Atlanta Charter Realty, Ltd. 1901 Huntingdon Chase Atlanta, Georgia 30350
919. Martha Andrews Atlanta Chapter National Health Federation The Voice of Liberty 692 Sunnybrook Drive Decatur, Georgia 30033
920. Christopher Ervin WYZE 1480 AM Radio News Freelance Writer 2740 Greenbriar Pkwy. SW #222 Atlanta, Georgia 30331
921. J. David Gladney Business Council of Georgia 233 Peachtree Street Suite 200 Atlanta, Georgia 30303
922. H. Andrew Owen American Insurance Assn. 1900 Peachtree Center Tower 230 Peachtree Street Atlanta, Georgia 30303
923. Pennee Joh Rowland Citizen 683 Gingercake Road Fayetteville, Georgia 30214
924. Betty R. Smith Citizen 500 Rose Avenue Barnesville, Georgia 30204

925. Bernard R. Smith Citizen 500 Rose Avenue Barnesville, Georgia 30204
926. Rechelle Garmany Democratic Party of Georgia 1100 Spring Street, Suite 350 Atlanta, Georgia 30367
927. M. M. "Buddy" Gaultney, Jr. Citizens for Safe Progress Rt. 2, Box 168 Butler, Georgia 31006
928. Kit Woods American Federation of Television & Radio Artists Screen Actors Guild 1627 Peachtree St. NE, #210 Atlanta, Georgia 30309
929. Maureen M. Lok League of Women Voters of Georgia 3793 Raccoon Run Marietta, Georgia 30062
930. Frank F. Molock Legislative Chairman (Metro Club) Retiree Club 2106 Austell Road Marietta, Georgia 30060
931. John H. Downs, Jr. Coca-Cola Enterprises, Inc. One Coca-Cola Plaza P. 0. Drawer 1778 Atlanta, Georgia 30313
932. Mathew Foster Amalgamated Transit Union Local 732 501 Pulliam Street, S.W. Suite 350 Atlanta, Georgia 30312
933. Donna Dixon ADE, Inc., Clarkston, MI 1114 Laurel Street Blackshear, Georgia 31516
934. Peggy S. Curran Citizen 150 Cross Creek Trail Fayetteville, Georgia 30214
935. Gloria I. Trail Citizen 207 Planceer Place Peachtree City, Ga. 30269

418

JOURNAL OF THE HOUSE,

936. William V. Liles Citizen 165 Carrollwood Drive Fayetteville, Ga. 30214
937. Lynn G. Liles Citizen 165 Carrollwood Drive Fayetteville, Ga. 30214
938. Cathy Hicks Citizen Box 2277 Peachtree City, Ga. 30214
939. Penny Kretzschmar Citizen Box 2277 Peachtree City, Ga. 30269
940. Tris A. Sevdy Citizen 104 Adell Court Peachtree City, Ga. 30269
941. George William Sweeney, Jr. American Freedom Coalition American Parents Assn. National Adoption Service Biovis, Inc. 2382 Highway 138 S.E. Conyers, Georgia 30208
942. Margie Sybb Howard Informed Health Care Assn. of Georgia, Inc. Georgia Women's Coalition for Medical Freedom, Inc. Cancer Victors, Inc. 3460 Buford Hwy. NE I-8 Atlanta, Georgia 30329
943. John P. Stevens First National Bank of At!. First Atlanta Corporation P. 0. Box 4148 Atlanta, Georgia 30302
944. Dan McCranie United Steel Workers of American Local 7731 105 Brown Drive Warner Robins, Ga. 31093
945. H. Evonne Yancey Kaiser Permanente 3355 Lenox Road, N.E. Atlanta, Georgia 30326

946. Gene Harrington Houston County Board of Commissions Citizen 106 Patriot Way Warner Robins, Ga. 31088
947. William C. Resseau, Jr. Brotherhood of Maintenance Employees Route 1, Box 212 Linton, Georgia 31087
948. Mark S. Baldwin Home Builders Assn. of Ga. 1005 Virginia Ave., #207 Atlanta, Georgia 30354
949. Eli P. Karatassos Karatassos and Associates Savannah Area Chamber of Commerce 7 E. Congress Street Suite 1000 Savannah, Georgia 31401
950. Guy E. Wood Georgia Assn. of Assessing Officials 141 Pryor Street Atlanta, Georgia 30335
951. Dianne H. Scoggins Georgia Assn. of Assessing Officials 30 South Dalton Street Ellijay, Georgia 30540
952. Manson W. Steuart Prof. Assn. of Georgia Educators League of Independent Fulton Educators 2555 Riggs Driveenue East Point, Georgia 30344
953. Dr. Cynthia Ann Miller National Organization for Women (NOW) Georgia Abortion Rights Action League (GARAL) Planned Parenthood Georgia Women's Political Caucus 33 Finch Trail Atlanta, Georgia 30308
954. Bethanne Jenks, MD MPH Georgia Chapter American Academy of Pediatrics 5475 Memorial Drive Stone Mountain, Ga. 30083

MONDAY, JANUARY 29, 1990

419

955. Thomas 0. Payne Georgia Nurses Assn. 3893 Nowlen Road Kennesaw, Georgia 30144
956. Quintel E. Howell Amalgamated Transit Union Local 732 501 Pulliam Street, S.W. Suite 350 Atlanta, Georgia 30312
957. Calvin E. Sims, Sr. Amalgamated Transit Union Local 732 501 Pulliam Street Suite 350 Atlanta, Georgia 30312
958. Cynthia J. Johnson Georgia Nurses' Assn. 415 Houston Oaks Drive Savannah, Georgia 31419
959. Terrell A. Rogers City of Cornelia, Georgia P. 0. Box 544 Cornelia, Georgia 30531
960. Norman Wolfe Cohn & Wolfe 225 Peachtree Street, #2300 Atlanta, Georgia 30303
961. R. Mark Holloway Greater Macon Chamber of Commerce 305 Coliseum Drive Macon, Georgia 31298
962. John Culbreth Atlanta City Government One CNN Center S. 1270 South Tower Atlanta, Georgia 30303

963. C. Diann Meeks Georgia Assn. of Educators Brantley Assn. of Educators P. 0. Box 338 Nahunta, Georgia 31553
964. Pamela J. Hammond Georgia Assn. of Education Brantley Assn. of Education P. 0. Box 338 Nahunta, Georgia 31553
965. Wanda Bullard Georgia Assn. of Educators Glynn County Assn. of Educators Glynn County Middle School George Street Brunswick, Georgia 31520
966. Gary E. Jackson Magistrate Court Fulton Co. Fulton Co. Development Auth. 1801 Peachtree Street, N.E. Atlanta, Georgia 30309
967. Ronald W. Hogan Waste Management, Inc. Waste Management of North America, Inc. Chemical Waste Management 2600 Delk Road Marietta, Georgia 30067
968. Tiersa Hays Hopkins Citizen P. 0. Box 1121 Woodstock, Georgia 30188
969. William M. Griggers Citizen 2732 Hwy. 29 N. Newnan, Georgia 30265

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.

420

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 30, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Calvin Brown, Pastor, Live Oak Baptist Church, Aragon, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1575. By Representative Meadows of the 91st: A bill to amend an Act incorporating the City of Manchester, so as to provide that those members of the board of commissioners elected at the general election in November, 1988 shall serve until December 31, 1991.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1576. By Representatives Bates of the 141st and Long of the 142nd: A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the boundaries of Decatur County; to provide a short title.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, JANUARY 30, 1990

421

HB 1577. By Representative Stephens of the 68th:
A bill to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, so as to remove the prohibition of a property owner contracting with a towing and storage firm to systematically survey the owner's property and remove improperly parked vehicles.
Referred to the Committee on Judiciary.

HB 1578. By Representatives Martin of the 26th and Lupton of the 25th:
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 landmark historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.
Referred to the Committee on Ways & Means.

HB 1579. By Representatives Pannell of the 122nd, Dixon of the 128th, Hamilton of the 124th, Johnson of the 123rd and Mueller of the 126th:
A bill to amend an Act authorizing the Board of Public Education for the City of Savannah and the County of Chatham to adopt, establish, and administer a system of pensions for old age and disabilities of its teachers and employees, so as to change the provisions relating to the retirement board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1580. By Representatives Davis of the 72nd, Chambless of the 133rd, Lawson of the 9th, Davis of the 45th, Campbell of the 23rd and others:
A bill to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in a final verdict or decree and guidelines for determining the amount of award, so as to provide for applicability; to change the provisions relating to computation of an award.
Referred to the Committee on Judiciary.

HB 1581. By Representatives Foster of the 6th and Griffin of the 6th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that the sheriff of any county, regardless of population, may deposit cash bonds and cash reserves of professional bondsmen in interest-bearing accounts in one or more financial institutions designated as county depositories.
Referred to the Committee on Public Safety.

HB 1582. By Representatives Lupton of the 25th, Martin of the 26th, Townsend of the 24th, Benn of the 38th, McKinney of the 35th and others:
A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to revise certain costs and service fees charged by the clerk and marshal of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

422

JOURNAL OF THE HOUSE,

HB 1583. By Representative Wilder of the 21st:
A bill to amend Code Section 15-1-8 of the Official Code of Georgia Annotated, relating to when judges and judicial officers are disqualified to serve, so as to provide for the disqualification of certain judges to preside, act, or serve in certain cases related to or arising from the zoning of or failure to zone real property; to provide for the service of other judges in such cases.
Referred to the Committee on Judiciary.

HB 1584. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the lOth:
A bill to amend an Act re-creating and reincorporating the City of Woodstock, so as to change the compensation of the mayor and councilmem hers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1585. By Representatives Pettit of the 19th and Watson of the 114th:
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 and empower the Public Service Commission to establish, implement, administer, and promote a state-wide dual party telephone relay system for the utilization of basic telecommunication services by hearing impaired persons and speech impaired persons.
Referred to the Committee on Industry.

HB 1586. By Representatives Hasty of the 8th, Stancil of the 8th and Barnett of the lOth:
A bill to amend an Act creating a board of commissioners for Cherokee County, so as to provide that neither the chairman nor any commissioner shall be qualified for election to any position the term of office of which begins more than 30 days prior to the expiration of such chairman's or commissioner's present term of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1587. By Representatives Snow of the 1st, Barnett of the lOth, Padgett of the 86th, McCoy of the 1st, Howren of the 20th and others:
A bill to amend Code Section 40-5-149 of the Official Code of Georgia Annotated, relating to applications for commercial drivers' licenses, so as to add mental health and mental retardation school bus drivers, Project Head Start vehicle drivers, and special education school bus drivers to the list of those persons who are exempt from paying an application fee for commercial drivers' licenses.
Referred to the Committee on Motor Vehicles.

HB 1588. By Representative Meadows of the 91st:
A bill to amend an Act incorporating the City of Manchester, so as to authorize the board of commissioners to levy an additional 10 percent on fines for violations of municipal ordinances; to provide that such funds be used for the construction, maintenance, and operation of a city jail.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, JANUARY 30, 1990

423

HB 1589. By Representatives Stephens of the 68th and Thurmond of the 67th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who served in World War I, World War II, the Korean Conflict, or the Vietnam Conflict.
Referred to the Committee on Motor Vehicles.

HB 1590. By Representative Stephens of the 68th:
A bill to amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitations on prosecutions generally, so as to remove the limitation on prosecutions of felonies committed against victims under age 14.
Referred to the Committee on Judiciary.

HB 1591. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Election Board to institute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or prohibit certain conduct.
Referred to the Committee on Judiciary.

HB 1592. By Representative Thomas of the 69th:
A bill to amend Code Section 9-11-29.1 of the Official Code of Georgia Annotated, relating to when depositions and other discovery material must be filed with the court, so as to provide that an original certificate of service of all requests and responses to discovery shall be filed with the clerk of the court.
Referred to the Committee on Judiciary.

HB 1593. By Representative Linder of the 44th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to repeal Part 2 of Article 6, which provides that the State Board of Education shall establish competencies and a core curriculum and provide for related matters; to prescribe a state-wide core curriculum.
Referred to the Committee on Education.

HB 1594. By Representative Linder of the 44th:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying, so as to provide for financial disclosures of certain expenditures made for or on behalf of members of the General Assembly.
Referred to the Committee on Rules.

424

JOURNAL OF THE HOUSE,

HB 1598. By Representatives Isakson of the 21st, Ransom of the 90th, Yates of the 75th, Titus of the 143rd, Davis of the 72nd and others:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the State Board of Education to provide by rule or regulation for the form, content, and issuance of student identification cards; to provide guidelines for the issuance of such cards.
Referred to the Committee on Education.

HB 1599. By Representatives Athon of the 57th, Mangum of the 57th, Watts of the 41st, Bostick of the 138th, Alford of the 57th and others:
A bill to amend Code Section 36-1-22 of the Official Code of Georgia Annotated, relating to county business and occupational license taxes and fees, so as to remove the authority to levy business and occupational taxes; to authorize the levy, assessment, and collection of license fees for regulatory purposes only and to provide that the amount of such fees shall bear a reasonable relationship to the cost of providing regulatory services.
Referred to the Committee on Ways & Means.

HB 1600. By Representatives Athon of the 57th, Mangum of the 57th, Watts of the 41st, Alford of the 57th and Dobbs of the 74th:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating generally to the powers of municipalities, so as to provide that municipalities shall not have the power to levy, assess, or collect business or occupational taxes; to authorize municipalities for regulatory purposes only, to levy, assess, and collect business or occupation license fees; to provide for limitations on such license fees.
Referred to the Committee on Ways & Means.

HB 1601. By Representative Lane of the 27th:
A bill to amend Chapter 43 of Title 36 of the Official Code of Georgia Annotated, relating to city business improvement districts, so as to authorize the assessment and collection of surcharges on business license fees and occupation taxes to fund supplemental services provided within a district.
Referred to the Committee on State Planning & Community Affairs.

HB 1602. By Representatives Steele of the 97th, Watts of the 41st, Athon of the 57th, Cummings of the 17th, Clark of the 13th and others:
A bill to amend Code Section 31-7-3 of the Official Code of Georgia Annotated, relating to requirements for permits to operate institutions, so as to provide for a statement of findings; to require any institution wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are performed or are to be performed to have and maintain in full force and effect a policy of insurance providing certain minimum liability coverages.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 30, 1990

425

HB 1603. By Representatives Steele of the 97th, Watts of the 41st, Cummings of the 17th, Clark of the 13th, Gresham of the 21st and others:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to provide that a parent shall not be responsible for any medical, physician's, hospital, or other health care costs connected with an abortion or resulting from any act or omission in the performance of or attempt to perform an abortion on such parent's unemancipated minor child unless such parent received prior written notice that an abortion was to be performed.
Referred to the Committee on Judiciary.

HB 1604. By Representatives Steele of the 97th, Watts of the 41st, Cummings of the 17th, Clark of the 13th, Gresham of the 21st and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the "Abortion Complications Reporting Act"; to provide for a short title.
Referred to the Committee on Judiciary.

HB 1605. By Representatives Stephens of the 68th, Buford of the 103rd and Pettit of the 19th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to the requirement of motor vehicle liability policies and coverage of claims against uninsured motorists, so as to provide that in cases of an unknown person operating a motor vehicle, physical contact shall not be required where a named defendant contends or testifies that such unknown person caused or contributed to the cause of the occurrence or in any case where there is a witness to the occurrence other than the claimant who testifies that such unknown person causes the occurrence.
Referred to the Committee on Special Judiciary.

HR 708. By Representative Linder of the 44th:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the State School Superintendent by the Governor; to provide for the State School Superintendent in office on July 1, 1991.
Referred to the Committee on Education.

HR 709. By Representative Linder of the 44th:
A resolution proposing an amendment to the Constitution so as to provide that members of boards of education shall be elected; to provide that school superintendents shall be appointed by their respective boards of education.
Referred to the Committee on Education.

HR 710. By Representative Linder of the 44th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the abolishment of county grand juries selected from and having jurisdiction throughout each judicial circuit in this state.
Referred to the Committee on Judiciary.

426

JOURNAL OF THE HOUSE,

HR 711. By Representative Under of the 44th:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the Commissioner of Agriculture by the Governor; to provide for the Commissioner of Agriculture in office on July 1, 1991.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 712. By Representative Linder of the 44th:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the Commissioner of Insurance by the Governor; to provide for the Commissioner of Insurance in office on July 1, 1991.
Referred to the Committee on Insurance.

HR 713. By Representative Linder of the 44th:
A resolution proposing an amendment to the Constitution so as to provide for the appointment of the Commissioner of Labor by the Governor; to provide for the Commissioner of Labor in office on July 1, 1991.
Referred to the Committee on Industrial Relations.

HR 714. By Representative Linder of the 44th:
A resolution applying to the Congress for a convention to propose an amendment to the Constitution of the United States.
Referred to the Committee on Rules.

HR 716. By Representatives Mangum of the 57th, Athon of the 57th, Bostick of the 138th, Alford of the 57th, Linder of the 44th and Williams of the 48th:
A resolution proposing an amendment to the Constitution so as to prohibit increases in the assessed value of real property upon which a homestead exemption from ad valorem taxation has been obtained except when that property is improved.
Referred to the Committee on Ways & Means.

HR 717. By Representatives Alford of the 57th, Mangum of the 57th, Athon of the 57th, Linder of the 44th and Williams of the 48th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by general law to establish as a separate class of property for ad valorem tax purposes homestead property; to authorize the General Assembly to provide by general law that certain properties within such class may be assessed for taxes at different valuations.
Referred to the Committee on Ways & Means.

HR 718. By Representatives Mangum of the 57th, Alford of the 57th, Athon of the 57th, Watts of the 41st, Dobbs of the 74th and others:
A resolution proposing an amendment to the Constitution so as to limit the annual percentage increase in the assessed value of real property for ad valorem taxes except where that property is improved.
Referred to the Committee on Ways & Means.

TUESDAY, JANUARY 30, 1990

427

HR 719. By Representative Crawford of the 5th: A resolution compensating Mrs. Frances M. Harris.
Referred to the Committee on Appropriations.

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

HB 1606. By Representatives Walker of the 115th, Poston of the 2nd, Thomas of the 69th, Robinson of the 96th and Groover of the 99th:
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 revise the laws relating to trade secrets; to provide a short title.
Referred to the Committee on Judiciary.

HB 1607. By Representative Randall of the 101st:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures, so as to provide for the disposition of seized property 30 days after service of process.
Referred to the Committee on Special Judiciary.

HB 1608. By Representatives Bishop of the 94th and Randall of the 101st:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipalities and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees.
Referred to the Committee on Special Judiciary.

HB 1609. By Representatives Dunn of the 73rd, Ware of the 77th, Griffin of the 6th, Groover of the 99th, Ricketson of the 82nd and others:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that certain group or blanket accident and sickness insurance policies or contracts may contain such benefits, coverages, and reimbursements as may be agreed upon between the group policyholder and its insurer.
Referred to the Committee on Insurance.

HB 1610. By Representatives Walker of the 85th, Smyre of the 92nd, Padgett of the 86th, Holmes of the 28th and Brown of the 88th:
A bill to amend Article 12 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to small minority business development corporations, so as to provide that the minimum amount of capital with which a corporation shall commence business shall not be less that $50,000.00.
Referred to the Committee on Special Judiciary.

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HB 1626. By Representatives Lord of the 107th, Irwin of the 13th, Bailey of the 72nd, Barfoot of the 120th, Padgett of the 86th and others:
A bill to amend Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, so as to restrict the number of hours that a local director may work at another nongovernmental occupation if such local director is being compensated for performing duties as the local director.
Referred to the Committee on Defense & Veterans Affairs.

HB 1627. By Representatives Holmes of the 28th, Goodwin of the 63rd, Moultrie of the 93rd, Greene of the 130th and Stancil of the 8th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that all municipalities shall utilize the county voter registration system and shall not maintain a separate registration system.
Referred to the Committee on Governmental Affairs.

HB 1628. By Representatives Holmes of the 28th, Goodwin of the 63rd, Moultrie of the 93rd, Greene of the 130th and Stancil of the 8th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates.
Referred to the Committee on Governmental Affairs.

HB 1629. By Representatives Watts of the 41st, McKelvey of the 15th, Twiggs of the 4th, Moody of the 153rd, Redding of the 50th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps generally, so as to change the record requirements of a licensed taxidermist; to provide for resident and nonresident taxidermist licenses and license fees.
Referred to the Committee on Game, Fish & Parks.

HB 1630. By Representatives Holland of the 136th, Poston of the 2nd, Fennel of the 155th, Baker of the 51st, Irwin of the 13th and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change a certain definition.
Referred to the Committee on Public Safety.

HB 1631. By Representatives Fennel of the 155th, Smith of the 156th, Kilgore of the 42nd, Lane of the 27th, Patten of the 149th and others:
A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to change the qualifications of directors of such authorities.
Referred to the Committee on State Planning & Community Affairs.

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429

HB 1632. By Representatives Murphy of the 18th, Groover of the 99th and Walker of the 115th:
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 "Act Creating the Superior Court Judges Retirement System," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.
Referred to the Committee on Judiciary.

HB 1633. By Representatives Murphy of the 18th, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional retirement benefits available to Justices of the Supreme Court and Judges of the Court of Appeals, so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.
Referred to the Committee on Judiciary.

HR 727. By Representatives Fennel of the 155th and Smith of the 156th: A resolution compensating Mr. Fuller Blue, Jr.
Referred to the Committee on Appropriations.

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

HB 1556 HB 1557 HB 1558 HB 1559 HB 1560 HB 1561 HB 1562 HB 1565 HB 1566 HB 1567 HB 1568 HB 1569
HB 1570 HB 1571 HB 1572
HB 1573

HB 1574 HB 1595 HB 1596 HB 1597 HR 704 SB 454 SB 469 SB 486 SB 488 SB 530 SR 280 SR 298 SR 306 SR 307 SR 315

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

Mr. Speaker:

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

HB 149 Do Pass, by Substitute HB 677 Do Pass, by Substitute HB 704 Do Pass, by Substitute

HB 1254 Do Pass, by Substitute HB 1297 Do Pass HB 1499 Do Pass

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Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Balkcom of the 140th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1372 Do Pass HB 1373 Do Pass
Respectfully submitted, /s/ Balkcom of the 140th
Chairman

Representative Dover of the 11th 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 and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1351 Do Pass HR 589 Do Pass HR 590 Do Pass
Respectfully submitted, /s/ Dover of the 11th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 30 Do Not Pass
Respectfully submitted, /s/ Watson of the 114th
Chairman

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

Mr. Speaker:

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431

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1320 Do Pass, by Substitute HB 1397 Do Pass
Respectfully submitted,
Is/ Thomas of the 69th
Chairman

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 1191 Do Pass, by Substitute HB 1554 Do Pass, as Amended HB 455 Do Pass, by Substitute

HB 1595 Do Pass HB 1360 Do Pass, as Amended HB 255 Do Pass, by Substitute

Respectfully submitted,
Is/ Jackson of the 9th
Chairman

Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

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

HB 115 Do Pass HB 441 Do Pass HB 539 Do Pass HB 695 Do Pass, by Substitute HB 752 Do Pass HB 754 Do Pass, by Substitute

HB 764 Do Pass HB 1035 Do Pass HB 1095 Do Pass, by Substitute HB 1114 Do Pass HB 1415 Do Pass, by Substitute

Respectfully submitted,
Is/ Cummings of the 17th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1483 Do Pass, as Amended HB 1524 Do Pass HB 1529 Do Pass

HB 848 Do Pass HB 1073 Do Pass, by Substitute

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Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1206 Do Pass HB 1444 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman

Representative Thompson of the 20th 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 848. By Representative Thompson of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to provide for the levy of an ad valorem tax of not more than 20 mills for the purpose of supporting and maintaining public schools.

On the motion, the ayes were 100, nays 0. The motion prevailed.

The Speaker assumed the Chair.

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a board of commissioners of Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 2962), 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; to provide that the chairman of the board shall

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433

be the chief executive and administrative officer of the county; to change the provisions relating to the powers of the board of commissioners and the powers of the chairman of such board; to change the provisions relating to the compensation of the chairman and other members of the board; to provide for an expense account for the chairman; to provide for vacancies in the office of chairman of the board; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 2962), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) The members of the board of commissioners of Houston County shall receive a salary of $450.00 per month from the funds of Houston County; provided, however, that, on and after January 1, 1991, the chairman of the board of commissioners of Houston County shall receive an annual salary of not less than $48,000.00, the exact amount to be determined and approved by the board of commissioners and paid in equal monthly installments from the funds of Houston County. In addition, each time the board of commissioners grants an increase in salary paid from county funds to the county officers of Houston County whose offices are listed in Article IX, Section I, Paragraph III of the Constitution, upon approval by the board of commissioners, the chairman's salary shall be increased by the same amount.
(b) The chairman of the board of commissioners of Houston County shall have an expense account from which funds may be withdrawn to be used in carrying out the duties of such office which shall be in addition to any other compensation provided for said chairman. The expense account shall be approved by the board of commissioners annually and shall be a part of the county budget. The chairman shall publish annually a detailed statement accounting for the expenditures from such expense account.
(c) A monthly contingent expense allowance for the members of the board of commissioners of Houston County, other than the chairman, shall be and the same is fixed in the sum of $200.00, which shall be in addition to any other compensation provided for said members other than the chairman."
Section 2. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The commissioners elected as provided in this Act shall meet at the courthouse in Houston County on the first Tuesday in each month and shall meet at the county building in Warner Robins in said county on the third Tuesday in each month. Except as otherwise provided in subsection (b) of this section, on the first Tuesday in January of each year, said commissioners shall organize and choose one from their number as chairman, whose term of office shall be one year; and a chairman of said board shall be elected by said board on the first Tuesday in January of each year through December 31, 1990. The board of commissioners shall have full and complete right and power to fix the time or times for its regular meetings and may also call and set the times and places for any special meetings as said board of commissioners may within its discretion require.
(b) Beginning with the general election in 1990 and continuing thereafter, Post 1 shall be designated the Chairman Post and the candidate elected to Post 1 from the county at large shall be the chairman of the board of commissioners. Any person appointed or elected to fill a vacancy in Post 1 after January 1, 1991, pursuant to the provisions of Section 4 of this Act shall be the chairman of the board of commissioners for the remainder of the unexpired term of office. Any other member of the board may be appointed by the board to fill a vacancy in Post 1."
Section 3. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. The board of commissioners shall elect a clerk or secretary whose duty it shall be to keep in well-bound books complete records of all the proceedings of the

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board of commissioners and to do and perform all of the duties and services usual and incident to the position of clerk or secretary of such a board. Said clerk or secretary shall be elected to serve at the pleasure of the board, and he shall be paid a salary commensurate with the duties and requirements of his office, in an amount to be in the discretion of the board of commissioners and payable monthly. The board of commissioners shall elect any other clerical or secretarial help as it shall deem necessary. Such clerical or secretarial help shall be elected to serve at the pleasure of the board and shall be paid a salary commensurate with the duties and requirements of their employment, in an amount to be in the discretion of the board of commissioners and payable monthly."
Section 4. Said Act is further amended by striking Section 7 in its entirety and inserting new Sections 7 and 7A to read as follows:
"Section 7. The board of commissioners of Houston County is authorized to enact ordinances, rules, resolutions, and regulations implementing the powers granted by the Constitution and laws of the State of Georgia to the governing authorities of the various counties in the State of Georgia. In addition, the board shall have the following powers and duties:
(1) To cause the Code of Ordinances of Houston County to be updated at least annually;
(2) To maintain, or cause to be maintained, an accurate accounting of all financial affairs of the county and to publish a report annually in a newspaper of general circulation located in the City of Perry and a newspaper of general circulation located in the City of Warner Robins;
(3) To inspect roads, bridges, buildings, or other public works of the county; (4) To prepare annually and cause to be filed in the permanent records of the county an inventory of all county property, both real and personal, which inventory shall show the amount of insurance coverage provided for each building, vehicle, or other item of county property; and (5) To undertake and transact such other business as is necessary for the orderly conduct of county affairs. Section 7A. (a) The office of chairman shall be a full-time position and a person serving as chairman shall not perform any other job or occupation during such tenure as chairman. The chairman of the board shall: (1) Preside at all meetings of the board but shall not vote unless the board is equally divided, in which event the chairman shall vote and that vote shall be counted the same as the vote of any other member of the board; (2) Appoint members and chairmen of all committees of the board; (3) Be recognized as the official head of Houston County by state, federal, and other authorities for military and ceremonial functions; (4) Veto, approve, or fail to approve resolutions of the board as provided in subsection (b) of this section; (5) Be the chief executive officer of Houston County with authority and responsibility to implement the actions of the board and generally to supervise, direct, control, and provide for the administration of the affairs of Houston County; (6) Appoint and remove all officers and employees of the county, subject to confirmation by the board and consistent with any personnel policies adopted by the board, except the county attorney, clerk or secretary, or other clerical help appointed pursuant to Section 6, and the outside auditor who shall be appointed and removed by the board of commissioners; (7) See that all laws and ordinances of the county are enforced; (8) Exercise control over all departments or divisions of the county which the board has heretofore exercised or that may hereafter be created; (9) Prepare and submit to the board of commissioners an annual budget; (10) Keep the board of commissioners fully advised as to the financial condition and needs of said county; (11) Supervise and direct the official conduct of all county officers and department heads appointed by the chairman;

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435

(12) Provide for the salaries or compensation of all county officers and employees, subject to confirmation by the board and consistent with any personnel policies adopted by the board;
(13) Maintain offices in the City of Perry and the City of Warner Robins and spend sufficient time in each office to carry out the duties of such office of chairmanship in both areas of the county; and
(14) Perform such other duties as may be required by the board. (b) Every official act of the board having the force and effect of law shall be by resolution of the board. Any such resolution adopted or approved by the board shall be submitted to the chairman thereof within two calendar days following its adoption or approval. The chairman shall approve or veto the resolution within eight calendar days after adoption or approval, and no resolution shall become effective without the chairman's approval except as provided in this subsection. If the chairman vetoes a resolution, the chairman shall within two business days of such veto return it to the board accompanied by a written statement of the reasons for that veto. If the board shall pass the resolution by a vote of three of its members at the meeting next held after the resolution has been returned with the chairman's veto, it shall become law without the chairman's approval. In the event the chairman does not approve or veto the resolution within the time required, it shall become law without the chairman's approval. The chairman may veto any item or items of any resolution making appropriations; the part or parts of any resolution making an appropriation not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the board over the chairman's veto as provided in this subsection with respect to the passage of a vetoed resolution. (c) (1) The chairman of the board shall be the chief purchasing agent for the county, by whom all purchases or supplies and all contracts therefor shall be made. He shall sign checks and all vouchers for the payment of the same under such rules and regulations as the board may adopt, not inconsistent with this subsection. The board shall adopt rules for regulating purchases made by the county and the chairman shall be governed thereby. In no event shall the chairman be authorized to spend in excess of $2,500.00 for the purchase of any item for use by the county without the prior consent of a majority of the duly qualified members of the board.
(2) The chairman of the board is further vested with the authority to sign all payroll checks for the employees of Houston County.
(3) The chairman shall be directly responsible for the construction and maintenance of all roads and bridges under the jurisdiction of Houston County. He shall appoint a superintendent of roads and bridges whose primary duty shall be to supervise the construction and maintenance of all county roads and bridges. A complete written record shall be kept of the requisitions made by the chairman or superintendent of roads and bridges for 11ll supplies and equipment for the maintenance of the public works forces and the carrying out of the work under the supervision of said superintendent."
Section 5. Section 2 of this Act shall become effective July 1, 1990, and the remaining provisions of this Act shall become effective January 1, 1991.
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 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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HB 1483.

By Representative Poag of the 3rd:
A bill to amend an Act creating the office of commissioner of Murray County, so as to create a five-person Board of Commissioners of Murray County to succeed to the powers and duties of the current board and to exercise other powers and duties.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1483 by striking from line 32 of page 7 the following:
"In time of danger or".
By striking lines 33 and 34 of page 7 and lines 1 and 2 of page 8.

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

HB 1524.

By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to provide a new charter for the City of Kingston.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1529.

By Representatives Jamieson of the 11th and Dover of the 11th:
A bill to amend an Act continuing and re-creating the State Court of Stephens County, so as to change the compensation of the judge and solicitor of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Representative Lane of the 27th moved that the following Resolution of the Senate be withdrawn from the General Calendar and recommitted to the Committee on State Planning and Community Affairs:

SR 122. By Senators Tate of the 38th and Scott of the 36th:
A resolution proposing an amendment to the Constitution to authorize any municipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census which has an independent school system to incur an additional $8 million per annum in bonded indebtedness for school purposes without the necessity of a referendum.

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437

The motion prevailed.

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 297. By Senators Gillis of the 20th, Kidd of the 25th, Broun of the 46th and others:
A resolution providing for the placing of a marker on Colonel's Island in Glynn County in honor of former GovernorS. Ernest Vandiver.

SR 314. By Senator Dawkins of the 45th:
A resolution creating the Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law and providing for the powers and duties of such task force.

SR 331. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying certain mm1mum standards and procedures of the Department of Natural Resources; to provide for an effective date.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 79. By Senator Timmons of the 11th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to membership in the system; to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions.

SB 80. By Senators Timmons of the 11th and Ragan of the lOth:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year.

SB 121. By Senator Timmons of the 11th:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to change the retirement benefits under Option One, known as the "single life annuity"; to provide conditions for an effective date and for automatic repeal.

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SB 162. By Senator Kennedy of the 4th:
A bill to amend Code Section 47 7-100 of the Official Code of Georgia Annotated, relating to retirement ben-efits payable under the Georgia Firemen's Pension Fund, so as to increase retirement benefits payable to persons who have retired or who shall retire under such Code section; to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability retirement benefits payable under the Georgia Firemen's Pension Fund.
SB 312. By Senator Barker of the 18th:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to employees of the Georgia-Federal State Shipping Point Inspection Service being members of the Employees' Retirement System of Georgia, so as to authorize creditable service for certain prior service as an employee of said inspection service.
SB 344. By Senators Tate of the 38th and Fuller of the 52nd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to authorize creditable service for service as a teacher in certain private schools; to provide for definitions; to provide requirements and limitations relative to obtaining such creditable service.
SB 412. By Senator Fuller of the 52nd:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, so as to provide that such prohibitions against gambling shall not apply to certain games or devices; to provide for requirements in connection therewith; to provide for penalties.
SB 420. By Senator Peevy of the 48th:
A bill to amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to disclosure of certain information to persons undergoing certain surgical or diagnostic procedures, so as to include intraductal injection procedures within the list of those diagnostic procedures that a person must be informed about and must consent to before having such procedure administered.
SB 435. By Senators Newbill of the 56th, Albert of the 23rd and Phillips of the 9th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to change certain powers and duties of a hearing officer to consider matters in mitigation of a conviction.
SB 440. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, so as to provide for additional criteria and standards for grants to school systems that operate middle schools.

SB 441. By Senator Shumake of the 39th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to provide that local housing authorities shall post signs in public housing projects which cite the law prohibiting loitering.

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439

SB 443. By Senators Kidd of the 25th, Harris of the 27th and Ray of the 19th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to court, and Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain cross-references; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to strike, revise, and reenact Chapter 8 thereof, relating to adoption; to provide for definitions; to provide for jurisdiction and findings.

SB 444. By Senators Broun of the 46th, Kennedy of the 4th and Bowen of the 13th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the circumstances under which a law enforcement officer shall be considered to be in the line of duty.

SB 445. 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, and Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to repeal certain provisions relating to the exclusion of service with respect to years in which a judge of the probate court has not completed certain training heretofore required by law.

SB 448. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision standards; to provide vision standards with respect to persons who utilize bioptic telescopes; to provide for restricted licenses with respect to certain persons who use corrective lenses or bioptic telescopes.

SB 455. By Senators Timmons of the lith and Pollard of the 24th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to application for membership in the fund; to increase the total payments necessary in order to claim certain prior service under certain conditions; to change the provisions relating to requirements for continued active membership in the fund.

SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain sanitary landfills and permits therefor; to provide an effective date.

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SB 527. By Senators Perry of the 7th, Turner of the 8th and Echols of the 6th:
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 additional sparsity grants for fiscal year 1991; to specifically repeal certain effective date and repeal date provisions; to provide for a new effective date and repeal date.

HB 620. By Representatives Alford of the 57th, Lucas of the 102nd, Watts of the 41st and Barnett of the lOth:
A bill to amend Code Section 25-3-23 of the Official Code of Georgia Annotated, relating to general minimum requirements for organization of a fire department, so as to change such minimum requirements.

HB 1152. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, concerning the landlord and tenant relationship in general, so as to limit the liability of military personnel for rent under residential leases of property in cases of permanent change of station orders or temporary duty orders for a period in excess of three months.

HB 1196. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Ricketson of the 82nd, Kingston of the 125th and others:
A bill to amend Code Section 40-9-100 of the Official Code of Georgia Annotated, relating to the assigned risk plan for motor vehicle insurance, so as to provide eligibility requirements for persons to be insured under the assigned risk plan.

HB 1275. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to change all references to the United States Veterans' Administration to refer to the United States Department of Veterans Affairs; to change references to the administrator of veterans' affairs to refer to the secretary of veterans affairs.

HB 1283. By Representative Stancil of the 66th:
A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, so as to change the supplementary compensation to be paid to each judge of the superior courts of the Western Judicial Circuit by Oconee County.

HB 1327. By Representative Royal of the 144th:
A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the judge and solicitor of said court.

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

TUESDAY, JANUARY 30, 1990

441

SB 79. By Senator Timmons of the 11th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to membership in the system; to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions.
Referred to the Committee on Retirement.

SB 80. By Senators Timmons of the 11th and Ragan of the lOth:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year.
Referred to the Committee on Retirement.

SB 121. By Senator Timmons of the 11th:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to change the retirement benefits under Option One, known as the "single life annuity"; to provide conditions for an effective date and for automatic repeal.
Referred to the Committee on Retirement.

SB 162. By Senator Kennedy of the 4th:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Georgia Firemen's Pension Fund, so as to increase retirement benefits payable to persons who have retired or who shall retire under such Code section; to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability retirement benefits payable under the Georgia Firemen's Pension Fund.
Referred to the Committee on Retirement.

SB 312. By Senator Barker of the 18th:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to employees of the Georgia-Federal State Shipping Point Inspection Service being members of the Employees' Retirement System of Georgia, so as to authorize creditable service for certain prior service as an employee of said inspection service.
Referred to the Committee on Retirement.

SB 344. By Senators Tate of the 38th and Fuller of the 52nd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to authorize creditable service for service as a teacher in certain private schools; to provide for definitions; to provide requirements and limitations relative to obtaining such creditable service.
Referred to the Committee on Retirement.

442

JOURNAL OF THE HOUSE,

SB 412. By Senator Fuller of the 52nd:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, so as to provide that such prohibitions against gambling shall not apply to certain games or devices; to provide for requirements in connection therewith; to provide for penalties.
Referred to the Committee on Industry.

SB 420. By Senator Peevy of the 48th:
A bill to amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to disclosure of certain information to persons undergoing certain surgical or diagnostic procedures, so as to include intraductal injection procedures within the list of those diagnostic procedures that a person must be informed about and must consent to before having such procedure administered.
Referred to the Committee on Health & Ecology.

SB 435. By Senators Newbill of the 56th, Albert of the 23rd and Phillips of the 9th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to change certain powers and duties of a hearing officer to consider matters in mitigation of a conviction.
Referred to the Committee on Health & Ecology.

SB 440. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, so as to provide for additional criteria and standards for grants to school systems that operate middle schools.
Referred to the Committee on Education.

SB 441. By Senator Shumake of the 39th:
A bill to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to provide that local housing authorities shall post signs in public housing projects which cite the law prohibiting loitering.
Referred to the Committee on Public Safety.

SB 443. By Senators Kidd of the 25th, Harris of the 27th and Ray of the 19th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to court, and Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain cross-references; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to strike, revise, and reenact Chapter 8 thereof, relating to adoption; to provide for definitions; to provide for jurisdiction and findings.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 30, 1990

443

SB 444. By Senators Broun of the 46th, Kennedy of the 4th and Bowen of the 13th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the circumstances under which a law enforcement officer shall be considered to be in the line of duty.
Referred to the Committee on Public Safety.

SB 445. 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, and Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to repeal certain provisions relating to the exclusion of service with respect to years in which a judge of the probate court has not completed certain training heretofore required by law.
Referred to the Committee on Retirement.

SB 448. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision standards; to provide vision standards with respect to persons who utilize bioptic telescopes; to provide for restricted licenses with respect to certain persons who use corrective lenses or bioptic telescopes.
Referred to the Committee on Motor Vehicles.

SB 455. By Senators Timmons of the 11th and Pollard of the 24th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to application for membership in the fund; to increase the total payments necessary in order to claim certain prior service under certain conditions; to change the provisions relating to requirements for continued active membership in the fund.
Referred to the Committee on Retirement.

SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain sanitary landfills and permits therefor; to provide an effective date.
Referred to the Committee on Natural Resources & Environment.

444

JOURNAL OF THE HOUSE,

SB 527. By Senators Perry of the 7th, Turner of the 8th and Echols of the 6th:
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 additional sparsity grants for fiscal year 1991; to specifically repeal certain effective date and repeal date provisions; to provide for a new effective date and repeal date.
Referred to the Committee on Education.

SR 297. By Senators Gillis of the 20th, Kidd of the 25th, Broun of the 46th and others:
A resolution providing for the placing of a marker on Colonel's Island in Glynn County in honor of former GovernorS. Ernest Vandiver.
Referred to the Committee on State Institutions & Property.

SR 314. By Senator Dawkins of the 45th:
A resolution creating the Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law and providing for the powers and duties of such task force.
Referred to the Committee on Industrial Relations.

SR 331. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying certain minimum standards and procedures of the Department of Natural Resources; to provide for an effective date.
Referred to the Committee on Natural Resources & Environment.

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

HB 273. By Representatives Thomas of the 69th, Cummings of the 17th and Simpson of the 70th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service; to provide conditions for an effective date and for automatic repeal.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.

TUESDAY, JANUARY 30, 1990

445

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-3-90 to read as follows:
"47-3-90. (a) A member who, prior to March 5, 1976, was employed by a public school system of this state in a capacity specified by subsection (a) of Code Section 20-2-850 may, subject to the limitations of subsection (b) and the requirements of subsection (c) of this Code section, obtain creditable service under the retirement system for any period prior to March 5, 1976, during which the member was absent from employment because of the member's pregnancy.
(b) No creditable service shall be granted for any part of a period of absence from employment because of pregnancy when the member was on sick leave. The maximum amount of creditable service which may be obtained by a member for any one pregnancy shall be one and one-half months and the maximum amount of creditable service which may be obtained by a member for all pregnancies shall be six months.
(c) A member who desires to establish creditable service under this Code section must:
(1) Submit to the board satisfactory evidence of the period of absence from employment which qualifies for creditable service under this Code section; and
(2) Pay to the board ftft ftfft6l:tfti determined by the btmrtl w be suffieient w etwel'
the fttH aetuarial eest ef gt'ftftting the ereditable serviee elttimed: by the member employee and employer contributions for the period ()f creditable service claimed Q.y the member based on the salary ()f the member immediately prior !Q the absence because ()f pregnancy, ~ regular interest on such contributions compounded annu~ from the time ()f the absence because ()f pregnancy until the date ()f payment."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
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 Allen
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell
Y Carrell Y Carter Y Chambless
Y Chance Y Cheeka Y Childers
Clark,B Y Clark,H Y Clark,L

Y Coleman Y Colwell
Connell Couch 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
Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Hanner Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

Y Howren Y Hudson
Y Irwin Ylsakson
Y Jackson,J Jackson,W
Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson y Lee
Y Linder Y Long

446

JOURNAL OF THE HOUSE,

Y 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 Morton
Y Moultrie

Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Y Pinkston Y Poag Y Porter Y Poston Y Powell

Y Randall Y Ransom
Ray
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W

Y Smyre
Y Snow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat
Teper Y Thomas,C
Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend

Y Twiggs Y Vaughan
Waddle Y Walker,C Y Walker,L YWall Y Ware
Watson Y Watts
White Y Wilder Y Williams,B
E 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.

Due to mechanical malfunction, the vote of Representative McKinney of the 40th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Hanner of the 131st 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 1445.

By Representative Lane of the 27th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, so as to change certain 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 roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks
Brown Y Buck

Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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

Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene
Gresham Y Griffin
Groover
Hamilton
Hanner
Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes YHooks
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 Lee
Y Linder Y Long Y Lord
Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey McKinney,B Y McKinney,C Y Meadows YMilam

Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Poag Y Porter Y Poston Y Powell Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson

Y Royal Selman
Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W

TUESDAY, JANUARY 30, 1990

Y Smyre YSnow Y Stancil,F Y Stancii,S Y Stanley Y Steele Y Stephens Y Streat

Y Teper
Thomas,C
Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend

Y Twiggs Y Vaughan
Waddle Walker,C Walker,L Y Wall YWare Y Watson

447
Y Watts White Wilder
Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1313. By Representatives Smyre of the 92nd, Buck of the 95th, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Public Telecommunications Commission as a body corporate and politic which shall be deemed to be a public corporation and an instrumentality of the State of Georgia.

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

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

Y Childers Y Clark,B
Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J 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 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 YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell
Randall Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Y Smyre
Y Snow Y Stancii,F Y Stancil,S
Stanley Y Steele Y Stephens
Y Streat Y Teper YThomas,C YThomas,M YThompson
Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Waddle Walker,C Y Walker,L
Y Wall Ware Watson
Y Watts White Wilder
Y Williams,B E Williams,J Y Yates
Y Yeargin Murphy ,Spkr

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

448

JOURNAL OF THE HOUSE,

HB 1389.

By Representatives Jackson of the 9th and Barnett of the lOth:
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 provisions relating to the composition and appointment of members of the State Board of Registration of Used Car Dealers.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 1389 by striking on line 10 of page 2 the following:
"as",
and substituting in lieu thereof the following:

By striking on line 11 of page 2 the following: "who", and substituting in lieu thereof the following: "wlw and".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot
Y Bargeron Y Barnett,B
Barnett,M
Y Bates 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 Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Hanner

Y Harris Y Hasty
Y Heard Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson
Y Jackson,J 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 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 Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C YOliver,M
Y Orr Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter
Y Poston Y Powell
Randall Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson
Robinson y Royal
Y Selman Y Simpson Y Sinkfield

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

TUESDAY, JANUARY 30, 1990

449

On the passage of the Bill, as amended, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 1321.

By Representatives Oliver of the 53rd, Baker of the 51st, Simpson of the 70th, Robinson of the 96th, Hamilton of the 124th and others:
A bill to amend Code Section 24-9-5 of the Official Code of Georgia Annotated, relating to competency of persons without use of reason, so as to provide that in all cases involving deprivation, or in criminal cases involving child molestation, the child involved shall be competent to testify.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 24-9-5 of the Official Code of Georgia Annotated, relating to competency of persons without use of reason, so as to provide that in all cases involving deprivation, or in criminal cases involving child molestation, the child involved shall be competent to testify; 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 24-9-5 of the Official Code of Georgia Annotated, relating to competency of persons without use of reason, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Notwithstanding the provisions of subsection (a) of this Code section, in all
cases involving deprivation ~ defined Qy Code Section 15-11-2, Q! i!! criminal cases
involving child molestation, and in all other criminal cases in 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. All laws and parts 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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M

Y Bates Y Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell

Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch Y Crawford Y Crosby
Y Cummings,B
Y Cummings,M

Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs
Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 Y Holmes Y Hooks

450

JOURNAL OF THE HOUSE,

Y Howren Y Hudson Y Irwin Y Isskson Y Jackson,J
Jackson,W Y Jamieson
Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford
Y Lawrence
Y Lawson Y Lee Y Linder Y Long

Y Lord 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 Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr

Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell
Randall Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson

Y Royal
Y Selman
Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens
Y Streat Y Teper YThomas,C YThomas,M Y Thompaon

Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L YWall YWare Y Watson
Watts White Y Wilder Y Williarns,B
E Williams,J Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HB 663. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence.

The following Senate amendments were read:

Senate Amendment No. 1 Amend HB 663 by striking from line 18 of page 3 the following: "24", and inserting in lieu thereof the following: "20". By striking from line 31 of page 12 the following:
"~0.00",
and inserting in lieu thereof the following: "$75.00".

Senate Amendment No. 2
Amend HB 663 by adding on line 8 of page 13 between the word "entity" and the period the following:
"; provided, however, that iQ !!!!Y political subdivision iQ which ~ DUI alcohol Q!: drug
use risk reduction program ~ operated !>Y ~ private entity, whether for profit Q!' non-
profit, neither the local county board Qf health nor !!!!Y other governmental entity shall
provide such program".

TUESDAY, JANUARY 30, 1990

451

The following amendments to the Senate amendments were read and adopted:

Representatives Jackson of the 9th and Smyre of the 92nd move to amend Senate amendment 1 (the Taylor amendment, AM 16 0014) to HB 663 by striking from lines 3 through 8 the following:
"striking from line 18 of page 3 the following:

and inserting in lieu thereof the following:
'20'.
By".
By striking from line 11 of Senate amendment 1 the following:
"$75.00",
and inserting in lieu thereof the following:
"$60.00".
Representatives Jackson of the 9th and Smyre of the 92nd move to amend Senate amendment 2 (the Kidd amendment, AM 10 0009) to HB 663 by striking from lines 5 through 10 the following:
"; provided, however, that l!! ~ political subdivision l!! which 11 DUI alcohol ()! drug
use risk reduction program ~ operated Q):' 11 private entity, whether for profit ()! nonprofit, neither the local county board Qf health nor ~ other governmental entity shall provide such program",
and inserting in lieu thereof the following:
"; provided, however, that l!! ~ political subdivision l!! which 11 DUI alcohol ()! drug
use risk reduction program ~ operated Q):' 11 private entity, whether for profit ()! nonprofit, neither the local county board Qf health nor ll!!Y other governmental entity shall
fund ll!!Y new programs l!! that area. Programs currently l!! existence which are operated Q):' local county boards Qf health ()! ~ other governmental entities shall be authorized !Q continue operation. New programs !llllY be started l!! areas where no private DUI
alcohol ()! drug use risk reduction programs have been made available !Q said commu!!it_y".
Representative Jackson of the 9th moved that the House agree to the Senate amendments to HB 663, 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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B

Y Barnett,M Y Bates
Y Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd

Y Campbell Y Carrell
Y Carter
Y Chambless Y Chance Y Cheeka Y Childers Y Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford

Y Crosby Y Cummings,B
Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S
Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W 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

452
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
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

JOURNAL OF THE HOUSE,

Y Lawson
Y Lee Y Linder Y Long Y Lord
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 Morton Y Moultrie Y Mueller

Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell
Randall Ransom y Ray
Y Reaves Y Redding
Richardson

Y Ricketson
Robinson Y Royal Y Selman
Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre Y Snow Y Stsncil,F Y Stsncil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M

Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C
Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 158, nays 0. The motion prevailed.

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

HB 1426.

By Representatives Ricketson of the 82nd, Ware of the 77th, Dunn of the 73rd and Griffin of the 6th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, so as to allow a workers' compensation insurer's agent to confirm in writing that such insurer has refused to cover a risk.

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

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M
Y Bates 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 Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch 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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Y Hanner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks
Y Howren
Y Hudson Y Irwin Y Isakson

Y Jackson,J
Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
McKinney,C Y Meadows YMilam

Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson

TUESDAY, JANUARY 30, 1990

453

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 Streat

Y Teper Y Thomas,C
Thomas,M Y Thompson
Thurmond Y Titus
Tolbert Y Townsend

Y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall Y Ware Y Watson

Y Watts White Wilder
Y Williams,B E Williams,J Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1167.

By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the Secretary of State to prescribe the form of certain pauper's affidavits and certain municipal pauper's affidavits; to change certain provisions relating to certification of political party candidates.

The following Committee substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the Secretary of State to prescribe the form of certain pauper's affidavits and certain municipal pauper's affidavits; to change certain provisions relating to certification of political party candidates; to change certain provisions relating to signers of nomination petitions; to delete certain definitions describing tabulating machines; to change certain provisions regarding the appointment of a county officer or employee as chief deputy registrar in counties not served by a registrar's office during regular business hours; to change certain provisions relating to the creation of county boards of elections and county boards of elections and registration; to change certain provisions relating to the determination of residence; to change certain provisions relating to the date for holding special municipal primaries and elections; to change certain provisions relating to changes of residence of municipal electors; to provide for a criminal penalty regarding certain unlawful acts relating to campaign literature or material; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (f) of Code Section 21-2-132, relating to the filing of a pauper's affidavit, and inserting in its place a new subsection (f) to read as follows:
"(f) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 by any candidate who has filed a qualifying petition as provided for in subsection (g) of this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the 8tftte Eleclitm B6ard Secretary Qf State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: 'WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets

454

JOURNAL OF THE HOUSE,

nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be."
Section 2. Said title is further amended by striking subparagraph (a)(2)(A) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new subparagraph (a)(2)(A) to read as follows:
"(A) The submission of a pauper's affidavit by any candidate who has filed a qualifying petition as provided for in subsection (a.l) of this Code section, by which the candidate under oath affirms his poverty and his resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the State Elee-
timt Btntffi Secretary 2f State and shall include a financial statement which lists the
total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: 'WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be."
Section 3. Said title is further amended by striking Code Section 21-2-154, relating to certification of political party candidates, and inserting in its place a new Code Section 21-2-154, to read as follows:
"21-2-154. i!!l At or before 12:00 Noon on the third day after the deadline for qual-
ifying, 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 !!Y the appropriate amount 2f the qualifying fees paid !!Y such candidates ~ prescribed !!! paragraph ill Q! (2) 2f subsection (c) 2f Code Section 21-2-131. Such certification shall not be accepted if the political P!!!!Y has not registered with the Secretary 2f State ~ required !!! Article ;! 2f this chapter.
ill Any candidate whose name does not appear on the list of candidates posted by
a county executive committee or the state executive committee pursuant to subsection (d) of Code Section 21-2-153 shall not be certified under this Code section; provided, however, that the name of a candidate who has properly qualified whose name has been left off of the list of candidates through inadvertence or clerical error may be placed upon such list upon the filing of an affidavit by the county executive committee or the state executive committee, as appropriate, attesting to such inadvertence or error. 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. Stteh eertifiea:tian shttH be a:eeampa:nied by mte-ftttlf 6f ihe qtta:lifying fees paid by ffi:leh candidates 8S prescribed in G00e 8eetittn 21 2 131. Stteh eertifiea:tian shttH nat be aeeepted if ihe p6iitieftl party has nat registered with tbe Secretary 6f State 8S reqttired in Article 3 6f this ehapter;''
Section 4. Said title is further amended by striking subsection (b) of Code Section 21-2-170, relating to nomination of candidates by petition, and inserting in its place a new subsection (b) to read as follows:
"(b) A nomination petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote

TUESDAY, JANUARY 30, 1990

455

in the election at which such candidate seeks to be elected. A nomination petition of a candidate for any other office shall be signed by a number of voters equal to 5 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the last election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected."
Section 5. Said title is further amended by striking subsection (b) of Code Section 21-2-212, relating to the appointment of county deputy registrars, and inserting in its place a new subsection (b) to read as follows:
"(b) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the regisirM registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $200.00 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the ~ registrars to the Secretary of State's office, where such information shall be maintained on file."
Section 6. Said title is further amended by adding a new paragraph immediately following paragraph (5) of subsection (a) of Code Section 21-2-241, relating to rules for determining residence, to be designated paragraph (5.1), to read as follows:
"(5.1) If a person removes to another county within this state with the intention of remaining there an indefinite time and making such other county his place of residence, he shall be considered to have lost his residence in the former county, notwithstanding that he may intend to return at some indefinite future period;"
Section 7. Said title is further amended by striking paragraph (6) of Code Section 21-2-310, relating to definitions regarding vote machines and vote recorders, which reads as follows:
"(6) 'Tabulating machine' shall be limited to precinct ballot counters for the purpose of examination and approval by the Secretary of State.", and inserting in its place a new paragraph (6) to read as follows:
"(6) Reserved."
Section 8. Said title is further amended by striking Code Section 21-2-40, relating to the creation of county boards of elections and county boards of elections and registration, and inserting in its place a new Code Section 21-2-40 to read as follows:
"21-2-40. (a) The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections.
(b) The General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures."
Section 9. Said title is further amended by striking Code Section 21-3-52, relating to the date of special municipal primaries, which reads as follows:
"21-3-52. Whenever any political party shall hold a special primary to nominate candidates for offices to be filled in the ensuing special election, the same shall be held two weeks prior to the special election. Notice of such primary shall be publicly issued by

456

JOURNAL OF THE HOUSE,

the municipal or other appropriate party executive committee at least 15 days prior to such special primary.", and inserting in its place a new Code Section 21-3-52 to read as follows:
"21-3-52. Every special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to general elections; and the provisions of this chapter relating to general elections shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-3-53, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. Except as otherwise provided by this chapter, the superintendent shall publish the call of the special election. Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his name placed in a column under the name of his party. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot."

Section 10. Said title is further amended by striking Code Section 21-3-53, relating to the date of special municipal elections; which reads as follows:
"21-3-53. The date of a special election shall be no earlier than 30 days and no later than 60 days after the call of such special election by the governing authority of the municipality, such call to be published promptly in a newspaper of general circulation in the municipality.", and inserting in its place a new Code Section 21-3-53 to read as follows:
"21-3-53. A special primary or election may be held at the time of a general primary or election. If the times specified for the closing of the registration list for a special primary or election are the same as those for a general primary or election, the candidates and questions in such special primary or election may be included on the ballot for such general primary or election."

Section 11. Said title is further amended by striking subsection (b) of Code Section 21-3-90, relating to the filing of a pauper's affidavit in certain municipal elections, and inserting in its place a new subsection (b) to read as follows:
"(b) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by
the 8iftie Eleeiitm B6artl Secretary 2f State and shall include a financial statement
which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: 'WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The election superintendent shall place on the ballot the name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required."

Section 12. Said title is further amended by striking paragraph (6) of Code Section

21-3-210, relating to definitions regarding voting machines and vote recorders, which reads

as follows:

"(6) 'Tabulating machine' shall be limited to precinct ballot counters for the purpose

of examination and approval by the Secretary of State.",

and inserting in its place a new paragraph (6) to read as follows:

"(6) Reserved."



TUESDAY, JANUARY 30, 1990

457

Section 13. Said title is further amended by striking subsection (a) of Code Section 21-3-140, relating to procedures regarding change of residence, and inserting in its place a new subsection (a) to read as follows:
"(a) In the event any elector moves to a residence within the municipality which has a different address from the address contained on such person's registration card, it
shall be his duty to notify the board of registrars of such fact 30 days prior _1;Q the Q!i: mary Q! election !.!! which such elector ~ishes !Q vote by submitting the change of
address in writing; and the board shall place such person's name on the proper list of electors. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the municipality which is different from the address contained on the person's registration card. Any elector who moves to a residence within the municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact 30 days prior to an election or primary shall vote in the precinct of his former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms which shall be completed by each such elector to reflect his present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail."
Section 15. Said title is further amended by adding a new subsection describing a criminal penalty at the end of Code Section 21-3-322, relating to campaign literature, to be designated subsection (c), to read as follows:
"(c) Any person who violates any provision of this Code section shall be guilty of a misdemeanor."
Section 15. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representative Holmes of the 28th district moves to amend the Committee substitute to HB 1167 as follows:
Change "15" on Line 1, page 12 to "14".

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
Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B

Barnett,M Y Bates
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 Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford

Y Crosby Y Cummings,B Y Cummings,M
Y Davis,C
Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard

458

JOURNAL OF THE HOUSE,

Herbert Y Holcomb Y Holland
Y Holmes YHooks 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
McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller

Y Oliver,C Oliver,M
Y Orr
Orrock Y Padgett Y Pannell Y Parhad. Y Parrish Y Patten
Y Pettit Pinkston
YPoag Y Porter Y Poston Y Powell 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
Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M

Thompaon Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C
Y Walker,L YWall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams,B E 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.

HB 1250.

By Representatives Childers of the 15th, Pannell of the 122nd, Richardson of the 52nd and McDonald of the 12th:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to strike and reenact Article 1 thereof, relating to registered nurses, so as to provide for a short title; to provide for legislative purpose; to provide for definitions; to continue the Georgia Board of Nursing and provide for terms, appointments, confirmations, qualifications, and vacancies of members.

The following amendment was read and adopted:

The House Health and Ecology Committee moves to amend HB 1250 by adding after "substances" on line 10 of page 13 the following:
"or dangerous drugs". By striking "as an employee" from line 27 of page 15 and inserting "under orders or directions" in its place.
By striking "or" on line 28 of page 15.
By adding before the semicolon on line 29 of page 15 the following:
",or person licensed to practice nursing as a registered professional nurse".

The following amendment was read:

Representatives Childers of the 15th and Richardson of the 52nd move to amend HB 1250 by adding between lines 3 and 4 of page 15 the following:
"43-26-11.1. In any case where it is lawful for a duly licensed physician practicing medicine under the laws of this state to administer anesthesia such anesthesia may be administered by a certified registered nurse anesthetist, provided that such anesthesia is administered under the direction and responsibility of a duly licensed physician."

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

TUESDAY, JANUARY 30, 1990

459

N Aaron Y Abernathy Y Adams
Y Aiken N Alford Y Allen
N Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron N Barnett,B N Barnett,M N Bates N Beck Y Benefield Y Benn Y Birdsong
Bishop Y Bostick Y Branch N Breedlove Y Brooks
Brown
Y Buck N Buford N Byrd Y Campbell Y Carrell N Carter Y Chambless Y Chance Y Cheeks

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

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

Y McKinney,B Y McKinney,C N Meadows NMilam Y Mobley N Moody N Morton Y Moultrie N Mueller
Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish N Patten
Pettit Y Pinkston YPoag
Porter Poston N Powell
N Randall Y Ransom
Ray
Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson N Royal
Y Selman Y Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 104, nays 52. The amendment was adopted.

N Smith,L Y Smith,P
Smitb,T N Smith,W
Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas,C
Thomas,M Thompson N Thurmond
Titus N Tolbert
Y Townsend NTwiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall NWare Y Watson Y Watts Y White Y Wilder Y Williams,B E Williarns,J
Y Yates Y Yeargin
Murphy,Spkr

Representative Irwin of the 13th 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 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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch

Y Crawford Y Crosby Y Cumminga,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooka Y Howren Y Hudson Ylrwin Y Iaakaon Y Jackaon,J Y Jackaon,W Y Jamieson
Y Jenkins

Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey Y McKinney,B Y McKinney,C

460

JOURNAL OF THE HOUSE,

Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham

Y Parrish
Y Patten
Y Pettit Y Pinkston Y Poag
Y Porter Y Poston Y Powell Y Randall Y Ransom
Ray
Y Reaves Y Redding Y Richardson

Y Ricketson
Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre
YSnow Y Stancil,F Y Stancii,S

Y Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas,C
Y Thomas,M Thompson
Y Thurmond Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan

Y Waddle
Walker,C Y Walker,L YWall Y Ware Y Watson
Y Watts Y White Y Wilder YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Titus of the 143rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

HB 1563.

By Representatives Connell of the 87th, Richardson of the 52nd, Athon of the 57th, Buck of the 95th and Hooks of the 116th:
A bill to amend Code Section 43-26-34 of the Official Code of Georgia Annotated, relating to licensure for licensed practical nurses by endorsement, so as to change the conditions for the issuance of such licenses.

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

HB 1310.

By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-173 of the Official Code of Georgia Annotated, relating to licensing of hospices, so as to provide for separate classifications, licenses, and license requirements for different types of hospices.

The following substitute, offered by Representative Langford of the 7th, was read and adopted:
A BILL
To amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospice care, so as to provide for separate classifications, licenses, and license requirements for different types of hospices; to provide for additional licensure rules to be promulgated by the Department of Human Resources; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospice care, is amended by striking Code Section 31-7-173, relating to licensing of hospices, and inserting in its place a new Code Section 31-7-173 to read as follows:
"31-7-173. No person, private or public organization, political subdivision, or other governmental agency may operate a hospice as defined in Code Section 31-7-172 without

TUESDAY, JANUARY 30, 1990

461

first obtaining license from the department. The department !!!llY establish separate classifications, licenses, and license requirements for outpatient hospices, institution based inpatient hospices, and freestanding inpatient hospices. A license issued under this article is not assignable or transferable and must be separate from any existing license and is subject to suspension or revocation at any time for failure to comply with the provisions of this article or with the appropriate regulations promulgated by the department."
Section 2. Said article is further amended by adding a new paragraph providing for additional license requirements immediately following paragraph (4) of subsection (b) of Code Section 31-7-175, relating to rule-making authority of the Department of Human Resources, to be designated paragraph (4.1) to read as follows:
"(4.1) A requirement that no freestanding inpatient hospice facility shall be licensed unless such facility is located in an area with existing access to county or municipal water and sewer systems;"
Section 3. All laws and parts of Jaws 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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell
Y Carter Y Chambless
YChance Y Cheeks

Y Childers Y Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch Y Crawford Y Crosby Y Cummings,B
Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
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
Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston Poag Y Porter Y Poston Y Powell y Randall
Y Ransom Ray
Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinaon 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
Stephens Y Streat Y Teper Y Thomas,C
Thomas,M Thompson Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan YWaddle
Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder Y Williams,B E Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

462

JOURNAL OF THE HOUSE,

SB 433. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to motor vehicie insurance premium reduction upon completion of certain defensive driving courses, so as to provide for additional approved driver improvement clinics which teach defensive driving courses.

The following Committee substitute was read:

A BILL

To amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to reductions in premiums for motor vehicle insurance policies, so as to change the provisions relating to eligibility for reductions in premiums for motor vehicle insurance policies; to provide for additional approved driver improvement clinics, courses, and programs which teach defensive driving courses; to provide for supervisory powers of the Department of Public Safety over certain driver improvement programs; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 33-34-16 of the Official Code of Georgia Annotated, relating

to reductions in premiums for motor vehicle insurance policies, is amended by striking

subsections (b), (c), and (d) in their entirety and inserting new subsections (b), (c), and

(d) to read as follows:

"(b) Reductions in premiums shall be available if all such drivers:

(1) Have committed no traffic offenses for the prior three years;
m (2) C6mplete a e6tH'Se m defensive drivffig 6f H6t less than lwttrs frem a driver

impr6<ement eliffie appr6ed by 8Hd tmtler the jurisdieti6n 6f the Department 6f Ptffl..

lie Safety; 8Hd

(2) Have had no claims based on fault against an insurer for the prior three years;

and

"(a) IIa e had H6 elttims based 6ft ffittlt llg8inst 8ft insurer fur the tffier three yettrS; (3) Complete one Qf the following ~ Qf driving courses:

(A) A course !!!_ defensive driving Qf not less than six hours from I! driver
improvement clinic approved !!Y and under the jurisdiction Qf the Department Qf

Public Safety;
(B) An emergency vehicles operations course 1!.1 the Georgia Public Safety Train-

!!!g Center; Q!

(C) A course !!!_ defensive driving Qf not less than six hours from I! driver
improvement program which ~ administered !!Y ~ nonprofit organization such !!. the
American Association Qf Retired People, the American Automobile Association, the

National Safety Council, Q! ~ comparable organization and which meets the stan-
dards promulgated !!Y the Department Qf Public Safety pursuant !Q subsection (f)

of this Code section.

(c)- Upon completion of the defensie one Qf the driving e6tH'Se courses specified in paragraph 00 (3) 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

impro grams

vement adminis

tcelriendics!!1Yenmoenrpgreonfciyt

vehicles operations courses, driver improvement organizations, and commercial Q! noncommercial

~
driv-

!!!g schools approved !!Y the Department Qf Public Safety that defensive driving courses

shall be available and accessible wherever practicable as determined by the department

to licensed drivers throughout the state."

Section 2. Said Code section is further amended by adding at the end thereof a new subsection (f) to read as follows:

TUESDAY, JANUARY 30, 1990

463

"(f) The power of supervision granted to the Department of Public Safety over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Public Safety may adopt rules and regulations necessary to carry out the provisions of this subsection. The department shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state."
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 adopted:

Representatives Hamilton of the 124th, Dunn of the 73rd and Kingston of the 125th move t.o amend the Committee substitute to SB 433 as follows:
Add on Line 9 on page 2 ",commercial or noncommercial driving schools".

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
Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Bamett,B Y Barnett,M Y Bates Y Beck
Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Buck Y Buford YByrd
Y Campbell Y Carrell Y Carter YChambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch 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 Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene Gresham
Y Griffin
Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
YHooks
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 Kingaton
Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald
McKelvey

McKinney,B
Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinkston Y Poag Y Porter Y Poston Y Powell y Randall
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
Y Smith,T YSmith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M
Thompson
Thurmond Y Titua
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 YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

464

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Smith of the 78th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 433.

HB 1172.

By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to the elections, so as to provide for the form of registration cards in any county in which all municipalities located in such county use the county registration system.

The following amendment was read and adopted:
Representatives Moultrie of the 93rd, Holmes of the 28th and Greene of the 130th move to amend HB 1172 as follows:
By adding, on line 15, page 10, after the word "ballot."':
"At least three persons who are registrars, deputy registrars or poll workers must be present before commencing."
Also by adding on line 26, page 16, at the end of the section: "At least three persons who are registrars, deputy registrars or poll workers must be present before commencing."

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

Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford Y Allen
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M
Y Bates 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 Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell
Connell Couch Y Crawlord 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
Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooks 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 Long
Y Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald McKelvey

Y McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten
Y Pettit Pinkston
YPoag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRsy

TUESDAY, JANUARY 30, 1990

465

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

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley

Y Steele Y Stephens
Y Streat Y Teper Y Thomas,C Y Thomas,M
Thompson Thurmond Y Titus

Y Tolbert
Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall
Ware

Y Watson
Y Watts Y White Y Wilder YWilliams,B E Williams,.!
Y Yates Y Yeargin
Murphy,Spkr

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

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

HR 629. By Representatives Coleman of the 118th, Godbee of the llOth and Murphy of the 18th:
A resolution commending Mrs. Jan Griffin and inviting her to appear before the House of Representatives.

The following Committee substitute was read and adopted:

A RESOLUTION
Commending Mrs. Jan Griffin and inviting her to appear before the House of Representatives; and for other purposes.
WHEREAS, on April 22, 1989, Mrs. Jan Griffin of Millen, Georgia, was selected the 1989 National Young Mother Representative of American Mothers, Inc.; and
WHEREAS, Mrs. Griffin, Georgia's 1989 Young Mother Representative, is the first young mother representative from Georgia; and
WHEREAS, the Young Mother Representative is chosen by members of American Mothers, Inc., to further the goals of strengthening the moral and spiritual foundations of the family and home; and
WHEREAS, Mrs. Griffin truly exemplifies the Christian ideals of American Mothers, Inc., in her dedication to her family, church, and community by serving as public relations director and coordinator of the children's choir for her church, as a member of the community beautification committee, and as a member of the steering committee of the Jenkins County Adopt-A-School program while mothering two beautiful daughters and working part-time in her husband's dental practice.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do commend Mrs. Jan Griffin and do invite her to appear before this body at a date and time to be fixed by the Speaker to accept the congratulations of its members for being named Georgia Young Mother Representative and National Young Mother Representative for 1989.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to prepare an appropriate copy of this resolution to Mrs. Jan Griffin for presentation.

The following Resolution of the House was read and adopted:

466

JOURNAL OF THE HOUSE,

HR 728. By Representative Breedlove of the 60th: A resolution commending Earley Lee Biffle.

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

HR 698. By Representatives Dixon of the 128th, Floyd of the 154th, Mueller of the 126th, Pannell of the 122nd, Hamilton of the 124th and others:
A resolution commending the 1st Ranger Battalion of Hunter Army Airfield, Georgia, and inviting Major General H. G. Taylor to appear before the House of Representatives.

HR 699. By Representatives Lane of the 11lth, Godbee of the 110th, Coleman of the 118th, Murphy of the 18th, Fennel of the 155th and others:
A resolution commending Erk Russell and inviting him to appear before the House of Representatives.

HR 700. By Representatives Lane of the 111th, Godbee of the 110th, Coleman of the 118th, Murphy of the 18th, Fennel of the 155th and others:
A resolution commending the Eagles football team of Georgia Southern College and inviting them to appear before the House of Representatives.

HR 701. By Representative Ricketson of the 82nd:
A resolution commending the Lincoln County High School Red Devils football team and inviting the team to appear before the House of Representatives.

HR 705. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A resolution commending the Jones County High School Greyhounds baseball team and inviting the team to appear before the House of Representatives.

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

HR 720. By Representatives Milam of the 81st, Alford of the 57th, Dobbs of the 74th, Porter of the 119th and Ware of the 77th:
A resolution urging the federal Food and Drug Administration and the Federal Environmental Protection Agency to adopt a single standard for levels of toxic chemicals in fish tissue.

HR 721. By Representatives Patten of the 149th, Carter of the 146th, Barfoot of the 120th and Crawford of the 5th:
A resolution urging the Georgia Congressional Delegation to support the enactment of a nation-wide prohibition against transporting solid waste from one state to another state for disposal or deposit and against disposing of or depositing solid waste in any state other than the state in which the waste was generated unless the state to which such waste is sent for disposal or deposit gives its consent thereto.

TUESDAY, JANUARY 30, 1990

467

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

HR 722. By Representatives Dunn of the 73rd, Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Hokomb of the 72nd and others:
A resolution creating the House Ad Valorem Property Taxation Study Committee.

HR 723. By Representatives Chance of the 129th, Coleman of the 118th, Cummings of the 17th, Milam of the 81st, Aaron of the 56th and others:
A resolution urging resistance to all efforts to reduce or otherwise restrict the use of certain bonds to finance essential governmental projects.

The following Resolution of the House was read and referred to the Committee on Defense and Veterans Affairs:

HR 724. By Representatives Thomas of the 31st, Abernathy of the 39th, Orrock of the 30th, McKinney of the 40th, Cummings of the 134th and others:
A resolution urging the United States Congress to reduce appropriations for military spending and redirect funds to domestic programs.

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

HR 725. By Representatives Linder of the 44th, Davis of the 45th, Alford of the 57th, Mangum of the 57th, Clark of the 55th and others:
A resolution urging the DeKalb County Board of Education to permit parents and students to choose their schools of attendance.

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.

468

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, January 31, 1990

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 Chuck Harris, Pastor, St. Stephen's Church, Columbus, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1611. By Representatives Stephens of the 68th, Clark of the 13th, Irwin of the 13th and Thurmond of the 67th: A bill to amend an Act providing for a new charter for the City of Athens, so as to authorize retention of staggered two-year terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1612. By Representatives Godbee of the llOth, Coleman of the 118th and Royal of the 144th: A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to authorize the state revenue commissioner to enter into certain cooperative agreements with other states with respect to the administration of such tax.
Referred to the Committee on Ways & Means.

WEDNESDAY, JANUARY 31, 1990

469

HB 1613. By Representatives Dunn of the 73rd, Ware of the 77th and Griffin of the 6th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions from income taxes, so as to provide a tax credit to employers for amounts paid to provide accident and sickness insurance to certain employees.
Referred to the Committee on Ways & Means.

HB 1614. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.
Referred to the Committee on Ways & Means.

HB 1615. By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Code Section 15-11-56 of the Official Code of Georgia Annotated, relating to expenses charged to the county and payment by parents on court order in juvenile proceedings, so as to authorize the juvenile court to inquire into the ability of a child's parents, guardians, and legal custodians to pay certain expenses when that child is receiving services or committed to the Department of Human Resources.
Referred to the Committee on Judiciary.

HB 1616. By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to the place of detention of juvenile offenders, so as to change the facilities in which certain unruly children may be detained and the conditions regarding such detention.
Referred to the Committee on Judiciary.

HB 1617. By Representatives Richardson of the 52nd and Lawson of the 9th:
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 allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees.
Referred to the Committee on Judiciary.

HB 1618. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to estimated tax liability of certain dealers with respect to the state sales and use tax, so as to change certain provisions regarding the calculation of estimated tax liability.
Referred to the Committee on Ways & Means.

470

JOURNAL OF THE HOUSE,

HB 1619. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-6-4 of the Official Code of Georgia Annotated, relating to the payment of real estate transfer tax, so as to to change certain provisions regarding the confidentiality of certain information contained on certain disclosure forms.
Referred to the Committee on Ways & Means.

HB 1620. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-4-1 of the Official Code of Georgia Annotated, relating to procedures for sales under tax levies and executions, so as to change certain provisions regarding sales under tax executions; to change certain provisions regarding advertisement of tax levies and written notice of tax executions.
Referred to the Committee on Ways & Means.

HB 1621. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to authorized forms of payment of certain taxes and license fees, so as to change certain provisions relating to payment by check or money order.
Referred to the Committee on Ways & Means.

HB 1622. By Representatives Jackson of the 9th, Barnett of the lOth and Harris of the 84th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for definitions; to authorize the commissioner of revenue to enter into certain cooperative reciprocal agreements with other states, the District of Columbia, and states or provinces of foreign governments pertaining to registration and licensing of commercial vehicles.
Referred to the Committee on Motor Vehicles.

HB 1623. By Representatives Robinson of the 96th, Cummings of the 17th, Dover of the 11th, Thurmond of the 67th and Harris of the 84th:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law.
Referred to the Committee on Ways & Means.

HB 1624. By Representatives Oliver of the 53rd, Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
A bill to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the reporting of abuse or exploitation of residents in long-term care facilities, so as to change the provisions relating to immunity from liability.
Referred to the Committee on Judiciary.

WEDNESDAY, JANUARY 31, 1990

471

HB 1625. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Catoosa County school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for education purposes levied for and in behalf of such school system.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1634. By Representatives Williams of the 48th, Linder of the 44th, Tolbert of the 58th, Lawrence of the 49th, Richardson of the 52nd and others:
A bill to provide for the determination of the millage rate by the governing authorities of DeKalb County and the DeKalb County School District; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of DeKalb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1635. By Representative Parrish of the 109th:
A bill to amend Code Section 47-10-100 of the Official Code of Georgia Annotated, relating to retirement age and benefits under the "Trial Judges and Solicitors Retirement Fund Act," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.
Referred to the Committee on Retirement.

HB 1636. By Representative Royal of the 144th:
A bill to authorize the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Mitchell County.
Referred to the Committee on State Planning & Community Affairs- Local.

HB 1637. By Representative Royal of the 144th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relating to superior courts, so as to change the provisions relating to court administrators and the compensation thereof.
Referred to the Committee on Special Judiciary.

HB 1638. By Representative Heard of the 43rd:
A bill to create and incorporate the Town of Brooks in Fayette County and grant a new charter to that municipality under such corporate name and style; to prescribe and define the corporate limits thereof.
Referred to the Committee on State Planning & Community Affairs - Local.

472

JOURNAL OF THE HOUSE,

HB 1639. By Representative Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the name of the Joint Municipal Employees Benefit System to the Georgia Municipal Employees Benefit System.
Referred to the Committee on Retirement.

HB 1640. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-833 of the Official Code of Georgia Annotated, relating to additional payments to certain supervisors of student teachers, so as to change the provisions relative to definitions; to provide for teacher support specialists; to change the provisions relative to the amount of additional payments to supervisors of student teachers.
Referred to the Committee on Education.

HB 1641. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-151 of the Official Code of Georgia Annotated, relating to general and career education programs, so as to change the provisions relating to assessments for first grade readiness; to provide for assessments and grade placement decisions; to provide for guidelines, documentation, and reports.
Referred to the Committee on Education.

HB 1642. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-150 of the Official Code of Georgia Annotated, relating to eligibility for enrollment in the public schools, so as to authorize local units of administration to provide alternative programs beyond the regular daytime educational program.
Referred to the Committee on Education.

HB 1643. By Representative Groover of the 99th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to remove the prohibition against individual policies of accident and sickness insurance containing provisions relative to insurance with other insurers.
Referred to the Committee on Insurance.

HB 1644. By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale and storage of liquified petroleum gas, so as to provide for a one-time fee for licenses or permits.
Referred to the Committee on Industry.

HB 1645. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change certain provisions relating to terms of office of members of the board of education of the City of Bremen.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, JANUARY 31, 1990

473

HB 1646. By Representative Royal of the 144th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide that, in the returning, appraisal, and assessment of tangible property, standing timber shall be included as a part of the real estate and shall not constitute a separate stratum.
Referred to the Committee on Ways & Means.

HR 726. By Representatives Godbee of the llOth, Lane of the lllth, Royal of the 144th and Smith of the 152nd:
A resolution proposing an amendment to the Constitution so as to provide for the taxation of agricultural land, horticultural land, forest land, and environmentally sensitive land on the basis of the conservation use value of such property and to exempt timber from ad valorem property taxation and provide for the levy of a timber yield tax in lieu thereof.
Referred to the Committee on Ways & Means.

HR 729. By Representatives Bates of the 14lst and Long of the 142nd:
A resolution authorizing the conveyance of certain state owned real property located in Decatur County, Georgia, to Decatur County and the acceptance of certain real property owned by Decatur County located in Decatur County, Georgia, in consideration therefor.
Referred to the Committee on State Institutions & Property.

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

HB 1655. By Representatives Isakson of the 21st, Jackson of the 9th, Clark of the 20th and Walker of the 115th:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests for determining the presence of alcohol or drugs, so as to provide that a person who has marijuana or any controlled substance in such person's blood or urine while operating a motor vehicle shall constitute a direct and immediate threat to the welfare and safety of the general public.
Referred to the Committee on Judiciary.

HB 1657. By Representatives Fennel of the 155th, Smith of the 156th, Moody of the 153rd, Floyd of the 154th, Johnson of the 123rd and others:
A bill to amend Code Section 27-2-8 of the Official Code of Georgia Annotated, relating to commercial fishing boat licenses, so as to provide for the issuance of commercial fishing boat licenses for trawlers during the first three months of each year.
Referred to the Committee on Motor Vehicles.

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JOURNAL OF THE HOUSE,

HB 1658. By Representatives Thurmond of the 67th, Holmes of the 28th, Walker of the 85th, Bishop of the 94th and Stephens of the 68th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to repeal certain exemptions for certain food items with respect to the levy or imposition of certain sales and use taxation; to repeal certain provisions providing that certain exemptions from the state sales and use tax shall not be applicable to the joint county and municipal sales and use tax or to the special county 1 percent sales and use tax and certain other local sales and use taxes.
Referred to the Committee on Ways & Means.

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

HB 1575 HB 1576 HB 1577 HB 1578 HB 1579 HB 1580 HB 1581 HB 1582 HB 1583 HB 1584 HB 1585 HB 1586 HB 1587 HB 1588 HB 1589 HB 1590 HB 1591 HB 1592 HB 1593 HB 1594 HB 1598 HB 1599 HB 1600 HB 1601 HB 1602 HB 1603 HB 1604 HB 1605 HB 1606 HB 1607 HB 1608 HB 1609 HB 1610 HB 1626 HB 1627 HB 1628 HB 1629

HB 1630 HB 1631 HB 1632 HB 1633 HR 708 HR 709 HR 710 HR 711 HR 712 HR 713 HR 714 HR 716 HR 717 HR 718 HR 719 HR 727 SB 79 SB 80 SB 121 SB 162 SB 312 SB 344 SB 412 SB 420 SB 435 SB 440 SB 441 SB 443 SB 444 SB 445 SB 448 SB 455 SB 478 SB 527 SR 297 SR 314 SR 331

Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

WEDNESDAY, JANUARY 31, 1990

475

Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1419 Do Pass HB 1442 Do Pass HB 1443 Do Pass
Respectfully submitted, /s/ Holmes of the 28th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

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

HB 560 Do Pass, by Substitute HB 1226 Do Pass HB 1377 Do Pass

HB 1434 Do Pass HR 703 Do Pass SB 208 Do Pass, as Amended

Respectfully submitted, /s/ Childers of the 15th
Chairman

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1168 Do Pass, by Substitute HB 1466 Do Pass, by Substitute HB 1504 Do Pass
Respectfully submitted, /s/ Ware of the 77th
Chairman

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

Mr. Speaker:

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

HB 1316 Do Pass, by Substitute HB 256 Do Pass, by Substitute HB 1352 Do Pass HB 1459 Do Pass

HB 1512 Do Pass HB 1523 Do Pass HB 1591 Do Pass

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JOURNAL OF THE HOUSE,

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

The following Minority Report was filed:

Groover of the 99th files a minority report to the favorable report to HB 1316 in that the bill should be amended to eliminate the requirement of other than professionals to make the reports.
Is/ Denmark Groover, Jr.
Denmark Groover - 99th
Is/ Tom Campbell
Tom Campbell - 23rd

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

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

HR 588 Do Pass SB 20 Do Pass

HB 1083 Do Pass HB 1223 Do Pass, by Substitute

Respectfully submitted,
Is/ Twiggs of the 4th
Chairman

Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

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

HB 230 Do Pass, by Substitute HB 527 Do Pass HB 769 Do Pass, by Substitute HB 1639 Do Pass

HB 1088 Do Pass, by Substitute SB 121 Do Pass SB 162 Do Pass SB 455 Do Pass

Respectfully submitted,
Is/ Cummings of the 17th
Chairman

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

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

WEDNESDAY, JANUARY 31, 1990

477

HB 1249 Do Pass, by Substitute HR 583 Do Pass HR 684 Do Pass

HR 697 Do Pass SR 23 Do Pass, as Amended
Respectfully submitted,
Is/ Colwell of the 4th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1559 Do Pass
Respectfully submitted,
Is/ Lane of the 27th
Chairman

Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration tlie following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1225 Do Pass, by Substitute HB 1231 Do Pass, by Substitute
Respectfully submitted,
Is/ Buck of the 95th
Chairman

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

HB 1559. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the deannexation of certain property from the corporate limits of said city.

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

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

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JOURNAL OF THE HOUSE,

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

SB 553. By Senator Deal of the 49th:
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 obstetrical medical malpractice claims involving obstetrics, anesthesiology, pediatrics, and neonatalogy; to provide for legislative findings; to provide for definitions.

SB 614. By Senator Foster of the 50th:
A bill to amend an Act creating a new charter for the City of Dahlonega 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.

HB 1302.

By Representatives Isakson of the 21st, Clark 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 provisions relating to the election of mayor and councilmen.

HB 1371.

By Representatives Jamieson of the 11th and Dover of the 11th:
A bill to amend an Act dividing Stephens County into school districts and providing for the election of members of the Board of Education of Stephens County, so as to change the provisions relating to the composition of Education District 2 in order to conform with an order of the Probate Court of Stephens County.

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

SB 553. By Senator Deal of the 49th:
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 obstetrical medical malpractice claims involving obstetrics, anesthesiology, pediatrics, and neonatalogy; to provide for legislative findings; to provide for definitions.
Referred to the Committee on Judiciary.

SB 614. By Senator Foster of the 50th:
A bill to amend an Act creating a new charter for the City of Dahlonega 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:
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Smith of the 78th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

WEDNESDAY, JANUARY 31, 1990

479

SB 443. By Senators Kidd of the 25th, Harris of the 27th and Ray of the 19th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to court, and Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain cross-references; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to strike, revise, and reenact Chapter 8 thereof, relating to adoption; to provide for definitions; to provide for jurisdiction and findings.

On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy
Y Adams Aiken Alford
Y Allen Y Athon
Atkins N Bailey
Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B N Barnett,M Y Bates Y Beck N Benefield
Y Benn Y Birdsong
Bishop
Bostick Y Branch Y Breedlove
Brooks
Brown N Buck Y Buford Y Byrd N Campbell
Carrell Carter Chambless Y Chance
Y Cheeks

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

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks
N Howren Y Hudson Y Irwin N Isakson N Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnaon N Jones
Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence N Lawson N Lee
Linder N Long
Lord N Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey

On the motion, the ayes were 97, nays 30. The motion prevailed.

McKinney,B
McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller N Oliver,C
Oliver,M Y Orr
Orrock Y Padgett
Y Pannell Y Parham Y Parrish N Patten
Pettit N Pinkston N Poag
Porter N Poston
Y Powell y Randall
Y Ransom YRay
Y Reaves Y Redding
Richardson N Ricketson N Robinson y Royal
Selman Simpson Y Sinkfield

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

Representative Aiken of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Edwards of the 112th moved that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on Health and Ecology:

HB 200. By Representative Edwards of the 112th:
A bill to amend Code Section 43-11-71 of the Official Code of Georgia Annotated, relating to qualifications of applicants for licensure as dental hygienists, so as to change the licensing requirements.

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 Y Aiken Y Alford
Allen Y Athon
Atkins Y Bailey Y Baker Y Balkcom
N Bannister Y Barfoot
Y Bargeron Y Barnett,B N Barnett,M Y Bates Y Beck N Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman YColwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Y Dixon,H
N Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner

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

On the motion, the ayes were 152, nays 7. The motion prevailed.

McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie N Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett N Pannell YParbarn Y Parrish Y Patten Y Pettit Y Pinkston Y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson y Royal
Selman Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W Y Smyre YSnow Y Stancii,F Y Stancii,S Y Stanley
Steele Y Stephens
Streat Y Teper YThomas,C YThomas,M
Thompson YThurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker,C
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B E Williarns,J
Y Yates Y Yeargin
Murphy ,Spkr

Representative Steele of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Linder of the 44th arose to a point of personal privilege and addressed the House.

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

HB 1433.

By Representative Childers of the 15th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the provisions relating to the termination of the State Board of Hearing Aid Dealers and Dispensers 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 Allen Y Athon
Atkins Y Bailey Y Baker

Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B

Y Barnett,M Y Bates
Y Beck Y Benefield Y Benn

Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove

WEDNESDAY, JANUARY 31, 1990

481

Y Brooks Y Brown Y Buck
Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner
Y Harris Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks
Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson

Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D 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 Y McKinney,B
McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C

Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston
Poag Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketaon Y Robinaon y Royal
Y Selman Y Simpaon Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre

NSnow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompaon YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C
Walker,L YWall
Ware Y Wataon
Y Watta Y White Y Wilder YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Snow of the 1st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1171. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions.

The following Committee substitute was read:

A BILL
To amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions; to provide which employees shall be subject to such testing; to provide for exclusion of certain employees; to provide for powers, duties, and authority of certain state agency or department heads with respect to the foregoing; to provide for powers, duties, and authority of the State Personnel Board and the commissioner of personnel administration with respect to the foregoing; to provide for the effect of positive test results; to provide for the effect of refusal to provide certain body fluids; 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 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by adding a new article at the end thereof describing random drug testing, to be designated Article 5, to read as follows:

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JOURNAL OF THE HOUSE,

"ARTICLE 5
45-20-90. As used in this article, the term: (1) 'Employee' means any person receiving a salary from any state agency, depart-
ment, commission, bureau, board, or authority or division, subdivision, or any other instrumentality thereof and shall include all such persons whether or not such persons are covered by the rules and regulations of the board. 'Employee' shall include employees of the Board of Regents of the University System of Georgia and shall also include any person working under a personnel contract to provide personnel services, including but not limited to medical, security, or transportation services to a state or other public agency.
(2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources.
(3) 'High-risk work' means those duties where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public.
(4) 'Illegal drug' means marijuana, any controlled substance included in Schedules I, II, III, IV, or V of Code Sections 16-13-25 through 16-13-29, as amended, or any other controlled substance or dangerous drug that state employees are prohibited from using. The term 'illegal drug' shall not include any drug when used pursuant to a valid medical prescription or when used as otherwise authorized by state or federal law. 45-20-91. (a) Employees working in high-risk jobs shall be subject to random testing for evidence of use of illegal drugs. (b) The head of each state agency, department, commission, board, bureau, or authority or division, subdivision, or any other instrumentality thereof shall determine those positions and groups of positions whose occupants regularly perform high-risk work where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public. This Code section shall not be construed to include employees who do not regularly perform high-risk work regardless of the fact that other employees in the same classification do perform such high-risk work. With regard to positions covered under the classified service of the State Merit System of Personnel Administration, the department head shall consult with the commissioner before making such determination and shall notify the commissioner of any such determination. 45-20-92. (a) For employees in the classified service of the State Merit System of Personnel Administration, the board shall adopt rules to establish:
(1) The portion of employees in the high-risk work group that may be selected at random for testing at each testing period;
(2) Methods for assuring that employees are selected for testing on a random basis; (3) Methods for assuring that privacy instrusions are minimized during collection of body fluid specimens; (4) Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; and (5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information
and shall adopt such other rules as it may deem appropriate to carry out the purposes of this article. The board may, in its discretion, delegate to the commissioner such authority as appropriate to carry out the purposes of this article.
(b) For all other employees, the department or agency head shall adopt policies to establish:
(1) The portion of employees in the high-risk work group that may be selected at random for testing at each testing period;
(2) Methods for assuring that employees are selected for testing on a random basis;

WEDNESDAY, JANUARY 31, 1990

483

(3) Methods for assuring that privacy instrusions are minimized during collection of body fluid specimens;
(4) Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; and
(5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information and shall adopt such other policies as such department or agency head may deem appropriate to carry out the purposes of this article. (c) The commissioner shall establish and maintain a list of those laboratories qualified to conduct established drug tests and shall determine which illegal drugs will be the subject of testing; provided, however, that no laboratory shall be so certified unless that laboratory, on a daily basis, adds to its urine testing program a minimum of 10 percent blind test specimens. 45-20-93. (a) Any employee conducting high-risk work found to have used an illegal drug may be subject to such adverse personnel action as required or authorized by state law, ordinance, rule or regulation of the board, or other appropriate rules. (b) Any employee who refuses to provide body fluid, when requested to do so in accordance with the random drug testing conducted pursuant to this article and administrative rules and regulations promulgated under this article, shall be subject to the same adverse personnel action as an employee who tests positive for use of an illegal drug."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Chambless of the 133rd and Oliver of the 121st move to amend the Committee substitute to HB 1171 as follows:
Inserting on page 4 between lines 6 and 7 and between lines 31 and 32 the following:
"(6) The identification of those persons entitled to the information."

Representative Orr of the 9th moves to amend the Committee substitute to HB 1171 as follows:
By deleting from line 21, page 2, the words "have the potential for" and substituting in lieu thereof the words "present a".

Representative Snow of the 1st moves to amend the Committee substitute to HB 1171 as follows:
Page 5 line 4 - after the word "provided,":
"that any laboratory that is so certified to conduct established drug tests, that the state agency administering a particular testing program select a laboratory by qualified bid."

Representative Groover of the 99th moves to amend the Committee substitute to HB 1171 as follows:
By adding after "determination" on line 20 page 3:
"the determination of the positions and groups of positions whose duties are designated as "high-risk" shall be determined by regulation adopted pursuant to the provisions of the Administrative Procedure Act."

484

JOURNAL OF THE HOUSE,

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove N Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch 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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
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 N Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten
Pettit Y Pinkston
Y Poag Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves Y Redding
Y Richardson Y Ricketson
Y Robinson y Royal Y Selman Y Simpson Y Sinkfield

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

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Parham of the 105th 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 Howren of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and adopted:

HR 730. By Representatives Steele of the 97th, Buck of the 95th, Moultrie of the 93rd, Watts of the 41st, Athon of the 57th and others:
A resolution commending Mr. Glenn Davis.

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

WEDNESDAY, JANUARY 31, 1990

485

HB 1449.

By Representative Robinson of the 96th:
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 revise the laws relating to trade secrets; to provide a short title.

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

HR 575. By Representatives Redding of the 50th, McKinney of the 35th, McKelvey of the 15th, Dunn of the 73rd and Tolbert of the 58th:
A resolution urging the Board of Human Resources to adopt a plan to make operators of licensed day-care facilities aware of the dangers posed by radon gas and to require that all licensed day-care centers test their facilities for the presence of radon gas.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HR 575 by adding "licensed" at the end of line 24 of page 1.

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 98, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 578. By Representative Thompson of the 20th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1235.

By Representatives Cheeks of the 89th and Kilgore of the 42nd:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.

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

By unanimous consent, HB 1235 was ordered immediately transmitted to the Senate.

486

JOURNAL OF THE HOUSE,

HB 1163. By Representatives Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 4~-4-32 of the Official Code of Georgia Annotated, relating to sanitation and health requirements of detention facilities generally, meals, inspections, and medical treatment, so as to change the provisions relating to sanitation and health requirements and standards; to repeal conflicting laws.

The following amendment was read and withdrawn:

The Committee on Health and Ecology moves to amend HB 1163 by striking line 5 of page 1 and by striking "and standards" from line 6 of page 1 and inserting in their place the following:
"authority of the Department of Human Resources regarding standards for the operation of detention facilities; to provide for an effective date".
By striking lines 20 through 27 of page 1 and lines 1 and 2 of page 2 and inserting in their place the following:
"'(a) All aspects of food preparation and food service shall conform to the applicable standards of the Department of Human Resources."'
By adding between lines 2 and 3 of page 2 the following:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By striking "Section 2" from line 3 of page 2 and inserting "Section 3" in its place.

The following substitute, offered by Representative Colwell of the 4th, was read and adopted:

A BILL
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change certain provisions relating to construction and regulation of penal institutions; to provide that certain provisions relating to acquisition of architectural and engineering services may be waived in connection with certain projects; to change certain provisions relating to compliance with sanitation and health requirements of the Department of Human Resources; 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 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking Code Section 42-2-14, relating to emergency measures in response to jail and prison overcrowding, and inserting in its place a new Code section to read as follows:
"42-2-14. The Governor, upon certification by the commissioner of corrections and approval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity of the prison system for any period of 90 consecutive days, beginning at any time after December 31, 1988, may declare a state of emergency with regard to jail and prison overcrowding. Yptffl Following the declaration of such emergency, the department may establish additional facilities for use by the department, such facilities to be either of a permanent type of construction or of a temporary or movable type as the department may find most advantageous to the particular needs, to the end that the inmates under its supervision may be so distributed throughout the state as to facilitate individualization of treatment

WEDNESDAY, JANUARY 31, 1990

487

designed to prepare them for lawful living in the community where they are most likely to reside after their release from a correctional facility. For this purpose, the department may purchase or lease sites and suitable lands and erect necessary buildings thereon or purchase or lease existing facilities, all within the limits of appropriations as approved by the General Assembly. With the approval of the Governor, provisions, other than bonding requirements, of Chapter 3 of this title, known as the 'Georgia Building Authority (Penal) Act,' provisions of Chapter 5 of Title 50, relating to the Department of Administrative Services, or provisions of Code Section 50-6-25 or Chapter 22 of Title 50, relating to managerial control over acquisition of professionalservices, may be waived by the department to facilitate the rapid construction or procurement of facilities for inmates. During any year in which correctional facilities are constructed or procured under this Code section and any requirements are waived, the department shall furnish the Governor and the General Assembly with a detailed report specifying the facilities constructed or procured, the requirements waived, and the reasons therefor."
Section 2. Said title is further amended by striking subsection (a) of Code Section 42-4-32, relating to sanitation and health requirements for detention facilities, and inserting in its place a new subsection to read as follows:
"(a). All aspects of ~ food preparation and food service, ftftd 6iher eperatiens 6f a detentien faeiHiy shall conform to the applicable standards of the Department of Human Resources."
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 Jaws in conflict with this Act are repealed.

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

Y Aaron N Abernathy Y Adams Y Aiken
Y Alford NAllen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
N Bannister Y Barfoot
Y Bargeron N Barnett,B
Barnett,M Y Bates Y Beck
Y Benefield Y Benn Y Birdsong N Bishop Y Bostick Y Branch
Breedlove
N Brooks N Brown Y Buck N Buford Y Byrd
N Campbell Y Carrell Y Carter

Y Chambless
Y Chance Y Cheeks Y Childers N Clark,B N Clark,H Y Clark,L N Coleman Y Colwell Y Connell
Couch 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 Y Dover YDunn Y Edwards Y Ehrhart N Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee N Goodwin
Green

Y Greene
Gresham
Y Griffin
Y Groover Y Hamilton N Hanner Y Harris Y Hasty Y Heard N Herbert Y Holcomb Y Holland Y Holmes NHooks N Howren Y Hudson Y Irwin N Isakson Y Jackson,J Y Jackson,W N Jamieson Y Jenkins
Johnson Y Jones Y Kilgore N Kingston Y Lane,D N Lane,R Y Langford Y Lawrence N Lawson Y Lee Y Linder

Y Long YLord N Lucas N Lupton YMangum N Martin Y McCoy Y McDonald Y McKelvey N McKinney,B N'McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C N Oliver,M N Orr N Orrock Y Padgett N Pannell NParham
Parrish
Y Patten Pettit Pinkston
y Poag
N Porter Y Poston Y Powell

N Randall N Ransom YRay Y Reaves Y Redding Y Richardson
N Ricketson N Robinson Y Royal Y Selman Y Simpson N Sinkfield
Y Smith,L Y Smith,P Y Smith,T
N Smith,W N Smyre Y Snow
Y Stancil,F Y Stancil,S N Stanley N Steele Y Stephens Y Streat N Teper Y Thomas,C N Thomas,M YThompson NThurmond Y Titus
Tolbert N Townsend y Twiggs

488

JOURNAL OF THE HOUSE,

N Vaughan
Y Waddle Walker,C

Y Walker,L YWall
Ware

Y Watson Y Watts N White

N Wilder N Williams,B E Williams,J

Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes 110, nays 54.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Coleman of the 118th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1163.

HR 585. By Representatives Crawford of the 5th and Porter of the 119th:
A resolution proposing an amendment to the Constitution so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce shall be tried in the county in which the plaintiff resides.

The following amendment was read and adopted:

The Committee on Special Judiciary moves to amend HR 585 by striking from line 20 of page 1 the word "shall" and inserting in lieu thereof the word "~".
By striking from line 11 on page 2 the word "shall" and inserting in lieu thereof the word "may".

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

Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford Y Allen
Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell

Y Carter Y Chambless Y Chance Y Cheeks N Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell
Couch 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 NDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee

Y Goodwin
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 YHooks
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
N Lawrence

Y Lawson Y Lee
Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
Y McDonald N McKelvey Y McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Orrock
Y Padgett
N Pannell YParham Y Parrish Y Patten
Pettit Pinkston

Y Poag Y Porter
Y Poston Y Powell y Randall
Y Ransom YRay
Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M Y Thompson

WEDNESDAY, JANUARY 31, 1990

489

Y Thurmond Y Titus Y Tolbert Y Townsend

Y Twiggs Y Vaughan Y Waddle
Walker,C

Y Walker,L YWall
Ware Y Watson

Y Watts Y White Y Wilder YWilliams,B

E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 159, nays 5.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

The Speaker Pro Tern assumed the Chair.

HR 592. By Representatives Jamieson of the 11th and Dover of the 11th:
A resolution extending and redesignating the U.S. 441 Business Historic Route.

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

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong
Y Bishop Bostick
Y Branch Y Breedlove
Broolfs
Y Brown Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch Y Crawford Y Crosby Y Cummings,B
Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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,J Y Jackson,W
Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence
Y Lawson Lee
Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell 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 YSnow Y Stancii,F
Y Stancii,S Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C Y Thomas,M Y Thompson
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 Y Wilder
Y Williams,B E 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 1252. By Representatives Barnett of the lOth, Coleman of the 118th, Pannell of the 122nd, Snow of the 1st, Holmes of the 28th and others:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for jeopardy assessments in certain cases involving the possession, sale, or distribution of marijuana or other controlled substances.

490

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for jeopardy assessments in certain cases involving the possession, sale, or distribution of certain illegal drugs; to provide for procedures; to provide for powers and duties of the state revenue commissioner; to provide for certain presumptions; to provide for certain statements or certificates; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, is amended by striking Code Section 48-2-51, relating to jeopardy assessments, and inserting in its place a new Code Section 48-2-51 to read as follows:
"48-2-51. (a) If the commissioner reasonably finds that a taxpayer gives evidence of intention to leave the state, to remove his property from the state, to conceal himself or his property, to discontinue business, or to do any other act tending to prejudice or render wholly or partly ineffective proceedings to compute, assess, or collect any state tax, whereby it becomes advisable that such proceedings be brought without delay, the commissioner shall declare the taxable period for such taxpayer terminated forthwith and shall give notice of such finding and demand immediate payment of such tax as may be due. The commissioner may immediately make an arbitrary assessment and may proceed under the assessment to collect the tax or require the taxpayer to file with him a bond satisfactory to the commissioner as security for payment of the tax.
(b) (1) As used !!! this subsection, the term 'illegal drug' means marijuana ~
defined !!! paragraph (16) 2f Code Section 16-13-21, ~ amended; .ll controlled substance ~ defined!!! paragraph (4) 2f Code Section 16-13-21, ~amended; 2!: .ll danger-
ous drug~ defined!!! Code Section 16-13-71, ~amended. The term illegal drug shall not include .ll!!Y drug when used pursuant !Q .ll valid medical prescription 2!: when used
~otherwise authorized Qy state 2f federal law.
(2) When an assessment for taxes based upon the possession, sale, 2!: distribution
2f an illegal drug ~ made Qy the commissioner, such assessment shall be considered
.ll jeopardy assessment for collection ~ provided !!! this Code section. The commissioner shall assess such tax and applicable penalties based on personal knowledge 2!:
information available !Q the commissioner; mail !Q the taxpayer .ll! the taxpayer's last known address 2!: serve !!! person .ll written notice 2f the amount Qf tax and penalty; demand its immediate payment; .ll!!Q, if payment ~ not immediately made, collect the
tax and penalty Qy .ll!!Y method prescribed!!! this chapter. (3) The tax and penalties assessed Qy the commissioner are presumed !Q be valid
and correctly determined and assessed. With respect !Q .ll!!Y administrative Q! civil
proceedings regarding the assessment 2!: collection under this subsection 2f .ll!!Y taxes,
interest, 2!: penalties imposed Qy this title, the burden shall be upon the taxpayer !Q show their incorrectness 2!: invalidity. ~ statement filed Qy the commissioner with
the court, 2!: .ll!!Y other certificate Qy the commissioner 2f the amount 2f tax and pen-
alties determined 2!: assessed, shall be admissible !!! evidence and shall be prima-facie
evidence 2f the facts contained!!! such statement 2!: certificate."
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.

WEDNESDAY, JANUARY 31, 1990

491

On the passage of the Bill, by substitute, the ayes were 121, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 452. By Representatives Hamilton of the 124th, Holcomb of the 72nd, Herbert of the 76th, Hasty of the 8th, Dover of the 11th and others:
A bill to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the employee benefit plan council, so as to change certain definitions; to provide for certain rule-making authority of such council; to provide that public school teachers and public school employees shall be eligible for participation in such flexible employee benefit plan.

The following Committee substitute was read and adopted:

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 provide that public schoolteachers and public school employees may participate in a certain flexible employee benefit plan; to change certain definitions; to provide for matters applicable to disability insurance coverage for certain state employees; to authorize local school systems to make payroll deductions relative to such employee benefit plan; to provide for certain records; to provide that local boards of education shall have certain options relative to such employee benefit plans; 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. 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 Code Section 45-18-50, relating to definitions relative to the employee benefit plan council, in its entirety and inserting in lieu thereof a new Code Section 45-18-50 to read as follows:
"45-18-50. As used in this article, the term: (1) 'Board' means the State Personnel Board. (2) 'Council' means the Employee Benefit Plan Council established in Code Sec-
tion 45-18-51. (3) 'Employee' means a member of the General Assembly or a person who works
full time for the state and receives his compensation in a direct payment from a department, agency, authority, or institution of state government; & a county department of family and children services or a county department o( health, i and public school teachers and public school employees ~ defined!!! Code Sections 20-2-880 and 20-2-910, exclusive of the members, employees, and officials of the Board of Regents of the University System of Georgia.
(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 employmenti provided, however, that public school teachers and public school employees ~ defined !!! Code Sections 20-2-880 and 20-2-910 shall be deemed !Q be employed full time for the purposes of this article. This would also exclude employment intended for only a very limited duratioil"()fin a sheltered employment program for the purpose of training or transitioning a person into the continued employment environment."
Section 2. Said article is further amended by striking Code Section 45-18-52, relating to the establishment of a flexible employee benefit plan, and inserting in its place a new Code Section 45-18-52 to read as follows:

492

JOURNAL OF THE HOUSE,

"45-I8-52. ill)_ The council is authorized to establish a flexible employee benefit plan for employees of the state and public school teachers and public school employees and to promulgate rules and regulations for its administration, subject to the limitations contained in this article and in Articles I and 2 of this chapter. The flexible employee benefit plan may provide for deductions or salary reductions for group life insurance, disability insurance, supplemental health and accident insurance, other types of employee welfare benefits, or for salary reductions for health premiums under Article I of this chapter and Code Sections 20-2-880 and 20-2-9IO. The council ~ establish rati!!g categories for disability insurance based on eligibility for coverage _Qy the disability
program Qf the Social Security Administration. At the council's discretion, ~ Qf the insurance Q!: other ~ Qf employee welfare benefits authorized _Qy this Code section
.!!!!!Y be operated ~ !! self insured plan !!! whole Q!: !!! ~ Q!: _Qy contract with~ com~ authorized to transact such business in this state. Except as provided in Code Section 45-I8-30 , Code8eetions2~ and 2o=-2-9lo, and as implemented prior to January I, I986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Internal Revenue Code for the purpose of income tax advantage.
(b) The council !_ authorized !Q promulgate rules and regulations !Q require local school boards that elect coverage under the plan ~ provided !!! subsection (b) Qf Code Section 45-I8-54 !Q enroll and maintain I! minimum participation percentage when offeri!!g the plan !Q its employees."
Section 3. Said article is further amended by striking Code Section 45-I8-53, relating to authorization for payroll deductions, in its entirety and inserting in lieu thereof a new Code Section 45-I8-53 to read as follows:
"45-I8-53. ill)_ In order to carry out the provisions of the flexible employee benefit plan, the head of each department, agency, authority, 61' county department of health, Q!: local school system 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 Qf benefit selections, payroll deductions, and other individual account
information shall be maintained ~ confidential _Qy the flexible benefit plan. The records
shall not be disclosed except ~ necessary !Q accomplish the purposes Qf this article Q!:
~ otherwise authorized !!! writing _Qy the employee. This prohibition shall not bar federal, state, Q!: local tax authorities from such access !Q the records ~ ~ be necessary !Q establish the tax status Q!: liability Qf an employee Q!: other individual."
Section 4. Said article is further amended by striking Code Section 45-I8-54, relating to continuation of optional plans, in its entirety and inserting in lieu thereof a new Code Section 45-I8-54 to read as follows:
"45-I8-54. (a) The head of each department, agency, authority, or county department of healthshall have the option to determine whether or not the employees within his respective agency shall continue any optional program that is in operation on January I, I986. New optional employee benefit plans or any contracting with new or additional insurers under existing plans that authorize the deduction or reduction of voluntarily designated amounts, including insurance, from the salaries of the full-time employees must be approved by the council after January I, I986, except that the Legislative Services Committee may continue or approve any optional program for members of the General Assembly and employees of the General Assembly.
(b) Each local board Qf education shall have the option !Q elect coverage!!! this .P!Q:: gram, ~ !!! the event an employee rejects coverage, such employee shall be authorized !Q obtain coverage !!! !! later date upon compliance with the rules and regulations promulgated _Qy the council relative thereto. New optional employee benefit plans Q!: ~ contracting with new Q!: additional insurers under existing plans that authorize the deduction Q!: reduction Qf voluntarily designated amounts, including insurance, from the
salaries Qf the full-time employees must be approved _Qy the council after January h I991. Each local board Qf education electing !Q participate !!! the coverage under this plan shall be assessed !! P!Q rata share Qf the cost Qf administering the plan.

WEDNESDAY, JANUARY 31, 1990

493

(c) Each local board Qf education electing coverage shall have the option !2 deter-
mine whether Q! not the employees within the school system shall continue !!!!Y optional
program that ~ !!! operation on January !, 1991."
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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1335.

By Representatives Godbee of the 110th, Walker of the 115th, Coleman of the 118th, Groover of the 99th, McDonald of the 12th and others:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential assessment of certain tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the date for filing an application for such preferential assessment, including certain covenant agreements.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential assessment of certain tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the date for filing an application for such preferential assessment, including certain covenant agreements; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential assessment of certain tangible real property devoted to bona fide agricultural purposes, is amended by striking subsection (k) and inserting in its place a new subsection (k) to read as follows:
"(k) All applications for preferential assessment, including the covenant agreement required under this Code section, shall be filed on Q! before Jam:taey l ef the last ~
for filing ad valorem tax returns !!! the county for the tax year for which such preferen-
tial assessment shall be first applicable. An application for continuation of preferential assessment upon a change in ownership of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for preferential assessment shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is denied, the board of tax assessors 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 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."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all taxable years beginning on or after January 1, 1990.

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

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

HB 1169. By Representatives Ware of the 77th, Lawson of the 9th, Griffin of the 6th, Brown of the 88th, Ricketson of the 82nd and others:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, brokers, and others, so as to provide that the licenses of insurance agents, brokers, or counselors shall be suspended or revoked if the holder of the license is convicted of or enters a plea of nolo contendere to certain offenses involving controlled substances.

The following substitute, offered by Representative Lawson of the 9th, was read and adopted:

A BILL

To amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, brokers, and others, so as to provide that the licenses of insurance agents, brokers, or counselors shall be suspended or revoked if the holder of the license has been convicted of, has entered a plea of guilty to, or has entered a plea of nolo contendere to an offense under Chapter 13 of Title 16, relating to controlled substances; to authorize the Commissioner of Insurance to require, as a condition of the issuance of a new license, an applicant whose license was revoked to show that such applicant has undergone treatment for drug addiction; to provide for the reporting of the disposition of offenses under Chapter 13 of Title 16; to provide for the revocation of licenses for the failure to report such disposition; 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 23 of Title 33 of the Official Code of Georgia Annotated, relating

to the licensing of insurance agents, brokers, and others, is amended by striking Code Sec-

tion 33-23-13, relating to the grounds and procedure for refusal of renewal of life or acci-

dent and sickness insurance agents' or counselors' licenses and suspension or revocation of

life or accident and sickness insurance agents' or counselors' licenses, and inserting in its

place a new Code Section 33-23-13 to read as follows:

"33-23-13. (a) A license may be refused or a license duly issued may be suspended

or revoked or the renewal of such license refused by the Commissioner if, after notice

and hearing as provided in subsection W (c) of this Code section, he finds that the

applicant for or holder of the license:

-

(1) Has violated any provision of this title or of any other law of this state relating

to insurance as defined in this chapter or relating to another type of insurance;

(2) Has intentionally misrepresented or concealed any material fact in the applica-

tion for the license;

(3) Has obtained or attempted to obtain the license by misrepresentation, conceal-

ment, or other fraud;

(4) Has misappropriated, converted to his own use, or illegally withheld money

belonging to an insurer or an insured or beneficiary;

(5) Has committed fraudulent or dishonest practices;

WEDNESDAY, JANUARY 31, 1990

495

(6) Has materially misrepresented the terms and conditions of insurance policies or contracts;
(7) Has failed to pass an examination pursuant to this article;
(8) Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner;
(9) Is not in good faith carrying on business as an agent or counselor, but, on the contrary, is holding such license for the purpose of securing rebates or commissions on controlled business; or
(10) Has shown lack of trustworthiness or lack of competence to act as an agent or counselor. (b) (I) An agent's Q! counselor's license shall be revoked _Qy the Commissioner if,
after notice and hearing .@ provided !!! subsection i1 Qf this Code section, he finds
that the holder Q[ the license, subsequent !Q the date Q[ issuance Q[ the license, has been convicted Q[, has entered _!! ~ Q[ @illy .!Q, Q! has entered !! ~ Qf nolo contendere !Q _!! felony offense Q! has been convicted Q[, entered _!! ~ Qf guilty to, Q! entered _!! ~ Q[ nolo contendere !Q _!! second Q! subsequent misdemeanor offense
under Chapter 13 Qf Title l!h relating !Q controlled substances. An agent's Q!
counselor's license shall be suspended for _!! period Qf 90 days _Qy the Commissioner if, after notice and hearing.@ provided_!!! subsection (c) Qf this Code section, he finds that the holder Q[ the license, subsequent !Q the date Qf issuance Q[ the license, has been convicted Q[, has entered_!!~ Qf guilty .!Q, Q! has entered_!!~ Qf nolo con-
tendere !Q !! first offense which ~ !! misdemeanor under Chapter 13 Qf Title l!h relat-
i!!g !Q controlled substances. The Commissioner, .@ _!! condition !Q the issuance Q[ _!!
new license under subsection ill Qf this Code section, !!!.!!Y require an applicant whose
prior license was revoked pursuant !Q this subsection !Q show that such applicant has undergone treatment for addiction !Q drugs.
~ shall be the duty Qf the licensee !Q report !Q the Commissioner his conviction Q[, entered ~ Qf guilty .!Q, Q! entered ~ Qf nolo contendere .!Q .!!!!Y offense under
Chapter 13 Qf Title l!h relating !Q controlled substances. The Commissioner shall revoke the agent's Q! counselor's license !f he finds, after notice and _!! hearing .@ .P!:Q:: vided _!!! subsection i1 Qf this Code section, the licensee failed !Q report such convic-
tion, ~ Q[ guilty, Q! ~ Q[ nolo contendere. Notwithstanding the provisions Q[
subsection ill Qf this Code section, _!! licensee whose license has been revoked pursu-
ant !Q this paragraph shall not be entitled !Q file another application for _!! license
until three years from the effective date Q[ the revocation Q!,_ !f judicial review Q[ the
revocation ~ sought, until three years from the date Q[ the final court order Q! decree affirming the revocation.
W i1 Before any agent's or counselor's license shall be suspended or revoked or
the renewal of the license refused as prescribed under this Code section, the Commissioner shall give notice of his intention to do so, by registered or certified mail to the
applicant for or holder of the license and to the insurer whom he represents or who desires that he be licensed; and the Commissioner shall set a date not less than 20 days
from the date of mailing the notice when the applicant or licensee and a duly authorized representative of the insurer may appear to be heard and produce evidence. In the con-
duct of the hearing, the Commissioner or any deputy commissioner specially designated by him for that purpose shall have power to administer oaths, to require the appearance
of and examine any person under oath, and to require the production of books, records, or papers relevant to the inquiry upon his own initiative or upon request of the appli-
cant or licensee. Upon the conclusion of the hearing, findings shall be reduced to writing and, upon approval by the Commissioner, shall be filed in his office and notice of the
findings sent by registered or certified mail to the applicant or licensee and the insurer concerned.
fet @ No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within two years from the effective date of the revocation or, if judicial review of such revocation is sought,
within two years from the date of the final court order or decree affirming the revoca-
tion. The application .when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to
the issuance of a new license.

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fdt hl Any applicant whose application for an agent's or counselor's license has
been rejected for any reason enumerated in paragraphs (1) through (9) of subsection (a) of this Code section, except failure to pass a required written examination, upon request therefor in writing within ten days after notice of such rejection shall be entitled to a hearing as provided for by this Code section; and the procedure set forth by this Code
section shall apply to the same.
W (f) Appeal from any order or decision of the Commissioner made pursuant to
this article shall be taken as provided in Chapter 2 of this title."
Section 2. Said chapter is further amended by striking Code Section 33-23-62, relating to grounds for refusal, suspension, or revocation of the licenses of property and casu-
alty agents, brokers, and others, and inserting in its place a new Code Section 33-23-62 to read as follows:
"33-23-62. ill A license may be refused or a license duly issued may be suspended
or revoked or the renewal thereof refused by the Commissioner, if he finds that the applicant for or holder of the license:
(1) Has violated any provision of this title or of any other law of this state relating to insurance as defined in this chapter or relating to another type of insurance;
(2) Has intentionally misrepresented or concealed any material fact in the application for the license;
(3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud;
(4) Has misappropriated, converted to his own use, or illegally withheld money belonging to an insurer or an insured or beneficiary;
(5) Has committed fraudulent or dishonest practices; (6) Has materially misrepresented the terms and conditions of insurance policies
or contracts; (7) Has failed to pass an examination pursuant to this article;
(8) Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner;
(9) Is not in good faith carrying on business as an agent, broker, or counselor, but, on the contrary, is holding such license for the purpose of securing rebates or commis-
sions on controlled business; (10) Has shown lack of trustworthiness or lack of competence to act as an agent,
broker, counselor, adjuster, or solicitor; or (11) Has knowingly participated in the writing or issuance of substantial
overinsurance of any property insurance risk. (b) (1) A license shall be revoked ~ the Commissioner if,_ after notice and hearing
!!!! provided !!! Code Section 33-23-63, he finds that the holder Qf the license, subsequent !Q the date Qf issuance Qf the license, has been convicted Qf,_ has entered !! ~ Qf guilty !Q, Q! has entered !! ~ Qf nolo contendere !Q _!! felony offense Q! has been convicted Qf,_ entered _!! ~ Qf guilty !Q, Q! entered _!! ~ 5!f nolo contendere !Q _!! second Q! subsequent misdemeanor offense under Chapter 13 5!f Title 1&, relating !Q con-
trolled substances. An agent's Q! counselor's license shall be suspended for _!! period
Qf 90 days ~ the Commissioner if,_ after notice and hearing !!!! provided !!! Code Section 33-23-63, he finds that the holder Qf the license, subsequent !Q the date 5!f issuance Qf the license, has been convicted Qf,_ has entered _!! ~ Qf guilty !Q, Q! has entered !! ~ Qf nolo contendere !Q _!! first offense which ~ _!! misdemeanor under Chapter 13 Qf Title 1&, relating !Q controlled substances. The Commissioner,.!!!!_!! condition !Q the issuance Qf !! new license under Code Section 33-23-64, !!!!!Y require an
applicant whose prior license was revoked pursuant !Q this subsection !Q show that such applicant has undergone treatment for addiction !Q drugs.
~ shall be the duty Qf the licensee !Q report !Q the Commissioner his conviction Qf,_ entered ~ Qf guilty !Q, Q! entered ~ 5!f nolo contendere !Q _!!!!.Y offense under Chapter 13 Qf Title 1&, relating !Q controlled substances. The Commissioner shall revoke the agent's Q! counselor's license if he finds, after notice and!! hearing.!!!! .P!Q: vided !!! Code Section 33-23-63, the licensee failed !Q report such conviction, ~ Qf
guilty, Q! ~ Qf nolo contendere. Notwithstanding the provisions Qf subsection ill 2!

WEDNESDAY, JANUARY 31, 1990

497

Code Section 33-23-64,!! licensee whose license has been revoked pursuant !Q this P!!!::_ agraph shall not be entitled !Q file another application for !! license until three years
from the effective date Qf the revocation Q!J. !f judicial review Qf the revocation is sought, until three years from the date Qf the final court order Q! decree affirming the
revocation."
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 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1254.

By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th, Barnett of the 59th, Hamilton of the 124th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authorization Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title.

The following Committee substitute was read:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to enact the "Nonpublic Postsecondary Educational Institutions Act of 1990"; to provide for definitions; to provide for the regulation of proprietary schools and postsecondary educational institutions; to provide for exemptions; to establish the Nonpublic Postsecondary Education Commission; to provide for the selection, terms, qualifications, compensation, and expenses of members of the commission; to provide for the commission's organization, meetings, and vacancies; to establish the commission as a separate division of the Georgia Student Finance Commission; to assign the commission to the Georgia Student Finance Commission for administrative purposes only; to provide that the commission shall be a budget unit of the executive branch of state government; to provide for the commission's duties and powers; to provide that the executive director of the Georgia Student Finance Commission shall be the executive director of the commission; to provide for the powers, duties, and responsibilities of the executive director; to provide for minimum and alternative standards for nonpublic postsecondary educational institutions; to prohibit certain conduct relating to nonpublic postsecondary educational institutions and postsecondary activities; to provide that certain contracts will be unenforceable; to provide for applications and forms; to provide for authorization for branch facilities; to provide for grants and denials of authorization to operate and the contents, terms, and conditions thereof; to provide for renewals of authorizations to operate; to require approval prior to making certain course offerings; to provide for the regulation of agents; to provide for agents' permits, applications, and terms and renewal of permits; to provide for bonding requirements; to provide for fees; to provide for payment of costs of evaluation committees; to provide for denial of applications for authorization to operate and for agents' permits; to provide for denial of renewals and revocation of authorization to operate and agents' permits; to provide for conditional permits and authorizations; to provide for administrative and judicial review of decisions of the commission and the executive director; to provide for complaints against nonpublic

498

JOURNAL OF THE HOUSE,

postsecondary educational institutions and their agents and for cease and desist orders, restitution, and other disciplinary actions; to provide for preservation of records when certain operations may be discontinued; to provide for enforcement and injunctive actions; to provide situations in which nonpublic postsecondary educational institutions become subject to jurisdiction of the courts of this state and provide for service of summons; to provide for funds and appropriations; to provide for civil penalties and fines; to prohibit certain conduct and provide criminal penalties therefor; to continue in effect certain certificates of authorization and provide for transition; to provide for transfer of records, files, accounts, and related items to the newly created commission; to provide for the status of the executive director and other employees of the commission relative to the state merit system; to provide for retirement system membership; to repeal specifically Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Postsecondary Educational Authorization Act of 1978," and Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Proprietary School Act"; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (3) of subsection (c) of Code Section 15-18-22, relating to use by district attorneys of law students, and inserting in its place a new paragraph to read as follows:
"(3) 'Law school' means a law school within this state which is approved by the American Bar Association or which is authorized to operate by the State BeMti ef Edttestffin under Code Section 20 3 lOS 20-3-250.8 or which was chartered and began operation in this state prior to February 10, 1937, and continued in operation in this state on July 1, 1970."
Section 2. Said title is further amended by striking paragraph (3) of Code Section 15-20-3, relating to definitions regarding law school legal aid clinics, and inserting in its place a new paragraph to read as follows:
"(3) 'Law school' means a law school in this state which is approved by the American Bar Association or which is authorized to operate by the State BeMti ef Edttesti6H under Code Section 20 3 lOS 20-3-250.8, or which was chartered and began operation in this state prior to February 10, 1937, and continued in operation in this state on March 28, 1967."
Section 3. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by adding between Parts 1 and 2 of Article 7, relating to scholarships, loans, and grants, a new Part 1A to read as follows:
"Part 1A
20-3-250.1. This part shall be known and may be cited as the 'Nonpublic Postsecondary Educational Institutions Act of 1990.'
20-3-250.2. As used in this part, the term: (1) 'Agent' means any person owning any interest in, employed by, or representing
for remuneration a nonpublic postsecondary educational institution within or outside this state who, by solicitation in any form made in this state, enrolls or seeks to enroll a resident of this state for education offered by such institution, or who offers to award educational credentials, for remuneration, on behalf of any such institution, or who holds himself out to residents of this state as representing a nonpublic postsecondary educational institution for any such purpose.
(2) 'Agent's permit' means a nontransferable written authorization issued to a natural person by the executive director which allows that person to solicit or enroll any resident of this state for education in a nonpublic postsecondary educational institution.

WEDNESDAY, JANUARY 31, 1990

499

(3) 'Authorization to operate,' or like term, means authorization by the commission to operate or to contract to operate a nonpublic postsecondary educational institution in this state or to conduct nonpublic postsecondary activities.
(4) 'Certificate' means a diploma or similar document indicating satisfactory completion of training in a course offered by a proprietary school.
(5) 'Commission' means the Nonpublic Postsecondary Education Commission provided for in Code Section 20-3-250.4.
(6) 'Course' means any plan or program of instruction, whether conducted in person, by mail, or by any other method.
(7) 'Date of notice' means the date the notice is mailed by the executive director. (8) 'Education' or 'educational services,' or like term, means, but is not limited to, any class, course, or program of training, instruction, or study. (9) 'Educational credentials' means certificates, degrees, transcripts, reports, documents or letters of designation, marks, appellations, series of letters, numbers, or words which signify, purport, or are generally taken to signify enrollment, attendance, progress, or satisfactory completion of the requirements or prerequisites for education at a nonpublic postsecondary educational institution. (10) 'Executive director' means the executive director of the Georgia Student Finance Commission.
(11) 'Entity' means, but is not limited to, any company, firm, society, association, partnership, corporation, or trust.
(12) 'Nonpublic' means a private postsecondary educational institution not established, operated, or governed by the State of Georgia, or any public or private postsecondary institution legally operating in another state or nation that conducts postsecondary activities in Georgia or offers postsecondary instruction leading to a postsecondary degree or certificate granted to Georgia residents from a location outside Georgia by correspondence or any telecommunications or electronic media technology.
(13) 'Notice to the postsecondary educational institutions' means written correspondence sent to the address of record for legal service contained in the application for a certificate of authorization as provided for in this part.
(14) 'Owner' of a postsecondary educational institution means: (A) In the case of a postsecondary educational institution owned by an individ-
ual, that individual; (B) In the case of a postsecondary educational.institution owned by a partner-
ship, all full, silent, and limited partners; and (C) In the case of a postsecondary educational institution owned by a corpora-
tion, the corporation and each shareholder owning shares of issued and outstanding stock aggregating at least 10 percent of the total of the issued and outstanding shares. (15) 'Person' means any individual, firm, partnership, association, corporation, or other private entity. (16) 'Postsecondary degree' means a credential conferring on the recipient thereof the title of 'Associate,' 'Bachelor,' 'Master,' or 'Doctor,' or an equivalent title, signifying educational attainment based on:
(A) Study;
(B) A substitute for study in the form of equivalent experience or achievement testing; or
(C) A combination of the foregoing, provided that, 'postsecondary degree' shall not include any honorary degree or other so-called 'unearned' degree. (17) 'Postsecondary activity' means awarding a postsecondary degree or certificate or conducting or offering study, experience, or testing for an individual, or certifying prior successful completion by an individual of study, experience, or testing under the representation that the individual successfully completing the study, experience, or testing will be awarded therefor, at least in part, a postsecondary degree or certificate. (18) 'Postsecondary educational institution' means a postsecondary degree-granting nonpublic college or university or a proprietary school, offering instruction or educational services primarily to persons who have completed or terminated their secondary

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education or who are beyond the age of compulsory high school attendance or any sole proprietorship, group, partnership, venture, society, company, corporation, school, or consortium of colleges and universities that engages in, purports to engage in, or intends to engage in any type of postsecondary activity.
(19) 'Proprietary school' or 'school' means any business enterprise operated for a profit or on a nonprofit basis which maintains a place of business within this state or solicits business within this state and which is not specifically exempted by Code Section 20-3-250.3, and:
(A) Which offers or maintains a course or courses of instruction or study; and (B) At which place of business such a course or courses of instruction or study are available through classroom instruction or correspondence, or both, to a person or persons for the purpose of training such person for work in a business, trade, or technical or industrial occupation. (20) 'School employee' means any person, other than any 'owner' as defined in paragraph (14) of this Code section, who directly or indirectly receives compensation from a postsecondary educational institution for services rendered. (21) 'Student' means any person who contracts to pay for and be the recipient of any course defined in paragraph (6) of this Code section. (22) 'Support' or 'supported' means the primary source or having as the primary source from which a school derives revenue to perform its operation. (23) 'Telecommunications or electronic media technology' means a delivery mode which utilizes but is not limited to television, video cassette or disc, film, radio, computer, or other supportive devices which build upon the audio-video format. (24) 'To grant' means awarding, selling, conferring, bestowing, or giving. (25) 'To offer' means, in addition to its usual meanings, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform the act described. (26) 'To operate' an educational institution, or like term, means to establish, keep, or maintain any facility or location in this state where, from which, or through which education is offered or given or educational credentials are offered or granted and includes contracting with any person, group, or entity to perform any such act and to conduct postsecondary activities within this state or from a location outside of this state by correspondence or by any telecommunications or electronic media technology. 20-3-250.3. (a) The following education and postsecondary educational institutions are exempted from this part: (1) Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade; (2) Education sponsored by a bona "fide trade, business, professional, or fraternal organization, so recognized by the commission, solely for that organization's membership or offered on a no-fee basis, not granting degrees; (3) Education solely avocational or recreational in nature, as determined by the commission, and institutions, not granting degrees, offering such education exclusively; (4) Postsecondary educational institutions established, operated, and governed by this state, its agencies, or its political subdivisions, as determined by the commission; (5) Any flight school which holds an applicable federal air agency certificate issued by the administrator of the Federal Aviation Administration; (6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate to the satisfaction of the commission that their purposes are solely to provide programs of study in theology, divinity, religious education, ministerial training, or training for other church related work, provided such institutions do not grant postsecondary degrees; (7) Nonpublic law schools not accredited by the American Bar Association which are subject to the regulations and standards established by the Georgia Supreme Court for such schools; (8) Nonpublic postsecondary educational institutions conducting postsecondary activity on the premises of military installations located in this state which are solely for military personnel stationed on active duty at such military installations, their

WEDNESDAY, JANUARY 31,1990

501

dependents, or Department of Defense employees and other civilian employees of that installation;
(9) A school where the total instructional program is review or preparation for a specific examination and where the student's occupational training already makes the student eligible to sit for the examination; and
(10) Any nonpublic, nonprofit college or university whose principal office and campus are located in this state and their related graduate and professional programs, which have been in existence 20 or more years prior to July 1, 1987, and have been recognized for 15 or more years prior to July 1, 1987, by a national or regional accrediting agency recognized by the United States Department of Education. (b) Except as otherwise provided in subsection (a) of this Code section, any nonpublic postsecondary educational institution whose students participate in either state or federally funded student financial aid programs is specifically covered by this part. 20-3-250.4. (a) There is established the Nonpublic Postsecondary Education Commission consisting of 12 members who shall be appointed by the Governor and confirmed by the Senate. One member shall be appointed from each congressional district and the remaining members shall be appointed as at-large members. The first members appointed to the commission shall be appointed for terms of office beginning July 1, 1991, with four of those members to serve initial terms of one year each, four of those members to serve initial terms of two years each, and four of those members to serve initial terms of three years each. The initial terms of office shall be specified in the appointment. After these initial terms, members of the commission shall be appointed for terms of three years each. Each member shall serve for the term of office to which the person is appointed and until a successor is appointed, confirmed, and qualified. Members may be appointed to succeed themselves but shall not serve for more than two full consecutive terms. (b) One member of the commission shall be appointed to represent nonpublic postsecondary educational institutions and one member shall be appointed to represent nonpublic proprietary schools. The remaining members shall not be employed by or otherwise represent or have an interest in any nonpublic postsecondary educational institution or nonpublic proprietary school. (c) The commission shall elect from its members a chairperson, a vice chairperson, and such other officers as are considered necessary, each to serve for a one-year term. Officers may be elected to succeed themselves. (d) Vacancies on the commission, except those caused by expiration of term, shall be filled by the Governor's appointing a successor who meets the requirement for the vacated position and who shall be confirmed by the Senate to serve for the remainder of the unexpired term of office. (e) The commission shall meet at least quarterly on the call of the chairperson or upon the written petition of at least six members of the commission.
(f) The members of the commission shall serve without compensation, but on presentation of a voucher authorized by the chairperson of the commission and approved by the executive director, each member shall be entitled to receive for each day's expenses incurred while carrying out official commission business the same daily expense allowance and travel or mileage allowance as that authorized for members of the General Assembly.
(g) A majority of the commission shall constitute a quorum for the conduct of business, but not less than six voting members must concur in order for the commission to take official action.
(h) Any person appointed to the commission when the Senate is not in session may serve on the commission without Senate confirmation until the Senate acts on that appointment.
20-3-250.5. (a) The commission shall be a separate division of the Georgia Student Finance Commission and is assigned to the Georgia Student Finance Commission for administrative purposes only. The commission shall be a budget unit of the executive branch of the state government.
(b) The commission shall have the following powers and duties:

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(1) To establish and promulgate standards, rules, regulations, and policies for carrying out the provisions of this part and for the. orderly operation of the commission. To effectuate the purposes of this part, the commission may request from any department, division, board, bureau, commission, or other agency of the state, and such agency shall provide such information as will enable the commission to exercise properly its powers and perform its duties under this part;
(2) To establish minimum criteria in conformity with Code Section 20-3-250.6, including quality of education, ethical and business practices, health and safety, and fiscal responsibility which applicants for authorization to operate or for an agent's permit shall meet before such authorization or permit may be issued, and to continue such authorization or permit in effect. The criteria to be developed under this paragraph shall be such as will effectuate the purposes of this part but will not unreasonably hinder legitimate educational innovation;
(3) To negotiate and enter into interstate reciprocity agreements with similar agencies in other states if, in the judgment of the commission, such agreements are or will be helpful in effectuating the purposes of this part; but nothing contained in any such reciprocity agreement shall be construed as limiting the commission's or the executive director's powers, duties, and responsibilities with respect to investigating independently or acting upon any application for authorization to operate or for renewal of such authorization to operate a nonpublic postsecondary educational institution, or upon an application for issuance or renewal of any agent's permit, or with respect to the enforcement of any provision of this part, or of any of the rules or regulations promulgated under this part;
(4) To promulgate rules, regulations, and procedures necessary or appropriate for the conduct of its work and the implementation of this part, and to hold such hearings as it may deem advisable or as required by law in developing such rules, regulations, and procedures, or in aid of any investigation or inquiry;
(5) To delegate to the executive director such administrative powers and duties, in addition to those powers and duties of the executive director otherwise specified in this part, as may be reasonably necessary to carry out effectively this part and to establish such administrative organization and procedures as may be reasonably necessary to carry out this part;
(6) To exercise other powers and duties implied but not enumerated in this subsection but in conformity with this part which, in the judgment of the commission,
are necessary in order to carry out this part; (7) To submit annually to the House University System of Georgia Committee, to
the House and Senate Education Committees, and to the Senate Higher Education Committee an annual written report summarizing the activities of the commission in regard to its responsibilities, activities, and administration of this part;
(8) To receive and hold title to property, equipment, money, and materials; and (9) To contract with other state, federal, or local public or private schools and other entities, individuals, or other legal entities for the provision of services or activities the commission deems necessary. (c) The executive director of the Georgia Student Finance Commission shall be the executive director of the commission. The executive director shall administer the provisions of this part as provided in this subsection and as provided by rules, regulations, and policies of the commission. The executive director shall have the following powers and duties: (1) To employ such personnel as may be necessary to carry out the provisions of this part and in connection therewith to develop job descriptions for such personnel; (2) To receive, investigate as he may deem necessary, and act upon applications for authorization to operate nonpublic postsecondary educational institutions and
upon applications for agents' permits; (3) To maintain a list of nonpublic postsecondary educational institutions and
agents authorized to operate in this state under this part. Such list shall be available for the information of the public;
(4) To receive and cause to be maintained as a permanent file copies of academic records in conformity with Code Section 20-3-250.17;

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(5) To investigate as he may deem necessary on his own initiative or in response to any complaint lodged with him any person, group, or entity subject to, or reasonably believed by him to be subject to, the jurisdiction of this part; and, in connection therewith, to subpoena any persons, books, records, or documents pertaining to such investigation, which subpoenas shall be enforceable by any court of this state; to require answers in writing under oath to questions propounded by him; and to administer an oath or affirmation to any person in connection with any investigation; and
(6) To administer compliance with this part in accordance with standards, rules, regulations, and policies of the commission. 20-3-250.6. (a) In establishing the criteria required by paragraph (2) of subsection (b) of Code Section 20-3-250.5, the commission shall observe and shall require compliance with the following minimum standards:
(1) A nonpublic postsecondary educational institution must be maintained and operated, or, in the case of a new institution, it must demonstrate that it can be maintained and operated in compliance with the following minimum standards:
(A) That the quality and content of each course or program of instruction, training, or study are such as may reasonably and adequately achieve the stated objective for which the course or program is offered;
(B) That the institution has adequate space, equipment, library and physical facilities, instructional materials, and personnel to provide education of good quality;
(C) That the education and experience qualifications of directors, administrators, supervisors, and instructors are such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study and that each instructor shall satisfactorily meet educational qualifications and other requirements established by the commission;
(D) That the institution provides students and other interested persons with a catalog or other written description containing information describing the programs offered; program objectives; length of program; schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study; cancellation and refund policies; prior year's enrollment, graduation, and job placement rates; and such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the executive director or defined in the rules and regulations of the commission; and that such information is provided to prospective students prior to enrollment;
(E) That upon satisfactory completion of training, the student is given appropriate educational credentials by such institution indicating that such course or courses of instruction or study have been satisfactorily completed by said student;
(F) That adequate records are maintained by the institution to show attendance, progress, or grades and that satisfactory standards are enforced relating to attendance, progress, and performance;
(G) That the institution is maintained and operated in compliance with all pertinent ordinances and laws including rules and regulations, relative to the safety and health of all persons upon the premises;
(H) That the institution is financially sound and capable of fulfilling its commitments to students;
(I) That neither the institution nor its agents engage in advertising, sales, collection, credit, or other practices of any type which are false, deceptive, misleading, or unfair;
(J) That the chief executive officer, trustees, directors, owners, administrators, supervisors, staff, and instructors are of good reputation and character and that each institution has an education director who meets the requirements established by the commission for such position which requirements shall be substantially related to the predominant course offerings at that institution;
(K) That the student housing owned, maintained, or approved by the institution, if any, is appropriate, safe, and adequate and meets all local fire, safety, and health codes;

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(L) That the institution has and maintains a reasonable and proper policy for the refund of the unused portion of tuition, fees, housing or dormitory fees, and any other charges in the event a student enrolled by the school fails to begin a course or withdraws or is discontinued therefrom at any time prior to completion, which policy shall take into account those costs to the school that are not diminished by the failure of the student to enter or complete the course of instruction; and
(M) That the institution posts continuously in a conspicuous place a notice, in such form as required by the commission, which sets forth the procedures for filing a complaint with the commission for any alleged violation of this part. (2) An applicant for an agent's permit shall be an individual of good reputation and character and shall represent only a nonpublic postsecondary educational institution or institutions which meet the minimum standards established in this Code section and the criteria established under paragraph (2) of subsection (b) of Code Section 20-3-250.5. (b) In lieu of the criteria set forth in subsection (a) of this Code section, or in addition thereto, the executive director, for good cause shown and with the advice of the commission, may amend, modify, substitute, or alter the terms of such criteria as necessary and advisable because of the specialized nature and objective of the operation of the postsecondary educational institution. 20-3-250.7. (a) No person, agent, group, or entity of whatever kind, alone or in concert with others, shall: (1) Operate in this state a nonpublic postsecondary educational institution, conduct postsecondary activities in this state, or offer postsecondary instruction leading to a postsecondary degree or certificate to Georgia residents from a location outside the state by correspondence or any telecommunications or electronic media technology unless issued a current certificate of valid authorization; (2) Offer, as or through an agent, enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution not exempted from this part, whether such institution is within or outside this state, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to this part; or accept contracts or enrollment applications from an agent who does not have a current permit as required by this part; but the commission may promulgate rules and regulations to permit the rendering of legitimate public information services
without such permit; (3) Instruct or educate, or offer to instruct or educate, including advertising or
soliciting for such purpose, enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, in this state, whether such person, agent, group, or entity is located within or outside this state, unless such person, agent, group, or entity observes and is in compliance with the minimum standards set forth in Code Section 20-3-250.6, the criteria established by the commission pursuant to paragraph (2) of subsection (b) of Code Section 20-3-250.5, and the rules and regulations adopted by the commission;
(4) Use the term 'university' or 'college' without authorization to do so from the commission;
(5) Grant, or offer to grant, postsecondary degrees, diplomas, or certificates without authorization to do so from the commission; or
(6) Grant honorary or unearned degrees. (b) No person, firm, or institution shall sell, barter, or exchange for any consideration or attempt to sell, barter, or exchange for any consideration any postsecondary degree, diploma, or certificate. (c) No person, firm, or institution shall use, or attempt to use, in connection with any business, trade, profession, or occupation any postsecondary certificate, degree, or certification of degree or degree credit including, but not limited to, a transcript of course work, which the person, firm, or institution knows was fraudulently issued, obtained, forged, or materially altered. (d) Any contract entered into with any person for any course of instruction by or on behalf of any owner, school employee, or representative of a nonpublic postsecondary

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505

educational institution subject to this part to which a certificate of authorization has not been issued shall be unenforceable in any action brought thereon.
20-3-250.8. (a) Each nonpublic postsecondary educational institution desiring to operate or conduct postsecondary activities in this state shall make application to the commission, upon forms to be provided by the commission. Such application shall be accompanied by a catalog or other written description published, or proposed to be published, by the institution, containing the information specified in subparagraph (a)(1)(D) of Code Section 20-3-250.6, including information required by rules and regulations of the commission. Such application shall also be accompanied by evidence of a surety bond as required by Code Section 20-3-250.10 and payment of the fees specified in Code Section 20-3-250.11.
(b) A nonpublic postsecondary educational institution shall not operate or conduct postsecondary activities in any building in which that institution did not previously operate or conduct postsecondary activities unless the institution obtains authorization to operate or conduct those activities in that building as a branch facility. An application for authorization to operate any branch facility shall be accompanied by catalogs, other written documents, evidence of bond, and payment of fees as required for an initial application pursuant to subsection (a) of this Code section.
(c) Following review of such application and any further information submitted by the applicant or required by the executive director, an on-site inspection of the physical facility at which the institution will be operating, if located in this state, and such invef;tigation of the applicant as the executive director may deem necessary or appropriate, the executive director shall either grant or deny authorization to operate to the applicant. A grant of authorization to operate may be on such terms and conditions as the
executive director may specify. (d) The authorization to operate shall be in a form recommended and approved by
the commission and shall state in a clear and conspicuous manner at least the following information:
(1) The date of issuance, effective date, and term of authorization; (2) The correct name and address of the institution so authorized; (3) The authority for authorization and conditions thereof; (4) Any limitation of the authorization, as deemed necessary by the executive
director; (5) The signature of the executive director or such person as may have been desig-
nated by the executive director; and (6) Any other fair and reasonable representations consistent with this part and
deemed necessary by the executive director. (e) The term for which authorization is given shall not extend for more than one year and may be issued for a lesser period of time. (f) The authorization to operate shall be issued to the owner or governing body of the applicant institution and shall be nontransferable. In the event of a change in ownership of the institution, a new owner or governing body must, within ten days after the change in ownership, apply for a new authorization to operate; and in the event of failure to do so, the institution's authorization to operate shall terminate. Application for a new authorization to operate by reason of change in ownership of the institution shall, for purposes of subsection (b) of Code Section 20-3-250.12, be deemed an application for renewal of the institution's authorization to operate. (g) At least 90 days prior to the expiration of an authorization to operate, the institution shall complete and file with the executive director an application form for renewal of its authorization to operate. Such renewal application shall be reviewed and acted upon as provided in subsections (c) through (f) of this Code section. (h) An institution not yet in operation when its application for authorization to operate is filed may not begin operation or conduct any postsecondary activities until receipt of authorization. (i) Each nonpublic postsecondary educational institution which has been granted an authorization to operate or conduct postsecondary activities in this state shall obtain approval from the executive director before it offers any course not offered by the institution at the time its initial authorization was granted or upon July 1, 1991, whichever

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is later. The commission by regulation shall establish procedures and standards for

approval of such additional course offerings.

20-3-250.9. (a) Each person desiring to solicit or perform the services of an agent

in this state shall make application to the executive director upon forms to be provided

by the commission. Such application shall be accompanied by evidence of the good repu-

tation and character of the applicant in a form to be prescribed by the commission and

shall state the institution or institutions which the applicant intends to represent. An

agent representing more than one institution must obtain a separate agent's permit for

each institution represented, but when an agent represents institutions having a common

ownership, only one agent's permit shall be required with respect to such institutions.

In the event any institution which the applicant intends to represent does not have

authorization to operate in this state, such application shall be accompanied by the

information required of institutions making application for such authorization. Such

application for an agent's permit shall also be accompanied by evidence of a surety bond

as required by Code Section 20-3-250.10 and payment of the fees specified by Code Sec-

tion 20-3-250.11.

(b) Following review of such application and any further information submitted by

the applicant or required by the executive director and such investigation of the appli-

cant as the executive director may deem necessary or appropriate, the executive director

shall either grant or deny an agent's permit to the applicant.

(c) The agent's permit shall be in a form approved by the commission and shall state

in a clear and conspicuous manner at least the following information:

(1) The date of issuance, effective date, and term;

(2) The correct name and address of the agent; and

(3) The institution or institutions which such agent is authorized to represent.

(d) The term for which an agent's permit is issued shall not extend for more than

one year and may be issued for a lesser period of time.

(e) At least 60 days prior to the expiration of an agent's permit, the agent shall com-

plete and file with the executive director an application form for renewal of the permit.

Such renewal application shall be reviewed and acted upon as provided in subsections

(b) through (d) of this Code section.

20-3-250.10. (a) At the time an initial application or application for a branch facil-

ity is made for authorization to operate, the executive director shall require the nonpub-

lic postsecondary educational institution making such application to file with the

executive director a good and sufficient surety bond in such sum as determined by sub-

section (b) of this Code section. Such bond shall be executed by the applicant as princi-

pal and by a surety company qualified and authorized to do business in this state. The

bond shall be conditioned to provide indemnification to any student or enrollee or that

person's parent or guardian or class thereof determined to have suffered loss or damage

as a result of any act or practice which is a violation of this part or of rules and regula-

tions promulgated pursuant thereto by such nonpublic postsecondary educational insti-

tution and that the bonding company shall pay any final, nonappealable judgment

rendered by the commission or any court of this state having jurisdiction, upon receipt

of written notification thereof. Regardless of the number of years that such bond is in

force, the aggregate liability of the surety thereon shall in no event exceed the penal sum

of the bond. The bond may be continuous.

(b) The minimum amount of the bond required by subsection (a) of this Code sec-

tion shall be based on the total maximum head count enrollment of the nonpublic

postsecondary educational institution during the previous year or on the estimated head

count enrollment for the current year, whichever is larger, and shall be as follows:

Maximum Enrollment

Minimum Bond

0-50 ............................................................................................................................$ 25,000.00

51-100.......................................................................................................................... 50,000.00

101-200.......................................................................................................................... 100,000.00

201-300.:........................................................................................................................ 150,000.00

301-400.......................................................................................................................... 200,000.00

401 and over................................................................................................................. 250,000.00

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507

(c) An application for an agent's permit shall be accompanied by a good and sufficient surety bond in a penal sum of $5,000.00. Such bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond may be in blanket form to cover more than one agent for a postsecondary educational institution, but it shall cover each agent for such institution in a penal sum of $5,000.00. The bond shall be conditioned to provide indemnification to any student or enrollee or that person's parent or guardian or class thereof determined to have suffered loss or damage as a result of any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto by said agent and that the bonding company shall pay any final, nonappealable judgment rendered by the commission or any court of this state having jurisdiction, upon receipt of written notification thereof. Regardless of the number of years that such bond is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum of the bond. The bond may be continuous.
(d) If the bond filed with the initial application to operate remains in effect, it shall be sufficient when an application is made for the renewal of authorization to operate, unless the amount of the bond must be increased because of increased enrollment to comply with requirements of subsection (b) of this Code section.
(e) The surety bond to be filed under this Code section shall cover the period of the authorization to operate or the agent's permit, as appropriate, except when a surety shall be released as provided in this Code section. A surety on any bond filed under this Code section may be released therefrom after such surety shall serve written notice thereof on the executive director at least 30 days prior to such release; but such release shall not discharge or otherwise affect any claim theretofore or thereafter filed by a student or enrollee or that person's parent or guardian or class thereof for loss or damage resulting from any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto alleged to have occurred while such bond was in effect or from an institution's ceasing operations during the term for which tuition has been paid while such bond was in force.
(f) Authorization for an institution to operate and an agent's permit shall be suspended by operation of law when such institution or agent is no longer covered by a surety bond as required by this Code section, but the executive director shall cause such institution or agent, or both, to receive at least 30 days' written notice prior to the release of the surety to the effect that such authorization or permit shall be suspended by operation of law until another surety bond shall be filed in the same manner and like amount as the bond being terminated.
20-3-250.11. (a) Fees shall be collected by the executive director in such amounts as shall be established by the commission so that the total amount of those fees charged in each fiscal year of the commission shall approximate the total of the direct and indirect costs to the state of the operation of the commission for the immediately preceding fiscal year. The commission shall establish separate initial application and renewal fee schedules for degree-granting and nondegree-granting nonpublic postsecondary educational institutions based upon the commission's actual or projected costs to perform its duties and responsibilities with regard to those categories of institutions and, within those categories, based upon actual or projected enrollment of those institutions. The commission shall also establish initial and renewal fees for agents' permits. All fees collected pursuant to this part shall be deposited in the state treasury to the credit of the general fund, and no fees collected under this part shall be subject to refund. The fees to be collected by the commission under this part shall accompany an application for authorization to operate or an agent's permit.
(b) The commission will pay all costs for evaluation committees that may be neces: sary to implement this part.
20-3-250.12. (a) If the executive director, upon review and consideration of an application for authorization to operate or for an agent's permit or for renewal thereof, shall determine that the applicant fails to meet the criteria established as provided in this part, the executive director shall so notify the applicant, setting forth the reasons therefor in writing, and shall deny the application.

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(b) The executive director may grant to an applicant for renewal an extension of time of reasonable duration in which the applicant may eliminate the reason or reasons for denial contained in the statement of denial, if the applicant has demonstrated to the satisfaction of the executive director its or his desire to meet the requirements of Code Section 20-3-250.6 and the criteria established pursuant to paragraph (2) of subsection (b) of Code Section 20-3-250.5, and if in the judgment of the executive director it would be reasonably possible for the applicant to meet such requirements and criteria within such time.
(c) In the event the executive director denies an application for an agent's permit or for renewal thereof, he shall notify the institution or institutions which such agent represented or proposed to represent, according to the records of the commission, including the reasons therefor.
20-3-250.13. (a) An authorization to operate or an agent's permit may be revoked or made conditional after its issuance if the executive director has reasonable cause to believe that the holder of such authorization or permit has violated or is violating this part or any rules and regulations promulgated pursuant thereto. Prior to such revocation or imposition of condition, the executive director shall notify the holder of the authorization or permit in writing of the impending action, setting forth the grounds for the action contemplated to be taken and advising the holder of a permit that if a hearing is requested, in writing, within ten days of receipt of such notice, the executive director shall set a time and place for a hearing at which the holder of the authorization or permit may be heard in response to the allegation of noncompliance with this part or rules and regulations promulgated pursuant to this part.
(b) If a hearing is requested as provided in subsection (a) of this Code section, such hearing shall be conducted as provided in subsection (d) of Code Section 20-3-250.15, and the holder of the authorization or permit shall have the rights set forth in that Code section. The decision of the commission shall be made as provided in subsection (e) of Code Section 20-3-250.15 and shall be deemed final, subject to the right of judicial review provided for by Code Section 20-3-250.16. In the event an agent's permit is revoked or a condition is imposed thereon, the executive director shall notify the institution or institutions which such agent was permitted to represent, as shown in the records of the commission, in addition to the notice required to be given to the agent and any other parties to the hearing.
20-3-250.14. (a) Any person claiming damage or loss as a result of any act or practice by a nonpublic postsecondary educational institution or its agent, or both, which is a violation of this part or of the rules and regulations promulgated pursuant thereto may file with the executive director a verified complaint against such institution or against its agent, or both. The complaint shall set. forth the alleged violation and shall contain such other information as may be required by the commission. A complaint may also be filed with the executive director by the commission's representatives or by the Attorney General. A complainant may also file with the executive director as a representative of a class of complainants.
(b) The executive director shall investigate any such complaint and may, at his discretion, attempt to effectuate a settlement by persuasion and conciliation. The executive director may consider a complaint after ten days' written notice sent by registered or certified mail, return receipt requested, to such institution or to such agent, or both, as appropriate, giving notice of a time and place for hearing thereon. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' (c) If, based upon all the evidence at a hearing, the executive director shall find that
a nonpublic postsecondary educational institution or its agent, or both, have engaged in or are engaging in any act or practice which violates this part or the rules and regulations promulgated pursuant thereto, the executive director shall issue and cause to be served upon such institution or agent, or both, an order requiring such institution or agent, or both, to cease and desist from such act or practice. Additionally, if the executive director shall find that the complainant or class of complainants has suffered loss or damage as a result of such act or practice, the executive director may, at his discretion, award the complainant or class of complainants full or partial restitution for such

WEDNESDAY, JANUARY 31, 1990

509

damage or loss and may impose the penalties provided for in Code Section 20-3-250.21. The executive director may also, as appropriate, based on his own investigation or the evidence adduced at such hearing or on the basis of such investigation and evidence, commence an action to revoke an institution's authorization to operate or revoke an agent's permit.
20-3-250.15. (a) Any person aggrieved by a decision of the executive director respecting denial of an authorization to operate or of an agent's permit or the placing of conditions thereon, whether on initial application or on application for renewal, or by a decision of the executive director revoking an institution's authorization to operate or an agent's permit and any person aggrieved by the imposition of a penalty by the executive director under Code Section 20-3-250.21 shall have the right to a hearing and review of such decision by the commission as provided in this Code section.
(b) If, upon written notification of any such action taken by the executive director, the aggrieved party desires a hearing and review, such party shall notify the executive director, in writing, within ten days after the giving of notice of such action; otherwise such action shall be deemed final.
(c) Upon receiving such notice from the aggrieved party, the executive director, after consultation with the commission, shall fix the time and place for a hearing by the commission and shall notify the aggrieved party thereof.
(d) At such hearing the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition or in extenuation. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any member of the commission may preside except where a clear conflict of interest may be demonstrated.
(e) A decision of the commission following a hearing, or on expiration of the time for demand of a hearing if no such demand is filed, shall be deemed final, subject to the right of judicial review provided for by Code Section 20-3-250.16. All matters presented by hearing as provided in this Code section shall be acted upon promptly by the commission, and the commission shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing and the appropriate rule, order, sanction, relief, or denial thereof.
20-3-250.16. (a) Any person aggrieved or adversely affected by any final action of the commission may obtain judicial review of such action as provided in this Code section.
(b) An action for judicial review may be commenced in any court of competent jurisdiction within 30 days after the commission's action becomes effective.
(c) Upon a finding that irreparable injury would otherwise result, the commission, upon application therefor, shall postpone the effective date of its action pending judicial review, or the reviewing court, upon application therefor and upon such terms and upon such security, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the commission's action or to preserve the rights of the parties pending conclusion of the review proceedings.
(d) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the commission and the decision, findings, and action of the commission. As to alleged procedural irregularities, evidence may be taken independently by the court.
(e) If the court finds no error, it shall affirm the commission's action. If it finds that such action was:
(1) Arbitrary or capricious; (2) A denial of a statutory right; (3) Contrary to constitutional right, power, privilege, or immunity; (4) In excess of statutory jurisdiction, authority, purposes, or limitation; (5) Not in accord with the procedures or procedural limitations of this part or otherwise required by law; (6) An abuse or clearly unwarranted exercise of discretion, unsupported by substantial evidence when the record is considered as a whole; or

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(7) Otherwise contrary to law, then the court shall hold unlawful and set aside the commission's action and afford such relief as may be appropriate.
(f) The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action.
20-3-250.17. In the event any nonpublic postsecondary educational institution now or hereafter operating in this state proposes to discontinue its operations, the chief administrative officer, by whatever title designated, of such institution shall cause to be filed with the executive director the original or legible true copies of all such academic records of such institution as may be specified by the executive director. Such records shall include, at a minimum, such information as is customarily required by colleges or proprietary schools when considering students for transfer or advanced study and, as a separate document, the academic record of each former student. In the event it appears to the executive director that any such records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the executive director, the executive director may, with court order, seize and take possession of such records, subject to the confidentiality accorded normal school records. The executive director shall maintain or cause to be maintained a permanent file of such records coming into his possession.
20-3-250.18. (a) The Attorney General of this state or the district attorney of any judicial circuit in which a nonpublic postsecondary educational institution or an agent thereof is found, at the request of the executive director or on his own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this part.
(b) Whenever it shall appear to the executive director that any person, agent, group, or entity is about to violate or has been violating any of the provisions of this part or any of the lawful rules, regulations, or orders of the executive director, the executive director may, on his own motion or on the written complaint of any person, file a petition for injunction in the name of the commission in any court of competent jurisdiction in this state against such person, group, or entity for the purpose of enjoining such violation or for an order directing compliance with this part and all rules, regulations, and orders issued pursuant thereto. It shall not be necessary that the executive director allege or prove that he has no adequate remedy at law. The right of injunction provided in this Code section shall be in addition to any other legal remedy which the executive director has and shall be in addition to any right of criminal prosecution provided by law, but the executive director shall not obtain a temporary restraining order without notice to the person, group, or entity affected. The existence of an action of the executive director with respect to alleged violations of this part shall not operate as a bar to an action for injunctive relief pursuant to this Code section.
20-3-250.19. Any nonpublic postsecondary educational institution not exempt from this part, whether or not a resident of or having a place of business in this state, which conducts postsecondary activities or which instructs or educates or offers to instruct or educate, enrolls or offers to enroll, or contracts or offers to contract to provide instructional or educational services in this state, whether such instruction or services are provided in person or by correspondence or by telecommunications or electronic media technology, to a resident of this state or which offers to award or awards any educational credentials to a resident of this state submits such institution and, if a natural person, his personal representative to the jurisdiction of the courts of this state concerning any cause of action arising therefrom and for the purpose of enforcement of this part by injunction pursuant to Code Section 20-3-250.18. Service of process upon any such institution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner prescribed by Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' with the same force and effect as if the summons had been personally served within this state. Nothing contained in this Code section shall limit or affect the right to serve any process as prescribed by Chapter 11 of Title 9.

WEDNESDAY, JANUARY 31, 1990

511

20-3-250.20. The commission, through the executive director, shall request funds for the administration of this part, and the General Assembly shall appropriate such funds as deemed adequate and necessary.
20-3-250.21. Any person, group, or entity or any owner, officer, agent, or employee thereof who shall willfully violate Code Section 20-3-250.7 or who shall fail or refuse to deposit with the executive director the records required by Code Section 20-3-250.17 shall be subject to a civil penalty not to exceed $1,000.00 for each violation. Each day's failure to comply with such Code sections shall be a separate violation. Such fine may be imposed by the executive director in an administrative proceeding or by any court of competent jurisdiction. The commission shall adopt a schedule of regularly imposed fines for violations of this part and shall have such schedule published by the executive director.
20-3-250.22. (a) No person shall: (1) Operate a nonpublic postsecondary educational institution without a certificate
of authorization issued by the executive director or use the words 'college' or 'university' in the name of such institution located in Georgia unless it was doing so prior to July 1, 1985, or is otherwise authorized to do so under this part;
(2) Solicit prospective students without being bonded as required in Code Section 20-3-250.10;
(3) Make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering or publicizing of a course, if such person knows or reasonably should have known the statement or representation to be false, deceptive, substantially inaccurate, or misleading;
(4) Promise or guarantee employment utilizing information, training, or skill purported to be provided or otherwise enhanced by a course, unless the promiser or guarantor offers the student or prospective student a bona fide contract of employment agreeing to employ said student or prospective student for a specified period of time in a business or other enterprise regularly conducted by him and if such information, training, or skill is a normal condition of employment; or
(5) Do any act constituting part of the conduct or administration of a course or the obtaining of students thereof, if such person knows or reasonably should know that any phase or incident of the conduct or administration of the course is being carried on by the use of fraud, deception, or other misrepresentation or by any person soliciting students without a permit.
(b) Any person, group, or entity or any owner, officer, agent, or employee thereof who willfully violates Code Section 20-3-250.7 or subsection (a) of this Code section, or who willfully fails or refuses to deposit with the executive director the records required by Code Section 20-3-250.17 shall be guilty of a misdemeanor. Each day's failure to comply with such Code sections shall be a separate violation. Such criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the Attorney General or a district attorney pursuant to Code Section 20-3-250.18.
20-3-250.23. All certificates of authorization previously issued under either Article 3 of this chapter, the 'Postsecondary Educational Authorization Act of 1978,' or Article 4 of Chapter 4 of this title, the 'Georgia Proprietary School Act,' as such articles and provisions existed immediately prior to July 1, 1991, shall remain valid until their expiration date or until such certificate can be renewed in accordance with the terms of this part and the rules, regulations, and standards of the commission. The commission is authorized to adopt interim rules and regulations to allow for the transition to this part for institutions regulated under the aforementioned articles.
20-3-250.24. All employees of the commission shall be subject to and covered by Article 1 of Chapter 20 of Title 45, but the position of executive director and such other employee positions as may be determined by the commission to be exempt from the classified service pursuant to that article shall be exempt unclassified positions, and the commission shall determine and fix the salary and other compensation and benefits to be paid or provided to the employees occupying those positions. All full-time employees of the commission shall be members of the Employees' Retirement System of Georgia, except for members of the Teachers Retirement System of Georgia who, without any

512

JOURNAL OF THE HOUSE,

break in service, become full-time employees of the commission. Such employees shall continue as members of the Teachers Retirement System of Georgia.
20-3-250.25. All records, files, accounts, and related items utilized in the administration of the 'Georgia Proprietary School Act,' or the 'Postsecondary Educational Authorization Act of 1978,' are transferred from the State Board of Education to the commission and executive director."
Section 4. Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Postsecondary Educational Authorization Act of 1978" is repealed in its entirety and the following is substituted in lieu of said repealed article:
"ARTICLE 3 RESERVED".
Section 5. Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Proprietary School Act," is repealed in its entirety and the following is substituted in lieu of said repealed article:
"ARTICLE 4 RESERVED".
Section 6. This Act shall become effective on July 1, 1991, except that this Act shall be effective on July 1, 1990, for the purpose of allowing the Governor to screen and select persons for appointment to the Nonpublic Postsecondary Education Commission on July 1, 1991, and for the purpose of beginning the transfer of records, files, and accounts as specified in Code Section 20-3-250.25 and for other administrative purposes as necessary to prepare for the implementation of this Act on July 1, 1991.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Mangum of the 57th moves to amend the committee substitute to HB 1254 by adding after the semicolon on line 33 of page 2 the following;".
"to provide for statutory construction;".
By striking the quotation marks on line 8 of page 41.
By adding between lines 8 and 9 of page 41 the following:
"20-3-250.26. Nothing in this part shall be construed to limit a state exammmg board's authority, as granted by Title 43, to regulate and govern the curriculum, course requirements, instructor qualifications, and other educational activities of nonpublic postsecondary educational institutions."'

Representative Mangum of the 57th moves to amend the Committee substitute to HB 1254 by adding between lines 4 and 5 on page 29 the following:
"(g) In lieu of the surety bond provided for in subsections (a) and (b) of this Code section, the commission by rule or regulation may authorize the director to accept a property bond when a principal of the nonpublic postsecondary educational institution owns property within the State of Georgia with sufficient equity therein to satisfy the requirements of subsection (b) of this Code section."

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 158, nays 1.

WEDNESDAY, JANUARY 31, 1990

513

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

Representative Clark of the 13th stated that he wished to be recorded as voting "nay" on HB 1254.

HB 923. By Representatives Byrd of the 153rd, Greene of the 130th and Porter of the 119th:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to change the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, is amended by striking Code Section 10-4-106, relating to the maximum charges for handling and selling leaf tobacco, in its entirety and inserting in lieu thereof a new Code Section 10-4-106 to read as follows:
"10-4-106. The maximum charges and expenses of handling and selling leaf tobacco by warehousemen licensed under this part shall not exceed the following schedule, to wit:
(1) For auction fees, 15 on all piles or sheets of 100 pounds or less and 25 on all piles or sheets over 100 pounds;
(2) For weighing and handling, 10 per pile or sheet for all piles or sheets of 100 pounds or less and 10 for each additional 100 pounds;
(3) For commissions on the gross sales of leaf tobacco in said warehouses, not to exceed ~ 2 % percent of said gross sales."
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 N Abernathy
Adams Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey N Baker Y Balkcom
Y Bannister Y Barfoot
Bargeron

N Barnett,B N Bamett,M
N Bates Y Beck Y Benefield
Y Benn Y Birdsong N Bishop
N Bostick N Branch N Breedlove
Brooks N Brown NBuck

N Buford Y Byrd Y Campbell
N Carrell N Carter
Chambless
N Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
N Clark,L Y Coleman N Colwell

Connell Couch Y Crawford N Crosby N Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M N Dixon,H Y Dixon,S
Dobbs Y Dover YDunn

Edwards Y Ehrhart Y Felton
Fennel N Floyd,J.M
N Floyd,J.W Foster
y Godbee
Y Goodwin Green
Y Greene
Gresham Y Griffin
N Groover

514

JOURNAL OF THE HOUSE,

Y Hamilton Y Hanner Y Harris NHasty
Y Heard Y Herbert
N Holcomb N Holland Y Holmes NHooks Y Howren N Hudson Ylrwin
Y Isakson Jackson,J Jackson,W
Y Jamieson N Jenkins
Johnson Y Jones N Kilgore Y Kingston

N Lane,D
Y Lane,R Y Langford
N Lawrence Lawson
y Lee
Y Linder Long
y Lord
Lucas Y Lupton y Mangum
Martin N McCoy N McDonald N McKelvey Y McKinney,B Y McKinney,C
N Meadows Y Milam N Mobley N Moody

Y Morton
Y Moultrie YMueller
Oliver,C N Oliver,M YOrr
Orrock Y Padgett
N Pannell Parham
Y Parrish N Patten
Y Pettit Pinkston
N Poag
Y Porter N Poston Y Powell
Randall N Ransom NRay Y Reaves

N Redding
N Richardson Ricketson
N Robinson N Royal y Selman
N Simpson Sinkfield
Y Smith,L N Smith,P Y Smith,T
Smith,W N Smyre
NSnow N Stancil,F N Stancil,S Y Stanley N Steele N Stephens
N Streat Y Teper NThomas,C

YThomas,M YThompson
Thurmond N Titus Y Tolbert Y Townsend
Twiggs Y Vanghan
Y Waddle N Walker,C
Walker,L
Y Wall YWare N Watson N Watts N White N Wilder NWilliams,B E Williams,J N Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 80, nays 67.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

Representative White of the 132nd gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 923.

The Speaker assumed the Chair.

HB 1440. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Streat of the !39th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to provide for the use of writs of fieri facias and other civil remedies to collect delinquent payments, fines, costs, and restitution or reparations ordered as a condition of probation.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y B8Dnister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates y Beck
Y Benefield Y Benn

Y Birdsong Y Bishop
Y Bostick Y Br8Dch Y Breedlove
Brooks
Brown YBuck Y Buford YByrd YCampbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L

Y Coleman Y Colwell
Ytonnell Couch
Y Crawford Y Crosby Y Cummings,B
Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S
Dobhe Y Dover YDunn
Edwards YEhrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Foster Y Godbee Y Goodwin
Green Y Greene
Gresham Grifrm Y Groover Y Hamilton Y H8Dner YHarris YHasty
YHeard Y Herbert Y Holcomb Y Holland Y Holmes YHooks

Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston
Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson y Lee
Y Linder Long

WEDNESDAY, JANUARY 31, 1990

515

YLord Lucas
Y Lupton
YMangum Martin
Y McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie

Y Mueller Oliver,C
Y Oliver,M
Y Orr Orrock
Y Padgett Y Pannell YParbam Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell

Randall Y Ranaom YRay Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson
Royal Y Selman Y Simpson
Sinkfield Y Smith,L YSmith,P Y Smith,T
Smith,W

Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson Y Thurmond Y Titus Y Tolbert Y Townsend

y Twiggs
Y Vaughan
Y Waddle Y Walker,C Y Walker,L YWall
YWare Y Watson
Y Watts y White
Y Wilder Y WilliamsB E Williams:J Y Yatea 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.

Representative White of the 132nd gave notice that at the proper time he would move that the House disagree to the Unfavorable Report of the Committee on the following Resolution of the Senate:

SR 30.

By Senators Kidd of the 25th and Dawkins of the 45th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a state lottery, the proceeds from which shall be used for expenses in support of public education; to provide for the regulation of the state lottery; to prohibit other lotteries; to provide for the submission of this amendment for ratification or rejection.

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 until10:00 o'clock, tomorrow morning.

516

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 1, 1990

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. Bill Willis, Pastor, First Presbyterian Church, Fitzgerald, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:
HB 1647. By Representatives Davis of the 45th, Campbell of the 23rd, Thomas of the 69th, Simpson of the 70th, Morton of the 47th and others: A bill to amend Code Section 9-13-161 of the Official Code of Georgia Annotated, relating to where and when sales under execution are held, so as to provide for a change in the date of sheriff's sales under certain circumstances.
Referred to the Committee on Judiciary.
HB 1648. By Representatives Mueller of the 126th, Hamilton of the 124th, Allen of the 127th, Kingston of the 125th and Dixon of the 128th: A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, so as to provide that the chairman of the Board of Commissioners of Chatham County shall not serve more than two consecutive terms.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY I, 1990

517

HB 1649. By Representatives Mueller of the I 26th, Hamilton of the I 24th, Allen of the !27th, Kingston of the I 25th and Dixon of the !28th:
A bill to amend an Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that the Mayor shall not serve more than two consecutive terms.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1650. By Representatives Alford of the 57th and Waddle of the 113th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the minimum requirements of eligibility for certification as a land surveyorin-training; to change the minimum requirements of eligibility for certification as a land surveyor.
Referred to the Committee on Industry.

HB 1651. By Representatives Pettit of the 19th, Watson of the 114th, Aaron of the 56th and Smith of the !56th:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, so as to clarify the purpose of said chapter.
Referred to the Committee on Industry.

HB 1652. By Representative Richardson of the 52nd:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, the "Georgia Post-mortem Examination Act," so as. to provide for an additional condition under which a coroner shall be notified of a death; to require autopsies under certain conditions.
Referred to the Committee on Health & Ecology.

HB 1653. By Representative Redding of the 50th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide licensing sanctions for persons engaged in occupations or professions licensed by a state examining board who are convicted of certain offenses involving controlled substances or dangerous drugs.
Referred to the Committee on Judiciary.

HB 1654. By Representative Reaves of the I47th:
A bill to amend Code Section 26-2-32 of the Official Code of Georgia Annotated, relating to honey and imitation honey labels, so as to change the penalty for mislabeling products.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1656. By Representative Meadows of the 91st:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to the recall of public officers, so as to change and expand certain provisions regarding the scope of superior court review of certain sufficiency review petitions.
Referred to the Committee on Governmental Affairs.

518

JOURNAL OF THE HOUSE,

HB 1659. By Representatives Thurmond of the 67th, Holmes of the 28th, Walker of the 85th, Bishop of the 94th and Stephens of the 68th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a food tax credit for certain persons whose adjusted gross income does not exceed $20,000.00.
Referred to the Committee on Ways & Means.

HB 1660. By Representatives Kingston of the 125th and Dixon of the 128th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to authorize a county board of equalization by regulation to establish a notice of appeal filing fee not to exceed $20.00.
Referred to the Committee on Ways & Means.

HB 1661. By Representative Pannell of the 122nd:
A bill to amend Article 7 of Chapter 4 of Title 49, the "Georgia Medical Assistance Act of 1977," so as to provide for limitations upon certain allowable costs which may be reimbursed.
Referred to the Committee on Health & Ecology.

HB 1662. By Representative Buford of the 103rd:
A bill to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to authorize certain agreements to establish land bank authorities; to provide for definitions; to provide for the composition of the authority and its purposes, powers, duties, meetings, vacancies, organization, and staff.
Referred to the Committee on Judiciary.

HB 1663. By Representative Buford of the 103rd:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to provide for the continuation of certain personnel positions in the offices of district attorneys under certain circumstances; to provide for position transfers.
Referred to the Committee on Judiciary.

HB 1664. By Representatives Holland of the 136th, Royal of the 144th, Poston of the 2nd, Lane of the 27th, Irwin of the 13th and others:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to authorize local governing authorities empowered to grant a freeport exemption to reduce the amount of such exemption; to provide that no such reduction shall result in an exemption lower than 20 percent of the tangible personal property; to provide when any such reduction may become effective.
Referred to the Committee on Ways & Means.

THURSDAY, FEBRUARY 1, 1990

519

HR 731. By Representatives Snow of the 1st and McCoy of the 1st: A resolution designating the "Desmond T. Doss Medal of Honor Highway".
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 1611 HB 1612 HB 1613 HB 1614 HB 1615 HB 1616 HB 1617 HB 1618 HB 1619 HB 1620
HB 1621
HB 1622 HB 1623
HB 1624 HB 1625
HB 1634 HB 1635
HB 1636

HB 1637 HB 1638 HB 1639 HB 1640 HB 1641 HB 1642 HB 1643 HB 1644 HB 1645 HB 1646 HB 1655 HB 1657 HB 1658 HR 726 HR 729 SB 553 SB 614

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

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1208 Do Pass, by Substitute HB 1240 Do Pass
Respectfully submitted, /s/ Pinkston of the 100th
Chairman

Representative Lord of the 107th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following. recommendation:
HB 1342 Do Pass, as Amended
Respectfully submitted, /s/ Lord of the 107th
Chairman

520

JOURNAL OF THE HOUSE,

Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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

HB 1336 Do Pass, by Substitute HB 1465 Do Pass SB 265 Do Pass

HB 1570 Do Pass SB 415 Do Pass HB 1628 Do Pass

Respectfully submitted, /s/ Holmes of the 28th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health

& Ecology, submitted the following report:

'

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 580 Do Pass, by Substitute HB 1251 Do Pass, by Substitute HB 1457 Do Pass, as Amended
Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1557 Do Pass HB 1150 Do Pass, by Substitute HB 1161 Do Pass, by Substitute
Respectfully submitted,
Is/ Watson of the 114th
Chairman

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

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

THURSDAY, FEBRUARY 1, 1990

521

HB 1390 Do Pass HB 1392 Do Pass

HB 1565 Do Pass HB 1647 Do Pass
Respectfully submitted,
Is/ Thomas of the 69th
Chairman

Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1448 Do Pass
Respectfully submitted, /s/ Dixon of the 151st
Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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

HB 1515 Do Pass HB 1350 Do Pass, by Substitute
HB 1289 Do Pass HB 1608 Do Pass HB 1380 Do Pass

HB 509 Do Pass HB 1294 Do Pass, as Amended HB 1423 Do Pass HB 1339 Do Not Pass HB 1293 Do Pass, by Substitute

Respectfully submitted, /s/ Randall of the 101st
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1575 Do Pass HB 1576 Do Pass HB 1579 Do Pass

HB 1584 Do Pass HB 1586 Do Pass HB 1588 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

522

JOURNAL OF THE HOUSE,

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 Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1417 Do Pass, by Substitute SR 280 Do Pass

SR 306 Do Pass SR 307 Do Pass

Respectfully submitted,
Is/ Kilgore of the 42nd
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1299 Do Pass HB 1381 Do Pass

HB 1539 Do Pass, by Substitute HR 723 Do Pass

Respectfully submitted, /s/ Coleman of the 118th
Chairman

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

HB 1575. By Representative Meadows of the 91st:
A bill to amend an Act incorporating the City of Manchester, so as to provide that those members of the board of commissioners elected at the general election in November, 1988 shall serve until December 31, 1991.

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

HB 1576.

By Representatives Bates of the 141st and Long of the 142nd:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the boundaries of Decatur County; to provide a short title.

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

THURSDAY, FEBRUARY 1, 1990

523

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

HB 1579.

By Representatives Pannell of the 122nd, Dixon of the 128th, Hamilton of the 124th, Johnson of the 123rd and Mueller of the 126th:
A bill to amend an Act authorizing the Board of Public Education for the City of Savannah and the County of Chatham to adopt, establish, and administer a system of pensions for old age and disabilities of its teachers and employees, so as to change the provisions relating to the retirement 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 1584.

By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the lOth:
A bill to amend an Act re-creating and reincorporating the City of Woodstock, so as to change the compensation 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1586.

By Representatives Hasty of the 8th, Stancil of the 8th and Barnett of the lOth:
A bill to amend an Act creating a board of commissioners for Cherokee County, so as to provide that neither the chairman nor any commissioner shall be qualified for election to any position the term of office of which begins more than 30 days prior to the expiration of such chairman's or commissioner's present term of office.

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

HB 1588.

By Representative Meadows of the 9lst:
A bill to amend an Act incorporating the City of Manchester, so as to authorize the board of commissioners to levy an additional 10 percent on fines for violations of municipal ordinances; to provide that such funds be used for the construction, maintenance, and operation of a city jail.

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

524

JOURNAL OF THE HOUSE,

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

Representative Coleman of the 118th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1163.

By Representatives Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 42-4-32 of the Official Code of Georgia Annotated, relating to sanitation and health requirements of detention facilities generally, meals, inspections, and medical treatment, so as to change the provisions relating to sanitation and health requirements and standards; to repeal conflicting laws.

On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams
Y Aiken Y Alford Y Allen
Athon Y Atkins
Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot N Bargeron Y Barnett,B Y Barnett,M N Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop N Bostick Y Branch N Breedlove Y Brooks N Brown Y Buck Y Buford YByrd YCampbell N Carrell
Carter YChambless Y Chance N Cheeks

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

Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb N Holland N Holmes Y Hooks Y Howren
N Hudson N Irwin Y Isakson N Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones N Kilgore Y Kingston N Lane,D
Lane,R Y Langlord
Y Lawrence N Lawson YLee Y Linder NLong Y Lord
Lucas Y Lupton
Mangum
Martin Y McCoy N McDonald N McKelvey

On the motion, the ayes were 98, nays 52. The motion prevailed.

N McKinney,B Y McKinney,C
N Meadows Milam
N Mobley N Moody Y Morton Y Moultrie Y Mueller
Oliver,C Y Oliver,M Y Orr
Orrock N Padgett Y Pannell
YParham Parriah
N Patten N Pettit
Pinkston NPoag
Y Porter N Poston Y Powell y Randall
Y Ransom YRay Y Resves y Redding
Y Richardson N Ricketson Y Robinson y Royal
Selman Simpson
Y Sinkfield

Smith,L N Smith,P Y Smith,T
Y Smith,W Smyre
YSnow Y Stancii,F
Stancil.S Stanley Y Steele N Stephens Streat Y Teper NThomas,C YThomas,M YThompson YThurmond N Titus Y Tolbert Y Townsend N Twiggs
Y Vaughan
N Waddle Walker,C
N Walker,L NWall
Ware N Watson N Watts y White
YWilder Y Williams,B E Williams,J Y Yates NYeargin
Murphy,Spkr

Representative Byrd of the 153rd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 923. By Representatives Byrd of the 153rd, Greene of the 130th and Porter of the 119th:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.

THURSDAY, FEBRUARY 1, 1990

525

On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
N Adams Y Aiken N Alford Y Allen Y Athon Y Atkins
Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron N Barnett,B
N Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong
Y Bishop N Bostick N Branch Y Breedlove
Y Brooks Y Brown Y Buck N Buford Y Byrd N Campbell
Carrell N Carter YChambless
Y Chance N Cheeks

N Childers
Y Clark,B N Clark,H
Y Clark,L Y Coleman
Colwell Y Connell N Couch Y Crawford N Crosby Y Cummings,B Y Cummings,M N Davis,C Y Davis,G Y Davis,M N Dixon,H
Dixon,S N Dobbs Y Dover YDunn Y Edwards
Y Ehrhart N Felton Y Fennel Y Floyd,J.M N Floyd,J.W
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
Holcomb
N Holland Y Holmes Y Hooks Y Howren N Hudson Y Irwin Y Isakson Y Jackson,.!
Jackson,W Y Jamieson N Jenkins Y Johnson N Jones Y Kilgore Y Kingston N Lane,D YLane,R Y Langford
N Lawrence Y Lawson YLee N Linder Y Long Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy N McDonald Y McKelvey

Y McKinney,B
Y McKinney,C
N Meadows Milam
Y Mobley N Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C N Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
YParham Y Parrish N Patten Y Pettit
Pinkston Poag Y Porter N Poston YPowell y Randall N Ransom NRay
Y Reaves y Redding Y Richardson N Ricketson N Robinson NRoyal
Selman Simpson
Y Sinkfield

Smith,L N Smith,P
Y Smith,T YSmith,W
Smyre
Y Snow N Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat N Teper
NThomas,C Y Thomas,M Y Thompson YThurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan
N Waddle Walker,C
Y Walker,L Y Wall
Ware
Y Watson Watts
y White
Y Wilder Y Williams,B E Williams,.!
N Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 112, nays 43.
The motion prevailed.
Representative White of the 132nd moved that the House disagree to the Unfavorable Report of the Committee on the following Resolution of the Senate:
SR 30. By Senators Kidd of the 25th and Dawkins of the 45th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a state lottery, the proceeds from which shall be used for expenses in support of public education; to provide for the regulation of the state lottery; to prohibit other lotteries; to provide for the submission of this amendment for ratification or rejection. On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
N Adams
N Aiken N Alford NAllen N Athon N Atkins N Bailey
N Baker N Balkcom Y Bannister N Barfoot N Bargeron
N Bamett,B Y Bamett,M
N Bates N Beck N Benefield

Benn N Birdsong N Bishop N Bostick N Branch
N Breedlove Y Brooks N Brown NBuck N Buford N Byrd Y Campbell N Carrell N Carter N Chambless NChance N Cheeks N Childers Y Clark,B

Y Clark,H
N Clark,L N Coleman NColwell N Connell N Couch N Crawford
N Crosby N Cummings,B
Cummings,M
Y Davis,C
Y Davis,G N Davis,M N Dixon,H
N Dixon,S NDobbe N Dover NDunn
N Edwards

Y Ehrhart N Felton N Fennel N Floyd,J.M N Floyd,J.W N Foster
N Godbee Y Goodwin
Green N Greene N Gresham N Griff"m
N Groover N Hamilton N Hanner NHarris N Hasty NHeard
N Herbert

N Holcomb N Holland NHolmes N Hooks YHowren
N Hudson N Irwin
Y Isakson N Jackson,J
Jackson,W N Jamieson
N Jenkins Y Johnaon N Jones N Kilgore Y Kingston NLane,D
N Lane,R N Langford

526

JOURNAL OF THE HOUSE,

N Lawrence
N Lawson N Lee
Y Linder N Long
N Lord N Lucas N Lupton N Mangum
Martin
N McCoy
N McDonald N McKelvey N McKinney,B N McKinney,C N Meadows
Milam

N Mobley
N Moody N Morton
N Moultrie N Mueller
N Oliver,C N Oliver,M Y Orr N Orrock N Padgett
Y Pannell
N Parham N Parrish N Patten N Pettit N Pinkston N Poag

N Porter
N Poston N Powell
N Randall N Ransom
N Ray N Reaves N Redding N Richardson N Ricketson
N Robinson
N Royal Selman Simpson
N Sinkfield N Smith,L N Smith,P

On the motion, the ayes were 24, nays 143.

N Smith,T N Smith,W
Smyre
N Snow N Stancil,F N Stancil,S Y Stanley
N Steele N Stephens
N Streat N Teper NThomas,C
N Thomas,M N Thompson
Thurmond N Titus N Tolbert

Y Townaend NTwiggs Y Vaughan N Waddle N Walker,C
N Walker,L Y Wall NWare N Wataon N Watta Y White
YWilder NWilliams,B
E Williams,J N Yates N Yeargin
Murphy,Spkr

The motion was lost.

Representative Breedlove of the 60th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jackson of the 83rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

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

SB 336. By Senators Deal of the 49th, Barnes of the 33rd and Johnson of the 47th:
A bill to amend the Official Code of Georgia Annotated, so as to revise and supersede Title 24, relating to evidence; to provide for general provisions relating to the rules of evidence; to provide for a statement of purpose; to provide for construction; to provide for definitions; to provide for applicability of the rules of evidence; to provide for rulings on evidence.

SB 449. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Annotated, relating to assumption of duties by the chief clerk upon a vacancy occurring in the office of judge of the probate court, so as to change the provisions regarding the filling of such vacancy.

SB 457. By Senators Albert of the 23rd, Kidd of the 25th and Johnson of the 47th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to provide for reservation and transfer of rights of reproduction of works of fine art; to provide for rights of ownership of works of fine art and transfer thereof; to provide for reservation of certain rights in works of fine art.

THURSDAY, FEBRUARY 1, 1990

527

SB 464. By Senators Dawkins of the 45th and Edge of the 28th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to correct an error relative to the payment of benefits to dependents of a deceased employee; to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of insurance rates, rating plans or systems, or underwriting rules with the Commissioner of Insurance, so as to provide for the filing of workers' compensation insurance rates and for the updating of such rates on a periodic basis.

SB 472. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-34 of the Official Code of Georgia Annotated, relating to contempt powers of the judges of the probate courts, so as to change the penalty provisions applicable in cases of attachment for contempt.

SB 483. By Senator Fincher of the 54th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuring calendar year and thereafter in Whitfield County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

SB 489. By Senator Foster of the 50th:
A bill to amend Code Section 36-42-7 of the Official Code of Georgia Annotated, relating to the qualifications of directors of downtown development authorities, so as to change the provisions relating to such qualifications; to provide an effective date.

SB 512. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols and revolvers, so as to exclude persons convicted of an offense involving illegal.drugs from eligibility to receive or hold such licenses; to provide for definitions; to provide an effective date.

SB 523. By Senator Johnson of the 47th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the requirements of application and consent of the insured with reference to personal insurance, so as to authorize certain privately owned corporations and trusts providing benefits to employees to effectuate insurance upon their employees without obtaining consent; to provide for an effective date.

SB 540. By Senator Phillips of the 9th:
A bill to amend Code Section 7-1-650 of the Official Code of Georgia Annotated, relating to the powers of a credit union, so as to authorize the investment of certain funds of credit unions by the buying or selling of loan participations through certain financial institutions.

528

JOURNAL OF THE HOUSE,

SB 542. By Senators Kidd of the 25th and Land of the 16th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of the sale of alcoholic beverages on Sunday, so as to provide that in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing authority of the county or municipality may by resolution or ordinance authorize the sale of alcoholic beverages for consumption on the premises in any licensed establishment from 8:00 P.M. until 12:00 Midnight on any Sunday which falls on the thirty-first day of December.

SB 565. By Senator Johnson of the 47th:
A bill to amend Code Section 48-13-37 of the Official Code of Georgia Annotated, relating to preclusion of a right to bring an action for payment on a contract by a contractor in violati_on of the provisions relating to nonresident contractors, so as to allow cure to restore a right to bring an action on contract; to provide a civil penalty for failure to abide by the provisions relating to nonresident contractors; to provide for applicability.

SB 566. By Senator Egan of the 40th:
A bill to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to licensing procedures and requirements for bingo games, so as to provide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connection with obtaining and holding a license.

SB 567. By Senators Coleman of the 1st, Huggins of the 53rd and Olmstead of the 26th:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal Code Section 32-9-3, relating to financial assistance for transportation services for elderly and handicapped persons; to amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for certain persons authorized by nonprofit agencies to operate vehicles, so as to change a reference to a certain Code section.

SB 570. By Senators Scott of the 2nd, Langford of the 35th and Albert of the 23rd:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, relating to carnival ride safety, so as to require all carnival owners and operators to post a sign stating any age, weight, or height requirements for each ride; to provide for a minimum amount of insurance; to provide that the cost of ride inspection shall be no less than 80 percent of the actual cost of the inspection.

SB 575. By Senator English of the 21st:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide for a new article to be entitled the "Georgia Farm Animal and Research Facilities Protection Act"; to designate Code Sections 4-11-1 through 4-11-16 as Article 1 of said chapter; to provide for definitions; to provide for certain offenses; to provide the penalties for such offenses.

THURSDAY, FEBRUARY 1, 1990

529

SB 597. By Senators Foster of the 50th, Fincher of the 54th, Broun of the 46th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Georgia Education Trust to assist students and their parents in financing postsecondary education; to provide a short title; to provide for declaration of purpose and policies; to define certain terms.

SB 601. By Senators Turner of the 8th, McKenzie of the 14th, Kennedy of the 4th and others:
A bill to amend Part 1 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters regarding banks and trust companies, so as to provide that a securities broker or dealer shall not be deemed to be engaged in the business of receiving money for deposit or transmission with respect to certain business activities; to revise provisions relative to entities which may lawfully act as corporate fiduciaries.

SB 615. By Senators Turner of the 8th and McKenzie of the 14th:
A bill to amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the illegal use of financial transaction cards, so as to define a certain term; to provide an editorial change; to further define the offense of financial transaction card fraud; to provide for penalties.

HB 1195.

By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Ricketson of the 82nd, Kingston of the 125th and others:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter.

HB 1247.

By Representatives Birdsong of the 104th and Barnett of the lOth:
A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that the proposed demolition of certain county courthouses must be submitted to the voters of the county for approval or rejection; to provide for the application of the provisions of Chapter 2 of Title 21, the "Georgia Election Code".

HB 1406. By Representatives Beck of the 148th, Pinkston of the lOOth, Padgett of the 86th and Connell of the 87th:
A bill to amend Chapter 5 of Title 7 of the Official Code of Georgia Annotated, relating to credit cards and credit card banks, so as to revise the provisions relative to the interest, finance charges, and other fees and charges which may be imposed and collected by a domestic lender or credit card bank; to provide that certain charges and fees shall be deemed to be interest for the purposes of certain state and federal laws.

SB 624. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," as amended, so as to increase the civil penalty for a violation of wastewater pretreatment regulations from a maximum of $750.00 per day to a maximum of $1,000.00 per day.

530

JOURNAL OF THE HOUSE,

HB 840. By Representatives Clark of the 20th, Ehrhart of the 20th, Howren of the 20th and Gresham of the 21st:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to change the provisions regarding the appointment and election of members of the Authority and provide for qualifications and vacancies.

HB 1341. By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to authorize the expenditure of municipal funds for certain purposes.

HB 1343.

By Representatives Milam of the 81st and Ware of the 77th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to establish the Municipal Court of the City of LaGrange.

HB 1378.

By Representatives Wall of the 61st, Jackson of the 9th, Mobley of the 64th, Orr of the 9th, Breedlove of the 60th and others:
A bill to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption; to provide for an exception with respect to land in excess of one acre.

HB 1398.

By Representatives Isakson of the 21st, Clark of the 20th, Gresham of the 21st, Aiken of the 21st, Thompson of the 20th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, so as to clarify the terms of office of its members.

HB 1407.

By Representative Yeargin of the 14th:
A bill to amend an Act reconstituting and re-creating the Board of Education of Elbert County, so as to provide for the monthly compensation and expenses for the members of the Board of Education of Elbert County; to provide for authority.

HB 1413.

By Representative Adams of the 79th:
A bill to provide for the merger and consolidation of the existing Upson County School System and the existing City of Thomaston Independent School System into a single county-wide school system; to provide that such unified school system shall be known as the Thomaston-Upson County School System.

HB 1420.

By Representative Meadows of the 91st:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Meriwether County and creating the office of tax commissioner of said county, so as to change the salary of the tax commissioner.

HB 1424.

By Representatives Beck of the !48th, Patten of the !49th and Reaves of the !47th:
A bill to repeal an Act fixing the compensation of the members of the Board of Education of Lowndes County, to provide for an effective date.

THURSDAY, FEBRUARY 1, 1990

531

HB 1431. By Representative Ricketson of the 82nd: A bill to provide a new charter for the City of Norwood.

HB 1461. By Representative Long of the 142nd:
A bill to amend an Act providing a new charter for the City of Whigham, so as to change the provisions relating to the election and terms of the mayor and councilmen.

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

HB 663. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence.

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

SR 335. By Senator Kennedy of the 4th:
A resolution authorizing the conveyance of certain state owned real property located in Tattnall County, Georgia; to provide an effective date.

SR 336. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a water supply distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in McDuffie County, Georgia; to provide an effective date.

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

SB 556. By Senators Broun of the 46th and Foster of the 50th:
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 expressly that the Board of Regents of the University System of Georgia is not subject to the Act; to provide that the State Board of Education and the Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Education.

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

532

JOURNAL OF THE HOUSE,

SB 336. By Senators Deal of the 49th, Barnes of the 33rd and Johnson of the 47th:
A bill to amend the Official Code of Georgia Annotated, so as to revise and supersede Title 24, relating to evidence; to provide for general provisions relating to the rules of evidence; to provide for a statement of purpose; to provide for construction; to provide for definitions; to provide for applicability of the rules of evidence; to provide for rulings on evidence.
Referred to the Committee on Judiciary.

SB 449. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Annotated, relating to assumption of duties by the chief clerk upon a vacancy occurring in the office of judge of the probate court, so as to change the provisions regarding the filling of such vacancy.
Referred to the Committee on Special Judiciary.

SB 457. By Senators Albert of the 23rd, Kidd of the 25th and Johnson of the 47th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to provide for reservation and transfer of rights of reproduction of works of fine art; to provide for rights of ownership of works of fine art and transfer thereof; to provide for reservation of certain rights in works of fine art.
Referred to the Committee on Special Judiciary.

SB 464. By Senators Dawkins of the 45th and Edge of the 28th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to correct an error relative to the payment of benefits to dependents of a deceased employee; to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of insurance rates, rating plans or systems, or underwriting rules with the Commissioner of Insurance, so as to provide for the filing of workers' compensation insurance rates and for the updating of such rates on a periodic basis.
Referred to the Committee on Industrial Relations.

SB 472. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-34 of the Official Code of Georgia Annotated, relating to contempt powers of the judges of the probate courts, so as to change the penalty provisions applicable in cases of attachment for contempt.
Referred to the Committee on Special Judiciary.

SB 483. By Senator Fincher of the 54th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuring calendar year and thereafter in Whitfield County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs.

THURSDAY, FEBRUARY 1, 1990

533

SB 489. By Senator Foster of the 50th:
A bill to amend Code Section 36-42-7 of the Official Code of Georgia Annotated, relating to the qualifications of directors of downtown development authorities, so as to change the provisions relating to such qualifications; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.
SB 512. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols and revolvers, so as to exclude persons convicted of an offense involving illegal drugs from eligibility to receive or hold such licenses; to provide for definitions; to provide an effective date.
Referred to the Committee on Special Judiciary.
SB 523. By Senator Johnson of the 47th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the requirements of application and consent of the insured with reference to personal insurance, so as to authorize certain privately owned corporations and trusts providing benefits to employees to effectuate insurance upon their employees without obtaining consent; to provide for an effective date.
Referred to the Committee on Insurance.
SB 540. By Senator Phillips of the 9th:
A bill to amend Code Section 7-1-650 of the Official Code of Georgia Aimotated, relating to the powers of a credit union, so as to author.ize the investment of certain funds of credit unions by the buying or selling of loan participations through certain financial institutions.
Referred to the Committee on Banks & Banking.

SB 542. By Senators Kidd of the 25th and Land of the 16th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of the sale of alcoholic beverages on Sunday, so as to provide that in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing authority of the county or municipality may by resolution or ordinance authorize the sale of alcoholic beverages for consumption on the premises in any licensed establishment from 8:00 P.M. until 12:00 Midnight on any Sunday which falls on the thirty-first day of December.
Referred to the Committee on Regulated Beverages.

SB 556. By Senators Broun of the 46th and Foster of the 50th:
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 expressly that the Board of Regents of the University System of Georgia is not subject to the Act; to provide that the State Board of Education and the Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Education.
Referred to the Committee on University System of Georgia.

534

JOURNAL OF THE HOUSE,

SB 565. By Senator Johnson of the 47th:
A bill to amend Code Section 48-13-37 of the Official Code of Georgia Annotated, relating to preclusion of a right to bring an action for payment on a contract by a contractor in violation of the provisions relating to nonresident contractors, so as to allow cure to restore a right to bring an action on contract; to provide a civil penalty for failure to abide by the provisions relating to nonresident contractors; to provide for applicability.
Referred to the Committee on Judiciary.

SB 566. By Senator Egan of the 40th:
A bill to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to licensing procedures and requirements for bingo games, so as to provide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connection with obtaining and holding a license.
Referred to the Committee on Industry.

SB 567. By Senators Coleman of the 1st, Huggins of the 53rd and Olmstead of the 26th:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal Code Section 32-9-3, relating to financial assistance for transportation services for elderly and handicapped persons; to amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for certain persons authorized by nonprofit agencies to operate vehicles, so as to change a reference to a certain Code section.
Referred to the Committee on Transportation.

SB 570. By Senators Scott of the 2nd, Langford of the 35th and Albert of the 23rd:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, relating to carnival ride safety, so as to require all carnival owners and operators to post a sign stating any age, weight, or height requirements for each ride; to provide for a minimum amount of insurance; to provide that the cost of ride inspection shall be no less than 80 percent of the actual cost of the inspection.
Referred to the Committee on Industry.

SB 575. By Senator English of the 21st:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide for a new article to be entitled the "Georgia Farm Animal and Research Facilities Protection Act"; to designate Code Sections 4-11-1 through 4-11-16 as Article 1 of said chapter; to provide for definitions; to provide for certain offenses; to provide the penalties for such offenses.
Referred to the Committee on Agriculture & Consumer Affairs.

THURSDAY, FEBRUARY 1, 1990

535

SB 597. By Senators Foster of the 50th, Fincher of the 54th, Broun of the 46th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Georgia Education Trust to assist students and their parents in financing postsecondary education; to provide a short title; to provide for declaration of purpose and policies; to define certain terms.
Referred to the Committee on Education.

SB 601. By Senators Turner of the 8th, McKenzie of the 14th, Kennedy of the 4th and others:
A bill to amend Part 1 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters regarding banks and trust companies, so as to provide that a securities broker or dealer shall not be deemed to be engaged in the business of receiving money for deposit or transmission with respect to certain business activities; to revise P.rovisions relative to entities which may lawfully act as corporate fiduciaries.
Referred to the Committee on Banks & Banking.

SB 615. By Senators Turner of the 8th and McKenzie of the 14th:
A bill to amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the illegal use of financial transaction cards, so as to define a certain term; to provide an editorial change; to further define the offense of financial transaction card fraud; to provide for penalties.
Referred to the Committee on Banks & Banking.

SB 624. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," as amended, so as to increase the civil penalty for a violation of wastewater pretreatment regulations from a maximum of $750.00 per day to a maximum of $1,000.00 per day.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 335. By Senator Kennedy of the 4th:
A resolution authorizing the conveyance of certain state owned real property located in Tattnall County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 336. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a water supply distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in McDuffie County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

536

JOURNAL OF THE HOUSE,

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

SB 262. By Senators Bowen of the 13th and Timmons of the 11th:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Division of the Department of Public Safety, so as to change certain qualifications.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Division of the Department of Public Safety, so as to change certain qualifications; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Division of the Department of Public Safety, 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) No person shall be eligible for appointment as an officer or trooper of the Uniform Division unless such person is a Dati~e herD citizen of the United States 8ftti prefertthly 6f GeMgia, of good health and good moral character, and not less than 21 years of age nor more than 36 years of age at the time of appointment."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Aaron Abernathy
Y Adams Aiken
Y Alford Y Allen Y Athon
Atkins Y Bailey
Y Baker Y Balkcom
Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield Y Benn
Birdsong
Y Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown

Y Buck
Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Ciark,B
Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby
Cummings,B Cummings,M
Y Davis,C Y Davis,G Y Davis,M YDixon,H Y Dixon,S Y Dobbs

Y Dover YDunn
Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Greene Y Gresham Y Griffin
Y Groover Hamilton
Hanner YHarris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren

Y Hudson
Ylrwin 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
Linder YLong y Lord
Lucas Y Lupton y Mangum
Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney,C YMeadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C Oliver,M
Y Orr
Orrock Y Padgett Y Pannell
YParbam Y Parrish Y Patten
Pettit Y Pinkston
Poag
Porter Y Poston Y Powell y Randall
YRansom YRay

THURSDAY, FEBRUARY 1, 1990

537

YReaves y Redding
Y Richardson Y Ricketson
Robinson y Royal
YSelman Simpson
Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T
YSmith,W Smyre
YSnow Y Stancil,F Y Stancil.S Y Stanley

Y Steele Y Stephens
Y Streat Y Teper
YThomas,C YThomas,M YThompson
Thurmond Y Titus

Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware

Y Watson Y Watts
White
Wilder Y Williams,B E Williams,J Y Yatee YYeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 1149. By Representative Allen of the 127th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty".

The following Committee substitute was read:

A BILL
To amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty"; to provide that certain determinations shall not be considered in the determination of whether a law enforcement officer is entitled to certain other benefits; 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 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking subparagraph (C) of paragraph (4) of said Code section in its entirety and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such officer. A law enforcement officer wh6 is while performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing
permanent disability shall ft6t be considered !Q be acting in the line of duty if such death Q! bodily injury causing permanent disability occurred ~ !! result Qf criminal activity Q! such law enforcement officer's attempt !2 prevent !! criminal activity Q! such law enforcement officer's attempt !Q apprehend the perpetrator Qf !! criminal act. The determination that !! law enforcement officer suffered !! loss !!! the line Qf duty and ~
entitled to indemnification pursuant to this article shall not be considered in the deter-
lllilliition-Qf the entitlement Qf such Officer !Q workers' compensation, disabilitY,'health,
Q! other benefits from his public employer; or".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

538

JOURNAL OF THE HOUSE,

Representative Martin of the 26th moves to amend the Committee substitute to HB 1149 by striking on line 10 of page 2 the following:
"public", and inserting in lieu thereof the following:
"public Q! private".

Representatives Alford of the 57th and Jackson of the 83rd move to amend the committee substitute to HB 1149 by striking lines 19 through 27 on page 1 and lines 1 through 4 on page 2, which read as follows:
"(C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such officer. A law enforcement officer whe is while performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing
permanent disability shall ft6t be considered !2 be acting in the line of duty !f such death Q! bodily injury causing permanent disability occurred ~ !! result 2f criminal activity Q! such law enforcement officer's attempt !2 prevent !! criminal activity Q! such law enforcement officer's attempt !2 apprehend the perpetrator 2f!! criminal act. The",
and inserting in lieu thereof the following:
"(C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such officer. A law enforcement officer who is performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing permanent disability shall not be considered in the line of duty unless he has left the scope
2f his employment for the private employer for the direct purpose 2f enforcing Q! attempting !2 enforce the criminal Q! traffic laws, preserving Q! attempting !2 preserve public order, protecting Q! attempting !2 protect life Q! property, attempting !2 prevent crime, detecting Q! attempting !2 detect crime, Q! investigating Q! attempting !2 investi-
~ crime. 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 Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield Y Benn
Birdsong

Y Bishop
Y Bostick Y Branch
Y Breedlove Brooks
Y Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter YChamblesa YChance Y Cheeks Y Childers Y Clark,B
Clark,H
Y Clark,L YColeman
Colwell

Y Connell
Y Couch Y Crawford Y Crosby
Cummings,B Cummings,M Y Davia,C Y Davia,G Y Davia,M
Dixon,H Y Dixon,S y Dobbs
Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Footer

y Godbee
Y Goodwin
Green Y Greene
Gresham Y Griffm Y Groover
Hamilton Hanner y Harris y Hasty
YHeard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Y Irwin Y Isakson

Y Jackson,J Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong
YLord Lucas
Y Lupton y Mangum y Martin

THURSDAY, FEBRUARY 1, 1990

539

Y McCoy
McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley
Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr

Y Orrock
Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston Poag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay

YReaves Y Redding
Y Richardson Y Ricketson Y Robinson y Royal y Selman
Simpson Y Sinkfield Y Smith,L Y Smith,P YSmith,T Y Smith,W
Smyre YSnow

Y Stancil,F
Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper
YThomas,C Thomas,M
YThompoon Thurmond
Y Titus Y Tolbert Y Townsend y Twiggs

Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall YWare
Y Watson Y Watts
White Wilder Y WilliameB E Williams:J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

HB 1053. By Representatives Redding of the 50th, Wilder of the 21st, Davis of the 29th, Randall of the lOlst and Clark of the 55th:
A bill to amend Code Section 50-13-4 of the Offi.cial 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.

The following Committee substitute was read and adopted:

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for certain actions relating to agency rules, is amended by striking subsection (g) thereof and inserting in its place a new subsection (g) to read as follows:
m "(g) (1) Subsection (f) of this Code section shall not apply to the Department
Medieal: ,<\ssistaHee ft6f' t6 the Environmental Protection Division of the Department of Natural Resources, but paragraph (2) of this .subsection shall apply to the Depart-
m ment Medieal: AssistaHee 8Hd t6 the Environmental Protection Division of the
Department of Natural Resources. (2) In the event the chairman of any standing committee to which a proposed rule
m relative to the Department Medieal: Assistanee 61' t6 the Environmental Protection
Division of the Department of Natural Resources is assigned notifies the agency that the committee objects to the adoption of the rule or hils questions concerning the purpose, nature, or necessity of the rule, it shall be the duty of the agency to consult with the committee prior to the adoption of the rule."
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.

540

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 Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield Y Benn
Birdsong Y Bishop Y Boetick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford y Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H
Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby
Cummings,B Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Dixon,S Dobbs Y Dover YDunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Green Y Greene Gresham YGriffin Y Groover Y Hamilton Hanner

Y Harris Y Hasty
Y Heard Herbert
Y Holcomb Y Holland Y Holmes
Hooks Howren Y Hudson Y Irwin Ylsakson Y Jackson,J Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton y Mangum y Martin
Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell YParharn Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves y Redding Y Richardson Y Ricketson Y Robinson y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Y Smith,T Y Smith,W
Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat Y Teper YTbomas,C
YTbomas,M YTbompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker,C Y Walker,L YWall
YWare Y Watson Y Watts
White Wilder Y Williams,B E 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.

HB 1435.

By Representatives Twiggs of the 4th and Coleman of the 118th:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to jurisdiction and duties of the Uniform Division of the Department of Public Safety, so as to expressly and affirmatively grant certain law enforcement jurisdiction over highway safety rest areas to the Uniform Division.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1436. By Representatives Twiggs of the 4th and Thomas of the 69th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the criminal offense of trafficking in cocaine, illegal drugs, or marijuana, so as to change the elements of and punishment for the offense of trafficking in marijuana.

THURSDAY, FEBRUARY 1, 1990

541

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1349. By Representative Groover of the 99th:
A bill to amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a uniform statutory rule against perpetuities; to provide for a short title; to provide when a nonvested property interest or power of appointment is created.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1349 by adding, following the word "matters" on line 11 of page 1 the following:
"; to provide an effective date". By striking from line 6 of page 6, line 13 of page 6, and line 15 of page 6 the following: "July", and inserting in lieu thereof the following: "May". By striking lines 27 and 28 of page 6 and inserting in lieu thereof the following: "Section 3. This Act shall become effective May 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, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 103, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 516. By Senators English of the 21st, Echols of the 6th and Ragan of the lOth:
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 instances when food shall be deemed to be adulterated; to provide that food containing certain pesticide residues shall be deemed to be adulterated and unsafe.

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

The Speaker Pro Tern assumed the Chair.

542

JOURNAL OF THE HOUSE,

SB 517. By Senators English of the 21st, Echols of the 6th and Ragan of the lOth:
A bill to amend Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and control of disease in livestock, so as to provide that it shall be the duty of all state, county, municipal, and other law enforcement officers to enforce and assist in enforcement of the provisions of such chapter.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and control of disease in livestock, so as to provide that at the request of the Commissioner of Agriculture it shall be the duty of all state, county, municipal, and other law enforcement officers to enforce and assist in enforcement of the provisions of such chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and control of disease in livestock, is amended by striking subsection (d) of said Code section and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other politi-
cal subdivision of this state to enforce this chapter. At the request 2f the Commissioner 2f Agriculture, _\!; shall be the duty 2f all state, county, municipal, and other law enforce-
ment officers !!! this state !Q enforce and !Q assist the Commissioner and the employees
and agents 2f the department!!! the enforcement 2f 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 ayes were 94, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 518. By Senators English of the 21st, Echols of the 6th and Ragan of the lOth:
A bill to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Marketing Act of 1981," so as to change the definition of the term "farmers' market"; to change the provisions relating to the rental or leasing of real property; to provide for the powers and duties of the Commissioner of Agriculture.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 1, 1990

543

HB 1151.

By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide that in addition and incidental to the powers of enforcement personnel of the Public Service Commission to inspect motor common carriers and motor contract carriers and to determine if such motor carriers are complying with certain laws, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of certain drug laws.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide that in addition and incidental to the powers of enforcement personnel of the Public Service Commission to inspect motor common carriers, motor contract carriers, and private carriers and to determine if such motor carriers are complying with certain laws, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of certain drug laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, is amended by striking in its entirety subsection (b) of Code Section 46-7-28, relating to the employment and compensation of enforcement personnel of the Public Service Commission with respect to the regulation of motor common carriers, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The commission is vested with police powers and authority to designate, deputize, and delegate to employees of the commission the necessary authority to enforce this article, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this article and all other laws regulating the use of the public highways by motor vehicle common carriers, and to arrest all persons found in
violation thereof. In addition and incidental !Q the powers Qf enforcement personnel !Q
inspect motor vehicles and !Q determine whether such vehicles are complying with laws
relating !Q the use Qf the public highways Qy motor contract carriers, such enforcement
personnel shall have the responsibility and power !Q arrest !!!!Y person who ~ commit-
!!!!g an unlawful act !!! violation Qf Article ~ Qf Chapter 13 Q.f Title ~ the 'Georgia Controlled Substances Act,' Q! Article Q Qf Chapter 13 Qf Title ~ the 'Dangerous Drug
Act."'
Section 2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 46-7-70, relating to the employment and compensation of enforcement personnel of the Public Service Commission with respect to the regulation of motor contract carriers, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The commission is vested with police powers and authority to designate, deputize, and delegate to employees of the commission the necessary authority to enforce this article, including the power to stop and inspect all motor vehicles using the public highways and determine whether such vehicles have complied and are complying with this article and all other laws regulating the use of the public highways by motor vehicle contract carriers,. and to arrest all persons found in violation of this article. In addition and
incidental !Q the powers Q.f enforcement personnel !Q inspect motor vehicles and !Q determine whether such vehicles are complying with laws relating !Q the use Qf the pub-
lic highways .Qy motor contract carriers, such enforcement personnel shall have the
responsibility and power !Q arrest !!!!Y person who ~ committing an unlawful act !!! violation Q.f Article ~ Qf Chapter 13 Qf Title ~ the 'Georgia Controlled Substances Act,' Q! Article QQ.f Chapter 13 Qf Title ~ the 'Dangerous Drug Act."'

544

JOURNAL OF THE HOUSE,

Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 46-7-101, relating to private carrier vehicle safety inspections, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The commission will arrange for inspection of any vehicle as expeditiously as possible. Inspections will be performed at a place or places and at times mutually agreed upon by the private carrier and the commission. In addition and incidental !:Q the pow-
ers Qf enforcement personnel !:Q inspect such motor vehicles Qf private carriers and .!Q
determine whether such vehicles are complying with safety requirements, such enforcement personnel shall have the responsibility and power !:Q arrest !!!!Y person who ~com
mitting an unlawful act !!! violation Qf Article ~ Qf Chapter 13 Qf Title !&,_ the 'Georgia
Controlled Substances Act,' Q! Article ;! Qf Chapter 13 Qf Title !&,_ the 'Dangerous Drug Act."'
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 92, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1446. By Representatives Thomas of the 69th, Walker of the 115th, Connell of the 87th and Murphy of the 18th:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, .indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions relating to the distribution of the Georgia Laws.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 1, 1990

545

HB 1415. By Representatives Parrish of the 109th, Cummings of the 17th, Baker of the 51st and Clark of the 13th:
A bill to amend Code Section 47-20-36 of the Official Code of Georgia Annotated, relating to reports of actuarial investigations on retirement bills having a fiscal impact, so as to change the date for the completion of such actuarial investigations.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills in the General Assembly under the "Public Retirement Systems Standards Law," so as to provide for an additional definition of a nonfiscal retirement bill; to change certain dates relative to actuarial investigations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills in the General Assembly under the "Public Retirement Systems Standards Law," is amended by adding immediately following paragraph (4) of Code Section 47-20-30, relating to definitions applicable to retirement bills in the General Assembly, a new paragraph (4.1) to read as follows:
"(4.1) 'Nonfiscal retirement bill' also means a retirement bill which removes or increases a mandatory retirement age of a retirement system or which removes or modifies provisions of a retirement system requiring forfeiture of benefits upon failure to retire upon reaching a mandatory retirement age or which provides for any combination of the foregoing."
Section 2. Said article is further amended by striking subsection (a) of Code Section 47-20-35, relating to the perfection of bills by the committee, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) A retirement bill having a fiscal impact which the committee wishes to consider shall first be perfected, if necessary, by the committee. The committee may delay further consideration of the bill until after the close of the regular session during which the bill was introduced, but the committee shall complete its consideration of the bill for submission to the state auditor under Code Section 47-20-36 by not later than the fil'!!i day 6f Attgusi July 15 immediately following the close of the legislative session. The committee shall be authorized to meet for not more than five days, unless additional days are authorized by the President of the Senate for the Senate committee or by the Speaker of the House for the House committee, during the period beginning with the day following the close of the session and ending on July tJ; 1 immediately following the close of the session for the purpose of considering and perfecting the bill. If the bill originated in the Senate, the House Committee on Retirement shall be authorized to meet with the Senate Committee on Retirement to consider and perfect a bill during the period following the close of a regular session, and, if the bill originated in the House, the Senate Committee on Retirement shall have the same authority. The committees may adopt such procedures as they find appropriate for conducting meetings at which both committees are present as authorized by this subsection. For attending meetings of their respective committees as authorized by this subsection, the members of the Senate and House committees on retirement shall receive the expenses and allowances provided by law for members of legislative interim committees. If a retirement bill having a fiscal impact is changed by the committee to which it is assigned, such change shall be accomplished only by a substitute bill, and no committee amendment to the bill, except by substitute, shall be authorized."

546

JOURNAL OF THE HOUSE,

Section 3. Said article is further amended by striking subsections (a) and (b) of Code Section 47-20-36, relating to reports of actuarial investigations on retirement bills having a fiscal impact, in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) If an actuarial investigation of a retirement bill having a fiscal impact is requested under Code Section 47-20-35, it shall be the duty of the state auditor to complete or cause to be completed such actuarial investigation by not later than December
l November 1 of the same year during which the request for the actuarial investigation
was made. The actuarial investigation shall include, but shall not be limited to, findings on the following factors as such factors are relevant to the retirement bill under consideration:
(1) The dollar amount of the unfunded actuarial accrued liability which will result from the bill for the retirement system affected by the bill;
(2) The dollar amount of the annual normal cost which will result from the bill for the retirement system affected by the bill;
(3) A statement of the employer contribution rate currently in effect for the retirement system affected by the bill;
(4) A statement of the employer contribution rate, which must be in conformity with the minimum funding standards specified by Code Section 47-20-10, recommended for the retirement system affected by the bill; and
(5) A statement of the dollar amount of the increase in the annual employer contribution, if an existing retirement system is affected by the bill, or a statement of the total annual employer contribution, if a new retirement system is established by the bill, which will be necessary to maintain the retirement system affected or established by the bill in an actuarially sound condition.
(b) By not later than Deeember l November 1 of the same year that the request for
an actuarial investigation was made, the completed actuarial investigation shall be submitted by the state auditor to the chairman of the committee who requested it along with a summary of the actuarial investigation which shall include the relevant findings specified in subsection (a) of this Code section."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 91, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1095.

By Representatives Moore of the 139th, Jamieson of the 11th, 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.

The following Committee substitute was read and adopted:

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 for certain members of said retirement system, so as to change the provisions relating to the retirement allowances of such members; to change the provisions relating to employee contributions of such members; to

THURSDAY, FEBRUARY 1, 1990

547

provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. 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 for certain members of said retire-

ment system, is amended by striking subsections (b) and (c) in their entirety and substi-

tuting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) ill Every member subject to this Code section shall, upon becoming eligible

under the provisions of this chapter, be entitled to a service retirement allowance,

which shall consist of:
tB 1A}_ An annuity which shall be the actuarial equivalent of the member's accu-

mulated contributions at the time of retirement; and
~ fiD AD !lftfttlftl ~ monthly pension which, together with the annuity, shall

provide a total retirement allowance equal to more than 1.5 percent, but not greater

than _g percent, the actual percent !Q be set Qy_ the board Qf trustees !!!_ direct rela-

tion !Q the amount Qf increased appropriations provided Qy_ the General Assembly _!;Q fund the provisions Qf this paragraph, of the member's average fimtl monthly

compensation over the eight consecutive calendar quarters of creditable service pro-

ducing the highest such average, multiplied by the number of his the member's

years of creditable service.

-

ill !file For members subject !Q this Code section, the calculation of retirement

benefits or allowances for any other form or type of retirement shall also be based

upon the faregaiitg meth6ft 6f ealettlatiatt calculations provided for _!!! paragraph (1)

Qf this subsection. For the purposes of the faregaittg ealettlatiatt calculating average monthly compensation ~ described_!!! subparagraph (B) Qf paragraph ill Qf this sub-

section, any increase or decrease in salary in excess of two 5 percent increases or

decreases during Stteh the eight consecutive calendar quarters on which such average

monthly compensation ~ based shall be disregarded.

(c) From and after July 1, -1982 1990, every member subject to this Code section

shall contribute employee membership contributions in the amount of 6fte-half 6f l 1 Vz

percent of earnable compensation, which shall be deducted by each employer from the

earnable compensation of each member for each and every payroll period and paid

monthly to the board of trustees. Of the 6fte-half 6f l 1 Vz percent deducted from the

earnable compensation of members, atte fattrth 6f l 1 14 percent shall be credited to the

individual accounts of the members in the annuity savings fund and the remaining one-

fourth of 1 percent shall be credited to the group term life insurance fund in lieu of any

other deduction therefor. In the event a member is not covered by group term life insur-

ance, the entire 6fte-half 6f l 1 Vz percent deducted from the member's earnable com-

pensation shall be credited to his the member's individual account in the annuity

savings fund."

-

Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 104, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

548

JOURNAL OF THE HOUSE,

HB 752. By Representative Parrish of the 109th:
A bill to amend Code Section 47-13-40 of the Official Code of Georgia Annotated, relating to membership in the District Attorneys' Retirement System, so as to authorize certain members to transfer their membership to the Employees' Retirement System of Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HB 754. 'By Representative Parrish of the 109th:
A bill to amend Code Section 47-2-163 of the Official Code of Georgia Annotated, relating to the provision of the Employees' Retirement System of Georgia authorizing survivors benefits for members of the General Assembly, so as to change the provisions relating to such coverage for survivors benefits.

The following Committee substitute was read and adopted:

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 change the provisions relating to the survivors benefits or group term life insurance program for members, certain former members, and retired members of the retirement system; to change the provisions relating to contracts for programs; to authorize the board of trustees to provide for survivors benefits or group term life insurance for members of the General Assembly; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by striking Code Section 47-2-128, relating to the survivors benefits or group term life insurance program, in its entirety and substituting in lieu thereof a new Code Section 47-2-128 to read as follows:
"47-2-128. (a) Wherever the term 'survivors benefits' is used or referred to in this chapter, it shall be construed to be group term life insurance.
(b) Eligibilit:y fel' sttr i. 6rs beHefits shftH tie estsblishe6. tlftfter tfte ful16" iHg e6ftditi6fts:
(1) AH:y empi6:Y ee wft6 6ft Jttly l-; m , fttt6. ft6t l'e8efteti sge &6 8ft6. wft6 W8S tfteH
s e6fttribtttiftg member 6f tfte retiremeftt system shftH tie eligible fel' sttr i, 6rs beHefits ttftfter tfte pHm ~ by tfte OO!Iltl 6f tntstees;
m (2) AH:Y empl6:yee wft6 6ft Jttly l-; -1%3-; W8S 1lt letisi -66 yeMS 6f sge; wft6 W8S
si8te empleymeHt 6ft .ffifttHtry l-; m , 8ft6. wft6 W8S fl e6fttribtttiftg member 6f tfte
retiremeftt system shftH tie eligible fel' sttr i. 6rs beHefits, btti 6ftly 6ft flft stijttste6. fleitt-
ttrifll bttsis:
m (3) AH:y pel'S6ft wft6 W8S si8te empl6:y meftt 6ft .ffifttHtry l-; m , 8ft6. W8S ft6t tfteH
eligible fel' membership btti wft6 lflter, wiiOOttt 1l -bre!tk ffi serviee; bee8me 1l e6Htribttt iftg member 6f tfte system shftH tie eligible fel' sttrvi, 6rs beHefits sppliesble 8t ftis tfteH 1ltt8ifled sge;
f4)----N6 member wft6 ftf1s either le1lChed sge ffl- 88 6f Mttreft ~ !9'7'7, er ftf1s l'e8efteti tft1lt sge prier t6 ettteriftg er reeftteriftg tfte retiremeHt system 8ft6. wft6 either ftf1s trsHsferre6. t6 tfte retiremeftt system er efttere6. er reefttere6. empl6:Y meftt 1lfter

THURSDAY, FEBRUARY 1, 1990

549

January r, i953; shaH be eligible fur surviv6rs benefits, tmless 6ft 6l befure Deeember
3l; !9!f!t; he files with ihe OOard 6f irtlstees ft written ft6tiee ffl his cleeti6n ffl mteb e6versge. !fhe OOard 6f irtlstees is auth6rized and direeted t6 undertake all adminis irfttive dttties neeessar~ t6 transfer ihe e6ntributi6ns "'ithheld fr6m stJeft- member- 6l 6ft St1eft member's beftfllf fr6m a-ny ftee6tlftt within ihe retirement system t6 a-ny 6iher ftee6ttftt;- in 6lder t6 faeilitate ihe extensi6n 6f life insuranee e6ersge t6 a-ny St1eft member- fft8:tie eligible by this GOOe seeti6ft fur sur i6rs benefits. !fhe OOard 6f trustees sftftll; in writing; ft6tify eaeh department 6f stftte g6 vernment e6Vered tlftder this retirement system 6f ihe pr6>isi6ns ef this GOOe ~ Eaeft department ef-state g6 ernment sft8:ll then; in writing; ft6tify all ftffeeted: members within ihe department ftS t6 their rights ftS aff6rtled tlftder this GOOe seeti6w,
~ lttws t6 the e6fltrary n6t'.vithstanding, a-ny pelS6ft wft6 WftS a member- 6f this retirement system 6ft Mareft !8;- lW6; and wft6 pre i6usl~ eleeted n6nmembership in ihe retirement system 6l a-ny pet'8ffll wft6 hfts deelined sur, i t6rs benefits ftfttl. wft6 by regulati6n is e6nsidered ineligible fur St1eft e6, ersge sft8:ll -beemne eligible fur grettp term life insuranee e6, erage ttntler ihe retirement system ftfttl. Gftftpter -l9 ef this title: Sueft e6>ersge sft8:ll be bftSed 6ft ihe member's age at ihe time membership is eleeietl 6l 6ft his age at ihe time he deelined sur.i.6rs benefits. Eligibiliey fur sul"oi>6rs bettefits tlftder this GOOe seeti6ft sft8:ll fl6t be extended t6 pet'8ffliS 6f age M m ~ at ihe time retirement system membership WftS eleeted m sur.i.6rs benefits were deelined. Any member fft8:tie eligible by this GOOe seeti6ft fur St1eft e6>erage ffitlSt eleet e6>erage, if at all, 6ft 6l befure Jttne M;- lW6; by filing written ft6tiee 6f Stleft eleeti6ft with the OOard 6f trtlstee!r. !fhe OOard 6f irtlstees is auth6rized ftfttl. direeted t6 undertake ftll administrati e dttties neeessary t6 transfer ihe e6ntributi6ns \Vitftheld fr6m St1eft member 6l 6ft St1eft member's beftfllf fr6m a-ny ftee6tlftt within ihe retirement system t6 a-ny other ftee6ttftt;- in 6lder t6 faeilitate ihe extensi6n 6f life insuranee e6ersge t6 a-ny member fft8:tie eligible by this GOOe seeti6ft fur sur.i.6rs benefits. !fhe OOard 6f trustees sft8:ll give written ft6tiee t6 eaeh ftffeeted: member ef ihe retirement system regarding his rights ftS aff6rtled tlftder this paragraph. (b) Pursuant !Q the provisions Qf this Code section, Code Section 47-2-129, and rules Q! regulations adopted for such purpose, the board Qf trustees ~ provide for survivors benefits for members, former members, and retired members Qf the retirement system.
(c) Notwithstanding Article 3 of this chapter there shall be established an additional
fund, to be known as the 'survivors benefit fund' which shall be administered in the fol-
lowing manner: (1) There shall be accumulated in this the survivors benefit fund the contributions
deducted from the earnable compensationOf members covered for survivors benefits,
together with payments made to the fund by employers, including interest earned on
deposits and investments of such funds;
(2) There shall also be accumulated !!! the survivors benefit fund the payments
required Qf retired members and vested former members covered for survivors benefits
~ provided !!! subsections _{g}_ and (h) Qf this Code section, together with interest
earned on such payments; and
00 (3) All assets of the survivors benefit fund and all income, interest, and divi-
dends derived from deposits and investments shall be used for the payments of bene-
fits and expenses necessary for the maintaining of survivors benefit coverage. Such
benefits and expenses shall in no manner become an obligation of the pension accu-
mulation fund. (d) Contributions for survivors benefits shall be provided for and administered in the
following manner: (1) After notice from the board of trustees, each employer shall cause to be
deducted from the earnable compensation of each member during every payroll period
the additional amount established by the board of trustees, but not to exceed one-half
of 1 percent of the member's earnable compensation. Such deductions shall be made
under the same conditions as S!ilt forth in paragraph (2) of subsection (a) of Code Section 47-2-51 and, except for those members who exereised their rights in deelining eeverage 6l are not eligible for survivors benefits, that amount shall be the member's
payment for such coverage;

550

JOURNAL OF THE HOUSE,

(2) Any member exereising his privilege of deelinffig sttni.6rs benefit e6ver~~ge 61' who is not eligible for survivors benefits shall have the additional contributions provided for in paragraph (1) of this subsection credited to his the member's annuity savings account to be used to purchase an additional annuityat retirement under the conditions set forth in paragraph (3) of subsection (a) of Code Section 47-2-51;
(3) There is authorized an employer payment to the fund which shall be a percentage of the earnable compensation of the members of the retirement system. The board of trustees shall establish the rate of such payment, but the l'ftie shall in no case exeeed tfttti established as atltlititmal eentribtttieRs fer the members shall such rate,
when added !Q the members' contributions, exceed ! percent. Funds for employer pay-
ment shall be requested in the same manner as provided in Code Section 47-2-57. (e) The board of trustees may adopt or rescind any rules or regulations which are not in conflict with this Code section and which it deems necessary in establishing and maintaining the plan of operation, including benefit tables and other provisions of coverage. Such rules and regulations shall include the following:
(1) A member's payment for coverage shall vest in him the member no rights other than for the period for which he the member has paid his the required additional contributions into the survivors benefit fund;
(2) A notice by the board of trustees to members through their employers that the additional contributions provided for in this Code section will in the future be credited to the individual member's annuity savings account under conditions set forth in paragraph (3) of subsection (a) of Code Section 47-2-51 shall suspend any and all survivors benefit coverage then in effect, provided that such action shall be applicable to all members alike and without pfejudice to any survivors benefits pending in the case of a then deceased member; and
(3) Subsequent to any notice released under paragraph (2) of this subsection, any additional notice made in the same manner and within 12 months of the original notice to the effect that coverage is again available shall reestablish survivors benefits to those formerly covered and to all new members who are otherwise eligible, except that within 30 days from the date of such notice any member may decline benefits under this Code section.
(f) The board of trustees may determine the date on which the plan for survivors benefit coverage shall be placed into operation, provided that such date shall not be prior to July 1, 1953. The board of trustees shall notify all employers who, in turn, shall notify the members that additional contributions will commence on the determined date.
(g) Aey 6tfter pre~ isieRs of this eftaptet- 61' 1tftY rttles 61' regttlatieRs t6 the OORtraey
RetwithstaRtliRg Except ~ otherwise provided !!! subsection ill Qf this Code section, in
the event a member retires he may 1 the retired member shall continue paying the amount provided for under this Code section which he the member was paying at the time of retirement; and the benefits provided for under this Code section shall remain fixed at the same amount as they would have been had he the member died on the day
immediately preceding his the date Qf retirement. The board of trustees is authorized
to promulgate rules and regulations to cover this subsection.
(h) Any other provisions of this chapter or any rules or regulations to the contrary notwithstanding, any member who withdraws from service before attaining age 60 but whose right to a service retirement allowance has vested under Code Section 47-2-122 may continue paying the amount under this Code section which he the member was paying at the time of his withdrawal withdrawing from service, together with the amount of the employer contribution in effect at the time of his such withdrawal, in which case the benefits under this Code section shall remain fixed at the same amount as they would have been had he the member died on the day immediately preceding his the member's withdrawal. OnlYthose members with at least 18 years of creditable service at the time of withdrawal from service tmtl who ttre ft6t disttttalified tlfttler sttbseetioo
fit of this G00e seefl6ft shall be eligible under this subsection. The board of trustees is
authorized to promulgate rules and regulations to cover this subsection.
(i) SttbseetieRs fgt tmtl W of -this GOOe seefl6ft shall ft6t apply t6 ltftY pert!6ft beeem-
ffig a member en 61' after April!, -1964, ~ members who were -state empl~ ees pri6l'

THURSDAY, FEBRUARY 1, 1990

551

to April t; -!964; and who have established empl6Yfllent -before April -l; -1964; 11!1 -ereditable ~ AB applied !Q those members whose first membership ~ the retirement ~
tem ~ on Q! after April !.. 1964, the survivors benefits program may provide for ~ reduction Qf benefits after the attainment Qf ~ certain ~ and for ~ different Q! no con-
tribution after retirement based on such reduction ~ benefits."
Section 2. Said chapter is further amended by striking Code Section 47-2-129, relating to the authority of the board of trustees to contract for survivors benefits or life insurance, in its entirety and substituting in lieu thereof a new Code Section 47-2-129 to read as follows:
"47-2-129. The board of trustees may provide group term life insurance protection for the members of the retirement system in lieu 6f ~ the survivors benefits tifttlel' .P!Q:
gram provided for !!! Code Section 47-2-128 by contracting for such service with the
State Employees' Assurance Department or any insurance company licensed to operate in Georgia, which company has experience in the underwriting of groups similar in size and type of coverage. Such contract must provide benefits to those persons ft6W entitled to benefits under Code Section 47-2-128. All or any part of funds and other assets previously accumulated for the purposes of Code Section 47-2-128 may be used by the board of truiitees in the execution of this contract. Contributions for such coverage shall be provided for and collected as set forth in subsection (d) of Code Section 47-2-128."
Section 3. Said chapter is further amended by striking Code Section 47-2-163, which reads as follows:
"47-2-163. Any other provision of this chapter or of any rules or regulations to the contrary notwithstanding, persons who are members of the General Assembly during or after January, 1962, shall be eligible for survivors benefits whether or not they are members of the retirement system. The maximum amount of coverage to any such member shall not be in excess of $2,000.00 and shall be available only on an adjusted actuarial basis in accordance with the age of the member on the effective date of his coverage, under conditions as set forth in rules or regulations adopted by the board of trustees. Nothing in this chapter shall be construed as deeming members of the General Assembly to be eligible for membership in the retirement system. All limitations under Code Section 47-2-128 as they apply to the members of the retirement system shall also apply to members of the General Assembly. This Code section shall not be construed in such manner as to increase survivors benefits for any member of the retirement system.", in its entirety and substituting in lieu thereof a new Code Section 47-2-163 to read as follows:
"47-2-163. Any other provisions of this chapter to the contrary notwithstanding, the board of trustees is authorized by rules or regulations to provide for group term life insurance protection for members and former members of the General Assembly. The board of trustees may contract for such coverage with the State Employees' Assurance Department pursuant to the provisions of Chapter 19 of this title. The board of trustees shall determine the amount of such coverage and the employee contribution that shall be made for such coverage by the members of the General Assembly. The board of trustees shall also determine the employer contribution necessary for such group term life insurance protection for members of the General Assembly. Such employer contribu, tion shall be paid from funds appropriated or available to the legislative branch of the state government. The employee and employer contributions shall be paid into the survivors benefit fund provided for in subsection (c) of Code Section 47-2-128."

Section 4. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed. in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.

Section 5. All laws and parts of laws in conflict with this Act are repealed.

552

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 103, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 764. By Representatives Parrish of the 109th, Parham of the 105th and Moore of the 139th:
A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to the effects of convictions for certain crimes on membership in public retirement systems, so as to provide that no person who commits or conspires to commit the murder of voluntary manslaughter of a member, retiree, or beneficiary under a public retirement system shall receive a refund of contributions or any benefit.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1114. By Representative Clark of the 13th:
A bill to amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, so as to authorize 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.

The report 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.
HB 1470. By Representatives Colwell of the 4th, Twiggs of the 4th, Irwin of the 13th, Dover of the 11th and Murphy of the 18th: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate "The Reach of Song" as the official state historic drama.
The report 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 115. By Representatives Porter of the 119th, Coleman of the 118th, Parrish of the 109th and Oliver of the 121st:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to optional benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide that when a spouse who is a beneficiary under an option predeceases a retired member, the retirement benefit of the retired member shall be increased to the maximum benefit.

1

THURSDAY, FEBRUARY 1, 1990

553

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 441. By Representatives Porter of the 119th and Birdsong of the 104th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to authorize creditable service for certain service as a state court judge.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 255. By Representatives Porter of the 119th and Jamieson of the 11th:
A bill to amend Code Section 33-34-11 of the Official Code of Georgia Annotated, relating to the cancellation of required motor vehicle insurance, so as to authorize the commissioner of public safety to assess a fine against an insurer which sends a notice of cancellation to the Department of Public Safety in violation of the department's regulations.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 33-34-11 of the Official Code of Georgia Annotated, relating to the cancellation of required motor vehicle insurance, so as to change the provisions relating to the time of a notice of cancellation to the Department of Public Safety; to provide for notice to the Commissioner of Insurance of improper notices of cancellation; to prohibit an insurer from using the cost of any audit conducted regarding such notices in calculating their rates; to provide that irregularities in the notice of cancellation to the Department of Public Safety do not invalidate otherwise valid cancellations; 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 33-34-11 of the Official Code of Georgia Annotated, relating to the cancellation of required motor vehicle insurance, is amended by striking subsection (a) in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) ill In cases in which the minimum insurance required by this chapter is can-
celed within 180 days Qf the effective date Qf the policy Qf insurance, the insurer, within 15 days after the effeeiie date af the eaReellati6ft date on which the policy cannot be reinstated !Q maintain coverage continuously _!!! force, shall notify the Department of Public Safety in the form specified by the department of such cancellation and the reason for such cancellation. Itt the eeHt a eaReeleti l'6liey is reiBstateti by the insmef' witft6tti a lapse ffi ea.erage ftftti stteh reiBstatemeBt aeettrS after. the insmef' has ft6tifieti the tiepartmeftt af the eaBeellatiaB, the iftsttrer;- withiB five flays after. the date the l'6liey was reiBstateti, shall ft6tify- the tiepartmeBt ffi the farm speei-fieti by the tiepartmeBt af stteh reiBstatemeBt. For the purposes of aiding in the enforcement of this chapter, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. Far the p1npases af this G6tie seetiatr, eaReeHatiaB shall be tiefiBeti- by regulatiaB at

554

JOURNAL OF THE HOUSE,

the Depm:tment of Pttblie Safety; The commissioner Qf public safety shall notify the Commissioner Qf Insurance quarterly Qf @Y and all nptices Qf cancellation sent !Q the
Department Qf Public Safety :Qy @Y insurer !!! violation Qf the regulation Qf the
department defining !! cancellation and the Commissioner Qf Insurance !!!!!Y take appropriate action against such insurer, including, but not limited !Q, suspension Q! revocation Qf an agent's license, civil .Q! criminal prosecution, monetary penalties, .Q! @Y other sanction the commissioner ~ authorized :Qy law !2_ impose. No insurer shall utilize the costs Qf @Y audit .Q! examination conducted :Qy the Department Qf Insur-
ance pursuant !2_ this paragraph !!!! !! cost Qf business !!! the insurer's rate base.
(2) The Department Qf Public Safety shall, :Qy regulation, define cancellation for the purposes Qf insurers sending the notices required :Qy this Code section and the
department's definition shall !!! no ~ be construed .!!!! modifying the provisions Qf
Code Section 33-24-45.
W NOtWithstanding the provisions Qf paragraph (1) Qf this subsection, @Y irregu-
larities !!! the notice _!2. the Department Qf Public Safety required ~ paragraph ill
Qf this subsection shall not invalidate an otherwise valid cancellation."
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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative McCoy of the 1st stated that he wished to be recorded as voting "aye" on HB 255.

HB 1499. By Representatives Athon of the 57th, Mangum of the 57th and Hamilton of the 124th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain 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 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Representatives McCoy of the 1st, Stancil of the 66th, Stephens of the 68th and Ricketson of the 82nd stated that they wished to be recorded as voting "aye" on HB 1499.

HB 1554.

By Representatives Clark of the 20th and Jackson of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941.

THURSDAY, FEBRUARY 1, 1990

555

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 1554 by striking from lines 5 through 7 of page 2 the following:
"No veteran shall be entitled to more than one special and distinctive motor vehicle license plate.".
By striking from line 23 of page 3 the following:
"40-2-29.'",
and inserting in lieu thereof the following:
"40-2-29. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.'".
By inserting between lines 23 and 24 of page 3 the following:
"Section 2. This Act shall become effective January 1, 1991, except that for purposes of the acceptance of license plate applications and design of such plate by the commissioner, it shall become effective upon its approval by the Governor or upon its becoming law without such approval.''.
By striking from line 24 of page 3 the following:
"2",
and inserting in lieu thereof the following:
"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 ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1595.

By Representatives Jackson of the 9th, Barnett of the lOth and Kilgore of the 42nd:
A bill to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses for public officials and employees, so as to allow state departments to reimburse employees for the payment of application fees for commercial drivers' licenses.

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

HB 1351.

By Representatives Royal of the 144th, Chambless of the 133rd, Dover of the 11th, Holland of the 136th, Reaves of the 147th and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that employers of farm laborers may elect to provide coverage for individuals employed as farm laborers; to provide for notices to be filed with the State Board of Workers' Compensation; to authorize the State Board of Workers' Compensation to provide the manner and form of such notices.

556

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

HB 455. By Representatives Kingston of the 125th and Bostick of the 138th:
A bill to amend Code Section 33-34-12 of the Official Code of Georgia Annotated, relating to the offenses of operating a motor vehicle without proof of insurance and operating or authorizing another to operate a motor vehicle without insurance coverage, so as to increase certain penalties for knowingly operating or authorizing another to operate a motor vehicle without insurance coverage under certain circumstances.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 33-34-12 of the Official Code of Georgia Annotated, relating to the offenses of operating a motor vehicle without proof of insurance and operating or authorizing another to operate a motor vehicle without insurance coverage, so as to increase certain penalties for knowingly operating or authorizing another to operate a motor vehicle without insurance coverage under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-34-12 of the Official Code of Georgia Annotated, relating to the offenses of operating a motor vehicle without proof of insurance and operating or authorizing another to operate a motor vehicle without insurance coverage, is amended by striking subsection (b) thereof and inserting in its place a new subsection (b) to read as follows:
"(b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance as required by this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days, or bothi
provided, however, !f such operation results !!!; !! motor vehicle accident !!! which !! serious !!!.i!!!Y, ~ defined !!! Code Section 33-34-2, was sustained .Qy another person, the
minimum fine for a conviction under this subsection shall be $500.00. An operator of a motor vehicleshili.l not be guilty of aviolation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive and which otherwise meets the requirements 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 ayes were 104, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

THURSDAY, FEBRUARY 1, 1990

557

HB 1372. By Representatives Balkcom of the 140th and Meadows of the 91st:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, so as to delete the provisions on fish, so as to delete the provisions of Code Section 27-4-10 which provide for a creel and possession limit for red drum; to delete the provisions of Code Section 27-4-11 which provide minimum size limits for red drum and spotted sea trout.

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

HB 1523.

By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court 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 107, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1373.

By Representatives Balkcom of the 140th and Meadows of the 91st:
A bill to amend Code Section 27-1-18 of the Official Code of Georgia Annotated, relating to the powers of conservation rangers generally, so as to provide that the commissioner of natural resources may authorize conservation rangers to assist any law enforcement agency of this state or any municipality, county, or other political subdivision of this state in the prevention or detection of violations of any law or in the apprehension or arrest of criminals.

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

The following Resolutions of the House were read and adopted:

HR 732. By Representatives Bailey of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Lee of the 72nd:
A resolution commending Mr. Charles P. Brooks for 16 years of outstanding service to Clayton General Hospital.

HR 733. By Representatives Lane of the 27th and McDonald of the 12th:
A resolution recognizing the month of May, 1990, as "Motorcycle Awareness and You (M.A.Y.) Month" in Georgia.

558

JOURNAL OF THE HOUSE,

HR 739. By Representatives Aiken of the 21st, Isakson of the 21st, Clark of the 20th, Thompson of the 20th, Howren of the 20th and others:
A resolution expressing sympathy at the passing of Dr. Horace Sturgis.

HR 740. By Representative Ehrhart of the 20th: A resolution commending the Professional Association of Georgia Educators.

HR 741. By Representatives Aiken of the 21st, Isakson of the 21st, Vaughan of the 20th, Gresham of the 21st, Wilder of the 21st and others:
A resolution commending the Alan C. Pope High School.

HR 742. By Representatives Aiken of the 21st, Isakson of the 21st, Vaughan of the 20th, Gresham of the 21st, Wilder of the 21st and others:
A resolution commending the East Cobb Middle School.

HR 743. By Representatives Waddle of the 113th and Watson of the 114th:
A resolution congratulating the "Super Seniors Club" of Warner Robins, Georgia.

HR 744. By Representative Jones of the 71st: A resolution commending Drake Henderson.

HR 745. By Representative Jones of the 71st: A resolution commending Christopher L. Zoeller.

HR 746. By Representative Jones of the 71st: A resolution commending Robert Warren Teller III.

HR 747. By Representatives Clark of the 20th, Gresham of the 21st, Isakson of the 21st, Howren of the 20th, Ehrhart of the 20th and others:
A resolution commending the 116th Tactical Fighter Wing, Georgia Air National Guard.

HR 748. By Representatives Brooks of the 34th and Davis of the 29th: A resolution expressing regret at the passing of Ms. Carolyn F. Jeter.

HR 749. By Representatives Clark of the 20th, Gresham of the 21st, Isakson of the 21st, Howren of the 20th, Ehrhart of the 20th and others:
A resolution commending Brigadier General Ben L. Patterson (Retired).

HR 750. By Representatives Stancil of the 66th and Connell of the 87th: A resolution congratulating the Bank of Madison on its 100th anniversary.

HR 751. By Representative Brooks of the 34th: A resolution declaring Saturday, March 10, 1990, to be Harriet Tubman Day.

THURSDAY, FEBRUARY 1, 1990

559

HR 752. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and others:
A resolution commending Paul Fields.

HR 753. By Representatives Poston of the 2nd, Murphy of the 18th, Walker of the 115th, Irwin of the 13th and Stanley of the 33rd:
A resolution commending the Women of the Armed Forces of the United States and recognizing and supporting the creation of the Women in Military Service Memorial.

HR 754. By Representative Brooks of the 34th:
A resolution congratulating the Reverend Moses Lee Raglin upon the occasion of his retirement.

HR 755. By Representatives Dobbs of the 74th, Twiggs of the 4th, Walker of the 115th and Watts of the 41st:
A resolution recognizing and welcoming the Ringling Bros. and Barnum & Bailey Circus.

HR 756. By Representative Brooks of the 34th:
A resolution expressing regret at the untimely passing of Richard StoningtonReed "Stoney" Johnson, III.

HR 757. By Representatives Clark of the 20th, Vaughan of the 20th, Aiken of the 21st, Atkins of the 21st, Thompson of the 20th and others:
A resolution commending Michelle Clem, Miss Cobb County 1990.

HR 758. By Representatives Patten of the 149th, Carter of the 146th, Barfoot of the 120th and Crawford of the 5th:
A resolution urging the Georgia Congressional Delegation to support a limitation of liability of persons handling used oil and other products destined for recycling that may, through no fault of their own, result in environmental degradation.

HR 759. By Representative Greene of the 130th: A resolution expressing sympathy at the passing of George "D.C." W. Baker.

HR 760. By Representatives Bailey of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Lee of the 72nd:
A resolution commending Chief L. C. Cole for his many years of service as fire chief of Forest Park.

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

HR 736. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and others:
A resolution commending Honorable George W. "Buddy" Darden and inviting him to appear before the House of Representatives.

560

JOURNAL OF THE HOUSE,

HR 737. By Representatives Murphy of the 18th, Colwell of the 4th, Irwin of the 13th, Dover of the 11th, Mangum of the 57th and others:
A resolution commending Keith McCants and inviting him to appear and be recognized before the House of Representatives.

HR 738. By Representative Ray of the 98th:
A resolution commending the Fourth Annual Georgia Peach Festival and inviting a representative of the festival to appear before the House.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 2, 1990

561

Representative Hall, Atlanta, Georgia Friday, February 2, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend James H. Morton, Pastor, Thankful Baptist Church, Decatur, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1665. By Representatives Walker of the 115th, Jackson of the 9th, Groover of the 99th, Isakson of the 21st, Coleman of the 118th and others: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide for issuance of license plates to Justices of the Supreme Court and Judges of the Court of Appeals on the same basis as license plates are issued to certain other officials.
Referred to the Committee on Motor Vehicles.
HB 1666. By Representatives Waddle of the 113th and Watson of the 114th: A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

562

JOURNAL OF THE HOUSE,

HB 1667. By Representative Balkcom of the 140th:
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 that certain school systems shall continue to receive sparsity grants.
Referred to the Committee on Education.

HB 1668. By Representative Reaves of the 147th:
A bill to provide for the compensation and expenses of the Board of Education of Brooks County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1669. By Representative Reaves of the 147th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions of motor vehicles and combinations of vehicles and loads, so as to provide that the dismantling limitation specified in such Code section shall not apply to loads which consist of tobacco or cotton which are moved on part of the National System of Interstate and Defense Highways.
Referred to the Committee on Transportation.

HB 1670. By Representative Harris of the 84th: A bill to create a board of elections and registration for McDuffie County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1671. By Representatives Lee of the 72nd and Dunn of the 73rd:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide that the Department of Transportation under certain circumstances may render financial assistance for air navigation facilities of municipalities, counties, other political subdivisions.
Referred to the Committee on Transportation.

HB 1672. By Representatives Alford of the 57th and Waddle of the 113th:
A bill to amend Code Section 43-15-17 of the Official Code of Georgia Annotated, relating to certificates and certificates of registration of professional engineers and land surveyors, so as to require registered land surveyors to acquire a minimum of ten hours of continuing education units biennially; to provide for inactive certificates of registration and the requirements thereof.
Referred to the Committee on Industry.

HB 1673. By Representatives Dover of the 11th, Twiggs of the 4th and Groover of the 99th:
A bill to amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to qualifications of special officers for the protection of railroad property, so as to change certain residency requirements.
Referred to the Committee on Public Safety.

FRIDAY, FEBRUARY 2, 1990

563

HB 1674. By Representatives Ware of the 77th, Dunn of the 73rd, Lawson of the 9th, Groover of the 99th, Jones of the 71st and others:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to authorize the promulgation of regulations regarding marketing practices, compensation arrangements, and reporting practices of insurers for medicare supplement insurance policies.
Referred to the Committee on Insurance.

HB 1675. By Representatives Martin of the 26th, Bostick of the 138th and Randall of the lOlst:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal proceedings, so as to provide that no statement or report of a witness for the prosecution need be produced until that witness has testified on direct examination.
Referred to the Committee on Special Judiciary.

HB 1676. By Representatives Martin of the 26th, Randall of the lOlst and Bostick of the 138th:
A bill to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demands for trial and announcement of readiness for trial, so as to provide for a speedy trial; to provide for instances when an accusation or indictment shall be filed; to provide for instances when a person pleading not guilty must be brought to trial.
Referred to the Committee on Special Judiciary.

HB 1677. By Representatives Ray of the 98th, Adams of the 79th and Jenkins of the 80th:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle Safety Responsibility Act," so as to change the definition of financial responsibility as it applies to habitual violators.
Referred to the Committee on Motor Vehicles.

HB 1678. By Representatives Ware of the 77th, Dunn of the 73rd, Lawson of the 9th, Groover of the 99th, Jones of the 71st and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for prepaid limited health care service organizations; to provide for a short title.
Referred to the Committee on Industry.

HB 1679. By Representatives Byrd of the 153rd and McCoy of the 1st:
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 a new requirement for the reinstatement of a salesperson's license; to revise the provisions relative to the granting of a real estate license to a nonresident.
Referred to the Committee on Industry.

564

JOURNAL OF THE HOUSE,

HB 1680. By Representatives Teper of the 46th, Watson of the 114th and Stancil of the 66th:
A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes and other state codes, so as to provide that on and after October 1, 1991, the Standard Fire Prevention Code (SBCCI) shall have state-wide application and shall not require adoption by a municipality or county.
Referred to the Committee on Industry.

HB 1681. By Representative Dunn of the 73rd:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to appointment, qualifications, and tenure .of housing authority commissioners, so as to provide that if there is an operating surplus, 15 percent of such surplus shall be used to compensate such commissioners.
Referred to the Committee on State Planning & Community Affairs.

HB 1682. By Representatives Tolbert of the 58th and Wall of the 61st:
A bill to amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relative to general provisions applicable to dogs, so as to provide that cruelty to dogs is a felony; to provide for punishment; to amend Code Section 16-12-4 of the Official Code of Georgia Annotated, relative to cruelty to animals, so as to provide that cruelty to animals is a felony.
Referred to the Committee on Special Judiciary.

HB 1683. By Representative Parham of the 105th:
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 drug application fees.
Referred to the Committee on Health & Ecology.

HB 1684. By Representative Balkcom of the 140th:
A bill to amend an Act incorporating the City of Blakely, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1685. By Representative Dunn of the 73rd:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that deeds to secure debt, and mortgages on realty shall not be recorded unless the name and mailing address of the attorney or other person who prepared such documents are included thereon.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 2, 1990

565

HB 1686. By Representatives Pettit of the 19th, Byrd of the 153rd, Watson of the 114th, Murphy of the 18th, Branch of the 137th and others:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to change the provisions relating to the exception of boilers and pressure vessels operated and maintained for the production and generation of electricity and the exception of boilers and pressure vessels operated and maintained for the production and generation of steam used in a manufacturing process.
Referred to the Committee on Industry.

HB 1687. By Representative Pettit of the 19th:
A bill to amend an Act creating a new charter for the City of Emerson, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1688. By Representative Greene of the 130th:
A bill to amend Article 2 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention in jails, so as to provide for a definition of a security area; to provide for signs marking the security areas of jails; to prohibit persons from entering security areas of jails or interfering with inmates without proper authority.
Referred to the Committee on Public Safety.

HB 1689. By Representative Greene of the 130th:
A bill to amend Code Section 15-15-5 of the Official Code of Georgia Annotated, relating to the fee charged to paying parties by child support receivers, so as to increase the maximum fee.
Referred to the Committee on Special Judiciary.

HB 1690. By Representatives Crosby of the 150th and Coleman of the 118th:
A bill to be entitled an Act to amend Code Section 48-8-30 of the Official Code of Georgia Annotated, relating to imposition of the state sales and use tax, so as to change certain provisions regarding the discharge of such taxes with respect to certain lease agreements.
Referred to the Committee on Ways & Means.

HB 1691. By Representatives Crosby of the 150th and Coleman of the 118th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the state sales and use tax, so as to repeal the exemption regarding certain sales of certain motor vehicles to nonresident purchasers.
Referred to the Committee on Ways & Means.

HB 1692.

By Representatives Jamieson of the 11th, Dover of the 11th, Irwin of the 13th, Carrell of the 65th, Mobley of the 64th and others:
A bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989, so as to provide for an additional member county, to provide for additional members of the commission.

566

JOURNAL OF THE HOUSE,

By unanimous consent, HB 1692 was ordered engrossed. Referred to the Committee on Transportation.

HB 1693. By Representative Robinson of the 96th:
A bill to amend Code Section 51-12-5.1 of the Official Code of Georgia Annotated, relating to punitive damages in tort actions, so as to provide that in a tort case in which the cause of action does not arise from product liability, specific intent to cause harm may be implied by the failure of the employer to check whether such employer's potential employee has a criminal record.
Referred to the Committee on Judiciary.

HB 1694. By Representatives Breedlove of the 60th, Lawson of the 9th, Wall of the 61st, Jackson of the 9th, Orr of the 9th and others:
A bill creating the board of commissioners of Gwinnett County, so as to require the board to prepare monthly and make available for public dissemination an itemized account of all funds expended for professional services.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1695. By Representative Lane of the 27th:
A bill to amend Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to discharge of sewage from vessels on Lake Sidney Lanier, so as to provide that the provisions of this Code section shall not apply to vessels constructed on or before January 1, 1978.
Referred to the Committee on Game, Fish and Parks.

HB 1696. By Representatives Murphy of the 18th and Beck of the 148th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to provide for an Indigent Care Trust Fund; to provide for authority; to provide for credits to an investments of trust fund moneys; to authorize contribution to the trust fund and the conditions thereof.
Referred to the Committee on Health & Ecology.

HR 734. By Representative Hanner of the 131st:
A resolution proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to hospitals for hospital projects; to provide that it shall not be necessary for the state or a state authority to take title to or own such projects; to provide that such debt may be incurred for a state authority created before, on, or after November 8, 1960.
Referred to the Committee on Appropriations.

HR 735. By Representatives Couch of the 36th and Murphy of the 18th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions providing for the repeal of that resolution.
Referred to the Committee on Rules.

FRIDAY, FEBRUARY 2, 1990

567

HR 761. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and others:
A resolution commending James R. "Dick" Hunter and designating the Dick Hunter Memorial Bridge.
Referred to the Committee on Transportation.

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

HB 1697. By Representatives Bishop of the 94th, Sinkfield of the 37th, Townsend of the 24th and Thurmond of the 67th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," so as to provide that certain net revenue received by the state revenue commissioner shall be paid into the State Housing Trust Fund for the Homeless.
Referred to the Committee on Appropriations.

HB 1698. By Representatives Simpson of the 70th and Porter of the 119th:
A bill to amend Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists and physical therapist assistants, so as to change the authority of the State Board of Physical Therapy to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant.
Referred to the Committee on Judiciary.

HB 1699. By Representatives Griffin of the 6th, Reaves of the 147th, Athon of the 57th, Mangum of the 57th, Langford of the 7th and others:
A bill to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding public utilities, so as to provide for the regulation of certain payment acceptance on behalf of public utilities by certain depository institutions.
Referred to the Committee on Industry.

HB 1700. By Representative Coleman of the 118th:
A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to examination of county tax digests, so as to limit the circumstances under which taxes may be collected under a disapproved digest.
Referred to the Committee on Ways & Means.

HB 1701. By Representative Coleman of the 118th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding the state sales and use tax, so as to change the definition of "retail sale" regarding certain telephone or telecommunication services.
Referred to the Committee on Ways & Means.

568

JOURNAL OF THE HOUSE,

HB 1702. By Representative Coleman of the 118th:
A bill to amend Code Section 48-5-349.2 of the Official Code of Georgia Annotated, relating to procedure for appeals to the Ad Valorem Assessment Review Commission, so as to provide for additional assessments in certain cases involving disapproval by the state revenue commission of a subsequent digest.
Referred to the Committee on Ways & Means.

HB 1703. By Representative Coleman of the 118th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the issuance of certain executions against public utilities by certain local tax officials; to provide for an exception with respect to certain railroad equipment companies.
Referred to the Committee on Ways & Means.

HB 1704. By Representatives Pettit of the 19th, Watson of the 114th, Aaron of the 56th, Floyd of the 154th, Smith of the 156th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to provide that to the extent practical and economically feasible, and not in violation of any federal or state law or decree, telephone companies shall provide expanded local telephone service within the territorial boundaries of counties where subscribers reside for cost plus a reasonable rate of return authorized by the Public Service Commission.
Referred to the Committee on Industry.

HB 1705. By Representatives Tolbert of the 58th, Lawrence of the 49th, Clark of the 55th, Williams of the 48th, Redding of the 50th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the county and municipal hotel-motel tax, so as to provide that said tax shall apply to rooms, lodgings, or accommodations furnished to the public by the Stone Mountain Memorial Association, the Jekyll IslandState Park Authority, and the Lake Lanier Islands Development Authority and to persons, firms, or corporations furnishing such rooms, lodgings, or accommodations to the public pursuant to a contract with any such authority.
Referred to the Committee on Ways & Means.

HB 1706. By Representatives Oliver of the 53rd, Long of the 142nd and Dover of the 11th:
A bill to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction and eligibility for such instruction, so as to provide that any child who is a patient or client in a facility licensed by the State of Georgia to deliver skilled nursing care, intermediate nursing care, or intermediate care for the mentally retarded and who remains in that facility for more than 60 days shall be eligible for enrollment in a free public instructional program.
Referred to the Committee on Education.

FRIDAY, FEBRUARY 2, 1990

569

HB 1707. By Representatives Childers of the 15th and Benefield of the 72nd:
A bill to amend Code Section 40-6-270 of the Official Code of Georgia Annotated, relating to the duty of a driver to stop at or return to the scene of an accident, so as to increase the penalty for failure to stop at the scene of an accident where injuries are involved.
Referred to the Committee on Judiciary.

HB 1708. By Representatives Kilgore of the 42nd, Watson of the 114th and Byrd of the 153rd:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds of local governments, so as to provide a legislative intent; to provide certain definitions; to provide that the Department of Community Affairs may increase the amount of any notice of allocation of the state ceiling on private activity bonds under certain circumstances.
Referred to the Committee on Industry.

HB 1709. By Representatives Aiken of the 21st and Oliver of the 121st:
A bill to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to regulate the installation of manufactured homes and mobile homes; to define certain terms; to authorize and direct the Georgia Safety Fire Commissioner to perform certain duties.
Referred to the Committee on Industry.

HB 1710. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st, Ricketson of the 82nd, Griffin of the 6th and others:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to revise provisions relative to assessments against insurers which are members of such association; to provide for classes of assessments and the method of computing such assessments.
Referred to the Committee on Insurance.

HB 1711. By Representatives Coleman of the 118th, Holcomb of the 72nd, Benefield of the 72nd, Poston of the 2nd, Lee of the 72nd and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for a one-time exclusion of certain contributions to the Teachers Retirement System of Georgia.
Referred to the Committee on Ways & Means.

HR 762. By Representatives Bishop of the 94th, McDonald of the 12th, Isakson of the 21st, Sinkfield of the 37th, Townsend of the 24th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law that certain net revenue derived from funds received by the state revenue commissioner under the "Disposition of Unclaimed Property Act," shall be paid into the State Housing Trust Fund for the homeless.
Referred to the Committee on Appropriations.

570

JOURNAL OF THE HOUSE,

HR 763. By Representatives Buck of the 95th and Mangum of the 57th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized by general law to provide for an education trust fund to assist students and parents of students in financing postsecondary education; to provide for advance payment of tuition contracts.
Referred to the Committee on University System of Georgia.

HR 764. By Representative Pettit of the 19th:
A resolution authorizing the granting of a nonexclusive easement for construction, operation, and maintenance of an underground effluent pipe line over or under property owned by the State of Georgia in Bartow County, Georgia.
Referred to the Committee on State Institutions & Property.

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

HB 1647 HB 1648 HB 1649 HB 1650 HB 1651 HB 1652 HB 1653 HB 1654 HB 1656 HB 1659 HB 1660
HB 1661 HB 1662 HB 1663
HB 1664 HR 731 SB 336
SB 449 SB 457
SB 464

SB 472 SB 483 SB 489 SB 512 SB 523 SB 540 SB 542 SB 556 SB 565 SB 566 SB 567 SB 570 SB 575 SB 597 SB 601 SB 615
SB 624
SR 335 SR 336

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1261 Do Pass HB 1518 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman

FRIDAY, FEBRUARY 2, 1990

571

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1353 Do Pass, as Amended HB 1553 Do Pass, by Substitute HB 1564 Do Pass, as Amended
Respectfully submitted, /s/ Thomas of the 69th
Chairman

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

Mr. Speaker:

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

HR 737 Do Pass HR 738 Do Pass HR 736 Do Pass

SB 488 Do Pass HB 1312 Do Pass, by Substitute HR 630 Do Pass

Respectfully submitted,
Is/ Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - 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 1611 Do Pass HB 1636 Do Pass HB 1638 Do Pass

HB 1645 Do Pass HB 1625 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

572

JOURNAL OF THE HOUSE,

HB 1177 Do Pass, by Substitute HB 1540 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 118th
Chairman

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

HB 1625. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Catoosa County school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for education purposes levied for and in behalf of such school system.

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

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

Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell Y Couch
Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M YDixon,H Y Dixon,S
Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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 Y Long Y Lord Y Lucas
Lupton Mangum Y Martin Y McCoy McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody
Y Morton Moultrie
Y Mueller Y Oliver,C
YOliver,M Y Orr
Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston YPowell y Randall
Ransom Ray Y Reaves Redding Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre Y Snow
Y Stancil,F Y Stancil,S
Stanley E Steele Y Stephens
Y Streat Y Teper
YThomas,C YThomas,M Y Thompson YThurmond Y Titus
Y Tolbert Townsend
YTwiggs Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B E 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 two-thirds constitutional majority, was passed.

FRIDAY, FEBRUARY 2, 1990

573

HB 1611. By Representatives Stephens of the 68th, Clark of the 13th, Irwin of the 13th and Thurmond of the 67th:
A bill to amend an Act providing for a new charter for the City of Athens, so as to authorize retention of staggered two-year terms of office.

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

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B
Y Barnett,M Bates
Y Beck Y Benefield
Benn Y Birdsong
Y Bishop Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Carter Y Chambless Y Chance YCheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch
Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M
Y Dixon,H
Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene
Gresham YGriffin Y Groover Y Hamilton Y Hanner

Y Harris Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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
Lupton Mangum Y Martin Y McCoy McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell Parham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell y Randall
Ransom Ray Y Reaves Redding
Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S
Stanley
E Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vanghan Y Waddle
Walker,C Y Walker,L YWall
Ware Y Watson Y Watta
White Y Wilder Y Williarns,B E 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 1636. By Representative Royal of the 144th:
A bill to authorize the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Mitchell 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 Y Alford

Allen Athon Y Atkins y Bailey
Y Baker

Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B

Y Barnett,M Bates
YBeck Y Benefield
Benn

Y Birdsong
Y Bishop Bostick
Y Branch Y Breedlove

574

JOURNAL OF THE HOUSE,

Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell Y Couch
Crawford Y Crosby Y Cummings,B
Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Y Dixon,S Y Dobbs Y Dover YDunn

Y Edwards Y Ehrhart
Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene
Gresham YGriffin Y Groover Y Hamilton Y Hanner Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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
Lupton Mangum Y Martin Y McCoy McDonald Y McKelvey Y McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody
Y Morton Moultrie
Y Mueller Y Oliver,C

Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell Parham
Y Parrish Y Patten Y Pettit Y Pinkston Y Poag
Y Porter Y Poston Y Powell y Randall
Ransom Ray Y Reaves Redding Richardson Y 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 Stancii,F Y Stancii,S
Stanley E Steele Y Stephens Y Streat Y Teper Y Thomas,C
Y Thomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert
Townsend y Twigge
Y Vaughan YWaddle
Walker,C Y Walker,L Y Wall
Ware Y Watson Y Watts
White YWilder YWilliams,B E 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 1638.

By Representative Heard of the 43rd:
A bill to create and incorporate the Town of Brooks in Fayette County and grant a new charter to that municipality under such corporate name and style; to prescribe and define the corporate limits thereof.

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

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M
Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove

Y Brooks Y Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Carter Y Chambless Y Chance
Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch
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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Hasty Y Heard

Y Herbert Y Holcomb Y Holland Y Holmes
YHooks Y Howren
Y Hudson Yirwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnaon Y Jones Y Kilgore Y Kingeton Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong

y Lord
Y Lucas Lupton Mangum
Y Martin Y McCoy
McDonald Y McKelvey Y McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody
Y Morton Moultrie
Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell Parham
Y Parrieh

FRIDAY, FEBRUARY 2, 1990

575

Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston
Y Powell y Randall
Ransom Ray
Y Reaves

Redding
Richardson Y Ricketson Y Robinson y Royal Y Selman Y Simpson Y Sinkfield Y Smitb,L Y Smitb,P Y Smith,T

Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley E Steele Y Stephens Y Streat Y Teper YThomaa,C

YThomaa,M YThompson YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L

Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williama,B E Williama,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 1645.

By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change certain provisions relating to terms of office of members of the board of education of the City of Bremen.

The report of the Committee, which was favorable to the passage of 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
Allen Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Bargeron Y Barnett,B Y Barnett,M Bates Y Beck Y Benefield Benn Y Birdsong Y Bishop Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch
Crawford Y Crosby Y Cummings,B
Cummiugs,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

YHarris Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudson y Irwin
Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Jolmson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas
Lupton Mangum Y Martin Y McCoy McDonald Y McKelvey

Y McKinney,B Y McKinney,C YMeadows Y Milam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C YOliver,M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston YPowell y Randall
Ransom Ray Y Reaves Redding Richardson Y Ricketson Y Robinson y Royal y Selman
YSimpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T YSmith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley E Steele Y Stephens Y Streat Y Teper Y Thomaa,C Y Thomaa,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
Wljite
Y Wilder YWilliama,B E Williama,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.

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

576

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 327. By Senators McKenzie of the 14th, Baldwin of the 29th, Johnson of the 47th and others:
A resolution proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for solid waste recycling or other solid waste facilities or systems; to provide that it shall not be necessary for the state or a state authority to take title to or own such facilities or systems; to provide for the submission of this amendment for ratification or rejection.

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

SB 552. By Senator Peevy of the 48th:
A bill to amend Chapter 20 of Title 31 of the Official Code of Georgia Annotated, relating to the performance of sterilization procedures, so as to remove certain language from Code Section 31-20-2, relating to the performance of a sterilization procedure upon request.

SB 555. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration of public employees, so as to provide that certain employees shall be afforded two breaks during each eight-hour shift; to provide that such breaks may be delayed or suspended under certain conditions.

SB 560. By Senators Burton of the 5th and Phillips of the 9th:
A bill to amend Chapter 7 of Title 30 of the Official Code of Georgia Annotated, relating to the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired, so as to change certain provisions regarding termination of the commission; to provide for an effective date.

SB 572. By Senator Howard of the 42nd:
A bill to amend Chapter lOA 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 change certain provisions relating to the termination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists and the repeal of the laws relating thereto.

SB 573. By Senator Howard of the 42nd:
A bill to amend Chapter 29 of Title 43 of the Official Code of Georgia Annotated, relating to dispensing opticians, so as to change the provisions relating to the termination of the State Board of Dispensing Opticians and the repeal of the laws relating thereto; to provide for an effective date.

FRIDAY, FEBRUARY 2, 1990

577

SB 579. By Senator Bowen of the 13th:
A bill to amend Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for law enforcement officers, correctional officers, and similar persons, so as to provide for the payment of such witness fees to any arson investigator of the state fire marshal's office or any member of a local fire department.

SB 580. By Senator Garner of the 30th:
A bill to amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Mutual Aid Act," so as to change the definition of a certain term; to provide for extraterritorial cooperation and assistance between local law enforcement agencies and law enforcement agencies of institutions within the University System of Georgia under certain conditions.

SB 593. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-64 of the Official Code of Georgia Annotated, relating to the Georgia Coroner's Training Council, so as to change the provisions relating to the quorum necessary for the council to transact business.

SB 594. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to the duties of the coroner, medical examiner, and peace officer upon receipt of notice of suspicious or unusual death, so as to change the provisions relating to payment of the expense of embalming under certain circumstances.

SB 595. By Senator Brannon of the 51st:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to change the provisions relating to terms of office of the members of the Georgia Coroner's Training Council; to change the provisions relating to the powers and duties of the Georgia Coroner's Training Council.

SB 608. By Senators Baldwin of the 29th and Edge of the 28th:
A bill to amend Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to change the maximum penalty to $100,000.00.

SB 613. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for a preference for Georgia vendors from other states when such states give in-state vendors a preference over Georgia vendors; to provide for related matters; to provide an effective date.

578

JOURNAL OF THE HOUSE,

SB 617. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Administrative Services, so as to provide that a local political subdivision shall not request a service from the Department of Administrative Services unless such political subdivision is unable to procure such service at the local level from the private sector at competitive prices.

SB 620. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th:
A bill to amend Chapter 12 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Asbestos Safety Act," so as to change the termination or "sunset" date of the Act; to provide for the continuation of said Act and the Asbestos Licensing Board for an additional period of time; to provide an effective date.

HB 1186.

By Representatives Jackson of the 9th and Barnett of the lOth:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Georgia Motor Vehicle Franchise Practices Act," so as to provide for attorney's fees in certain enforcement actions; to specify what adequate compensation for such services shall be based upon; to require the franchisor to purchase certain items from the franchisee and to compensate the franchisee for certain expenses if a franchise is terminated, cancelled, or not renewed.

HB 1295. By Representatives Jackson of the 9th, Barnett of the lOth and Harris of the 84th:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving proof of financial responsibility, so as to remove the requirement that certain accidents be reported to the Department of Public Safety.

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

HB 346. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of county deputy registrars, so as to exempt certain chief deputy registrars from certain restrictions applicable to registrars and deputy registrars.

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

SB 525. 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 an employee in the classified service to convert up to three days of accrued sick leave to three regular workdays' compensation or salary under certain circumstances in lieu of converting such accrued sick leave to personal leave.

FRIDAY, FEBRUARY 2, 1990

579

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

SB 525. 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 an employee in the classified service to convert up to three days of accrued sick leave to three regular workdays' compensation or salary under certain circumstances in lieu of converting such accrued sick leave to personal leave.
Referred to the Committee on Governmental Affairs.

SB 552. By Senator Peevy of the 48th:
A bill to amend Chapter 20 of Title 31 of the Official Code of Georgia Annotated, relating to the performance of sterilization procedures, so as to remove certain language from Code Section 31-20-2, relating to the performance of a sterilization procedure upon request.
Referred to the Committee on Health & Ecology.

SB 555. By Senator Kidd of the 25th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration of public employees, so as to provide that certain employees shall be afforded two breaks during each eight-hour shift; to provide that such breaks may be delayed or suspended under certain conditions.
Referred to the Committee on Governmental Affairs.

SB 560. By Senators Burton of the 5th and Phillips of the 9th:
A bill to amend Chapter 7 of Title 30 of the Official Code of Georgia Annotated, relating to the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired, so as to change certain provisions regarding termination of the commission; to provide for an effective date.
Referred to the Committee on Health & Ecology.

SB 572. By Senator Howard of the 42nd:
A bill to amend Chapter lOA 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 change certain provisions relating to the termination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists and the repeal of the laws relating thereto.
Referred to the Committee on Health & Ecology.

SB 573. By Senator Howard of the 42nd:
A bill to amend Chapter 29 of Title 43 of the Official Code of Georgia Annotated, relating to dispensing opticians, so as to change the provisions relating to the termination of the State Board of Dispensing Opticians and the repeal of the laws relating thereto; to provide for an effective date.
Referred to the Committee on Health & Ecology.

580

JOURNAL OF THE HOUSE,

SB 579. By Senator Bowen of the 13th:
A bill to amend Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for law enforcement officers, correctional officers, and similar persons, so as to provide for the payment of such witness fees to any arson investigator of the state fire marshal's office or any member of a local fire department.
Referred to the Committee on State Institutions & Property.

SB 580. By Senator Garner of the 30th:
A bill to amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Mutual Aid Act," so as to change the definition of a certain term; to provide for extraterritorial cooperation and assistance between local law enforcement agencies and law enforcement agencies of institutions within the University System of Georgia under certain conditions.
Referred to the Committee on Public Safety.

SB 593. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-64 of the Official Code of Georgia Annotated, relating to the Georgia Coroner's Training Council, so as to change the provisions relating to the quorum necessary for the council to transact business.
Referred to the Committee on Public Safety.

SB 594. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to the duties of the coroner, medical examiner, and peace officer upon receipt of notice of suspicious or unusual death, so as to change the provisions relating to payment of the expense of embalming under certain circumstances.
Referred to the Committee on Public Safety.

SB 595. By Senator Brannon of the 51st:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to change the provisions relating to terms of office of the members of the Georgia Coroner's Training Council; to change the provisions relating to the powers and duties of the Georgia Coroner's Training Council.
Referred to the Committee on Public Safety.

SB 608. By Senators Baldwin of the 29th and Edge of the 28th:
A bill to amend Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to change the maximum penalty to $100,000.00.
Referred to the Committee on Natural Resources & Environment.

FRIDAY, FEBRUARY 2, 1990

581

SB 613. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for a preference for Georgia vendors from other states when such states give in-state vendors a preference over Georgia vendors; to provide for related matters; to provide an effective date.
Referred to the Committee on Industry.

SB 617. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Administrative Services, so as to provide that a local political subdivision shall not request a service from the Department of Administrative Services unless such political subdivision is unable to procure such service at the local level from the private sector at competitive prices.
Referred to the Committee on Governmental Affairs.

SB 620. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th:
A bill to amend Chapter 12 of Title 12 of the Official Code of Georgia Annotated, the "Georgia A!>bestos Safety Act," so as to change the termination or "sunset" date of the Act; to provide for the continuation of said Act and the Asbestos Licensing Board for an additional period of time; to provide an effective date.
Referred to the Committee on Industry.

SR 327. By Senators McKenzie of the 14th, Baldwin of the 29th, Johnson of the 47th and others:
A resolution proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for solid waste recycling or other solid waste facilities or systems; to provide that it shall not be necessary for the state or a state authority to take title to or own such facilities or systems; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.

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

HB 1297. By Representatives Selman of the 32nd, Lane of the 27th, Herbert of the 76th and Greene of the 130th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school property or at school functions and require certain reports thereof to be made to the appropriate police authority or district attorney; to provide for immunity from liability.

582

JOURNAL OF THE HOUSE,

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

Y Aaron Y Abernathy Y Adams
Aiken Y Alford
Allen Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks N Brown
Y Buck Y Buford YByrd YCampbell
Carrell Y Carter YChambless
Chance Y Cheeks

Y Childers Ciark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs
Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 Ylrwin Y Isakaon Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
YLane,D YLane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston
Powell y Randall Y Ransom
YRsy 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 E Steele Y Stephens Y Streat Y Teper
Thomas,C YThomas,M YThompson YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Y Wilder YWilliams,B E Williams,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 155, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1360. By Representatives Jackson of the 9th and Thomas of the 69th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to exhaustively and comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, and the uniform rules of the road.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 1360 by striking from line 22 of page 1 the following:
"provide for an effective date", and inserting in lieu thereof the following:
"provide for applicability; to provide for effective dates". By striking from lines 19 through 25 of page 20 the following:

FRIDAY, FEBRUARY 2, 1990

583

"!f l! used motor vehicle .! purchased Q! acquired _Qy l! used automobile dealer Q! sold !!! an auto auction, the used motor vehicle dealer Q! auto auction shall obtain the current Georgia certificate Qf registration for such motor vehicle prior j;Q !'!!!Y sale Qf such vehicle and shall provide such certificate Qf registration j;Q the purchaser !!! the time Qf
sale.".
By striking from lines 9 through 12 of page 23 the following:
",provided that such penalty shall!!! no event be levied prior j;Q May~ notwithstandi!!g that the owner failed j;Q register such vehicle within 21 days Qf its purchase".
By inserting between lines 15 and 16 of page 33 the following:
"(4) When the fee prescribed for !! license plate Q! revalidation decal exceeds $40.00, !! !!!g agent shall be authorized j;Q accept the application Qf the owner for the purchase
Qf !! license plate Q! revalidation decal !f the application .! accompanied Qy_ not less than 25 percent Qf the prescribed fee and !! surety bond written Qy_ !! surety company authorized j;Q do business !!! this state, payable j;Q the commissioner, Q!, !!! lieu thereof, if the owner Qf such vehicle has !! corporate net worth !!! excess Qf $1 million ~ evidenced _Qy !! financial statement prepared _Qy !! certified public accountant, an irrevocable letter Qf
credit from l! financial institution, approved and accepted _Qy the commissioner, !!! an amount equal j;Q the unpaid balance Qf the prescribed fee and conditioned upon the Pl!Y.:_
ment Qf such balance !!! three equal installments on Q! before the first fu Qf July, September, and December, respectively, Qf the calendar year !!! which the license plate ~
revalidation decal .! applied for. This paragraph shall be applicable only j;Q license plates and revalidation decals purchased !!! calendar ~ 1990 and shall expire and be repealed !!! its entirety December Q!, 1990.".
By striking from line 18 of page 40 the following:
"$5:00 $8.00",
and inserting in lieu thereof the following:
"$5.00".
By striking from lines 18 and 19 of page 60 the following:
"each year",
and inserting in lieu thereof the following:
"eaeh yeM every five years".
By inserting between lines 21 and 22 of page 71 the following:
"40-2-83. (a) Notwithstanding !'!!!Y other provision Qf ~ !'!!!Y resident person who .! authorized j;Q obtain !! special ~ prestige license plate pursuant j;Q this article may,
upon complying with the motor vehicle laws relating j;Q licensing, registration, and fees, obtain such special Q! prestige license plate !!! his Q! her own name and the name Qf !'!!!Y other person with whom he Q! she jointly owns !! motor vehicle.
(b) Any resident owner Qf !! motor vehicle who has been issued !! special ~ prestige
license plate and who subsequently acquires !! motor vehicle jointly with another and who wishes j;Q place such special Q! prestige license plate on such jointly owned motor vehicle shall notify the commissioner !!! such manner ~ the commissioner !!!!!Y prescribe
_Qy regulation and shall .P!!Y !! transfer fee Qf $1.00, whereupon the commissioner shall
change the registration for such license plate j;Q reflect such joint ownership.
(c) Upon the transfer Qf !! jointly owned vehicle upon which there .! !! special ~ prestige license plate and the subsequent acquisition Qf !! motor vehicle !!! the sole name Qf the person who .! authorized j;Q obtain such special Q! prestige license plate pursuant

584

JOURNAL OF THE HOUSE,

!Q this article, such person shall notify the commissioner !!! such manner ~ the commissioner shall prescribe Q.y regulation and shall P!!Y _!! transfer fee Qf $1.00, whereupon the commissioner shall change the registration Qf such special Q! prestige plate !Q reflect the
sole ownership Q.y such individuaL"
By striking from lines 4 through 8 of page 82 the following:
"component parts or for which the insurance company has paid a total loss claim1
regardless Qf the extent Qf damage !Q such vehicle Q! the number Qf major component
parts required !Q repair such vehicle",
and inserting in lieu thereof the following:
"component parts or !!!!.}' vehicle for which the insurance company has paid a total
loss claim and the vehicle has not been repaired, regardless Qf whether the insurance company acquires such vehicle and regardless Qf the extent Qf damage !Q such vehicle Q! the number Qf major component parts required !Q repair such vehicle, but !! stolen
motor vehicle subsequently recovered undamaged with the manufacturer's vehicle identification number plate intact shall not be deemed _!! salvage motor vehicle"
By striking from lines 26 through 33 of page 86 and lines 1 and 2 of page 87 the following:
"1963;
i!ID____A moped; Q!
i!_!!L__A mobile home with _!! model Y!l!!!' 1963 Q!: newer which has been permanently affixed !Q the owner's realty and ~ claimed under the homestead exemption laws relat-
!!!g !Q real property. For purposes Qf this paragraph, whether I! mobile home ~ 'permanently affixed' shall be determined Q.y the county tax assessor Qf the county !!! which
the mobile home~ located.",
and inserting in lieu thereof the following:
"1963; Q!:
(18) A moped.".
By striking from lines 4 through 6 of page 95 the following:
"and the date or dates of such security interest or lien in the order of priority",
and inserting in lieu thereof the following:
''and the date 61' dates 6f stteh seeuffly ffiterest 61' lieft ffi the 6l'der 6f pritH'ity''.
By striking from lines 14 and 17 of page 99 the following:
"duplicate",
and inserting in lieu thereof the following:
"duplicate new".
By striking from lines 13 through 16 of page 101 the following:
"federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the !Clean Air Act,; as amended, and as required by",
and inserting in lieu thereof the following:
"federal emissien and safety standards applicable to new motor vehicles as required by 412 U.S.C.A. 8eeti6ft '74ffi ihrettgh 8eeti6ft ~ lm6wH as the !.Clean Air Aei;-'- as
amended, and as :rettttired by".

FRIDAY, FEBRUARY 2, 1990

585

By striking from lines 19 through 34 of page 111 and lines 1 through 19 of page 112 the following:
"(2) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, grill, hood, and bumper; the rear clip assembly, which includes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel or any insurance company which acquires such damaged motor vehicle by virtue of having paid a total loss claim shall obtain the certificate of title for such
motor vehicle from the owner and shall notify the commisSiOner Qf the payment Qf such
total loss claim in such manner as the commissioner shall prescribe and shall either mail
or deliver the certificate of titletothe commissioner for cancellation~ 1 !!:! which event the insurance company shall reimburse the towing and storage company !!:! possession
Qf the damaged motor vehicle for all applicable towing and storage charges on such vehicle Q! the insurance company shall ~ for and obtain !! salvage certificate Qf title for
such damaged motor vehicle, ~ provided for !!:! this article, and transfer such salvage certificate Qf title !Q the towing and storage company !!:! lieu Qf payment Qf towing and storage charges on such vehicle Q! the owner Qf the vehicle if the owner ~ !!:! possession
Qf such vehicle. An insurance company shall be deemed !Q have paid ~ total loss claim
when the vehicle has been damaged so extensively that it can not be restored to an operable cOrlciitiOn Q! when the cost Qfrepairs !Q restore such vehicle !Q anoperablecon-
dition exceeds the fair market value Qf such vehicle.",
and inserting in lieu thereof the following:
"(2) fA)_ The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, grill, hood, and bumper; the rear clip assembly, which includes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel 61' ftftY iHstlraHee eampaH) whieft ~ stieh damaged fft6i6r vehicle by viritte 6f flsviftg ptHd a i6iftl ffiss elftim shall mail or deliver the certificate of title to the commissioner for cancellation.
(B) Any insurance company which acquires ~ damaged motor vehicle _Qy virtue Qf having paid ~ total loss claim shall mail Q! deliver the certificate Qf title !Q the com-
missioner for cancellation. !!! every case !!:! which !! total loss claim ~ paid and the
insurance company does not acquire such damaged motor vehicle, the insurance com-
P!!!!Y ~ such total loss claim shall notify the commissioner and the owner Qf the payment Qf ~ total loss claim."
By striking from lines 24 and 26 of page 112 the following:
"15",
and inserting in lieu thereof the following:
"l-5 30".
By striking from lines 6 through 10 of page 115 the following:
"(i) Any person, firm, Q! corporation which ~ !! total loss claim !Q the registered owner Qf !! salvage motor vehicle shall immediately remove the license plate from such vehicle and return such plate !Q the commissioner for cancellation.".
By striking from lines 30 through 34 of page 115 and lines 1 through 3 of page 116 the following:
"iliL...A!! applications submitted pursuant !Q this Code section shall be accompanied _Qy one Q! more photographs Qf the motor vehicle !!:! its wrecked condition before !!!!Y

586

JOURNAL OF THE HOUSE,

repairs have been made !Q such vehicle, which photographs shall be used _Qy the commissioner !!! his inspections Qf the vehicle pursuant !Q this Code section.
W i2. (1) Upon receipt of an application for a",
and inserting in lieu thereof on line 3 of page 116 the following:
"(b) (1) Upon receipt of an application for a".
By inserting between lines 32 and 33 of page 116 the following:
"hl____A!! applications submitted pursuant !Q this Code section shall be accompanied _Qy one Q! more photographs Qf the motor vehicle !!! its wrecked condition before ~ repairs have been made !Q such vehicle, which photographs shall be used _Qy the commissioner !!! his inspections Qf the vehicle pursuant !Q this Code section."
By striking from line 34 of page 116 and line 10 of page 118 the following:

and inserting in lieu thereof the following: "(b)".
By striking from line 23 of page 123 the following:
", the date of his security interest," and inserting in lieu thereof the following:
''; the date of his seettriiy interest;''. By striking from line 7 of page 124 the following: "and the date of the security agreement", 1and inserting in lieu thereof the following: I "llftd the date of the seettriiy agreemeBt".
I
By striking from lines 18 and 20 of page 127 and from lines 5 and 6 of page 130 the following:
"duplicate", and inserting in lieu thereof the following:
"duplieate new". By striking from lines 30 and 31 of page 134 the following: '\with the release ~ executed title application and title application fee", and inserting in lieu thereof the following: ", with the release, the ~ executed title application, and the title application fee". By striking from lines 12 through 15 of page 304 the following:
"The driver Qf !! vehicle need not ~ upon meeting Q! passing _I! school bus which ~traveling!!! the opposite direction upon _I! road with four Q! more lanes Qf traffic.".
By striking from lines 29 through 34 of page 304 and line 1 of page 305 the following:
"A school bus driver shall not receive Q! discharge students from Q! onto !! roadway
with four Q! more lanes Qf traffic !!! _1!!!Y manner which permits Q! encourages such stu-
dents !Q cross such roadway except !!! an intersection where traffic ~ controlled _Qy !!
traffic-control signal.".

FRIDAY, FEBRUARY 2, I990

587

By striking from lines 32 and 33 of page 352 the following:
"be guilty of a misdemeanor and, upon conviction thereof,",
and inserting in lieu thereof the following:
"be gttiliy 6f a misdemelifl6r ftftd.; tip6ft e6H ieti6H iftetoe6f, upon _I! first Q! second conviction thereof, be guilty Qf _I! misdemeanor and, upon _I! third Q! subsequent conviction thereof, be guilty Qf _I! high and aggravated misdemeanor and".
By inserting between lines 5 and 6 of page 366 the following:
"Section 5A. Chapter 7 of Title I6 of the Official Code of Georgia Annotated, relating to damage to and intrusion upon property, is amended by striking Code Section I6-7-29, which reads as follows:
'I6-7-29. (a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested not to do so by a law enforcement officer or by the owner or an authorized agent of the owner, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant, a group of merchants, or a shopping center or other similar facility for customers if:
(I) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than I50 parking spaces then by at least one such sign for every I50 parking spaces, each such sign containing the following information in easy to read printing:
(A) Notice of the elements of the crime of criminal trespass by motor vehicle;
(B) Identification of the property which is reserved for customers' use only;
(C) Identification of the merchant, group of merchants, or shopping center or other similar facility providing the parking area; and
(D) Warning that violators will be prosecuted; and
(2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of:
(A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified;
(B) Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area;
(C) Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or
(D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.
(b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine:
(I) Not to exceed $50.00 for the first such offense;
(2) Not to exceed $IOO.OO for the second such offense; and
(3) Not to exceed $I50.00 for the third or subsequent such offense.

588

JOURNAL OF THE HOUSE,

(c) The governing authority of any municipal corporation by ordinance may adopt by reference the provisions of subsection (a) of this Code section without publishing or posting in full the provisions thereof. Any person violating any such ordinance shall be subject to a monetary fine:
(1) Not to exceed $50.00 for the first such violation;
(2) Not to exceed $100.00 for the second such violation; and
(3) Not to exceed $150.00 for the third or subsequent such violation.'
in its entirety."
By striking from lines 27 and 28 of page 379 the following:
"Section 17. This Act shall become effective on January 1, 1989.",
and inserting in lieu thereof the following:
"Section 17. Prosecution for any violation of Sections 4 and 5 of this Act occurring prior to January 1, 1991, is not affected or abated by this Act.
Section 18. Sections 1, 2, and 3 of this Act shall become effective on July 1, 1990, except that paragraph (4) of subsection (a) of Code Section 40-2-33 contained in Section 2 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act's becoming law without such approval, and the remainder of this Act shall become effective January 1, 1991."
By striking from line 29 of page 379 the following:
"18",
and inserting in lieu thereof the following:
"19".

The following amendments were read and adopted:

Representatives Isakson of the 21st and Jackson of the 9th move to amend HB 1360 by striking from lines 19 and 20 of page 175 the following:
"content of 0.12 percent or greater while operating a motor vehicle",
and inserting in lieu thereof the following:
"etmteni concentration of 0.12 pereeHt 61' greaiel' while grams Q! more !!! ~ time
within three hours after operating a motor vehicle from alcohol consumed before such
driving Q! actual physical control ended Q! who have ~ amount Qf marijuana Q! ~
controlled substance without prescription present !!! their blood Q! urine, without regard
!Q the presence Qf alcohol, while operating !! motor vehicle".
By striking from line 16 of page 352 the following:
"or",
and inserting in lieu thereof the following:
"6f'".
By striking the period at the end of line 21 of page 352 and inserting in lieu thereof the following:
"; j Q!".
By inserting between lines 21 and 22 of page 352 the following:

FRIDAY, FEBRUARY 2, 1990

589

"(5) Subject !Q the provisions Qf subsection (b) Qf this Code section, there ~ !!!!Y
amount Qf marijuana Q! !! controlled substance, ~ defined !!! Code Section 16-13-21, present !!! the person's blood Q! urine, Q! both, including the metabolites and derivatives Qf each Q! both without regard !Q whether Q! not ~ alcohol ~ present !!! the person's
breath Q! blood."

Representative Jackson of the 9th moves to amend HB 1360 by striking the period from the end of line 11 of page 176 and inserting in lieu thereof the following:
",provided that both_!! blood and urine test shall be administered !Q ~person oper-
ating!! motor vehicle involved !!! !! traffic accident resulting !!! serious injuries Q! fatali-
ties."

Representative Jackson of the 9th moves to amend HB 1360 by striking from line 20 of page 24 the following:
''40-3-3-3'', and inserting in lieu thereof the following:
''~''.
By striking from line 29 of page 288 the following: ''4G-5--52''' and inserting in lieu thereof the following:
''~''.
By striking from line 14 of page 289 the following: ''4e-5--5fl,,' and inserting in lieu thereof the following:
''4(}-6--53,,
By striking from line 22 of page 321 the following: "40-2-225.", and inserting in lieu thereof the following: 40-6-225.".

Representative Jackson of the 9th moves to amend HB 1360 by striking from lines 23 and 24 of page 354 the following:
"not more than $5,000.00 $l,eee.ee",
and inserting in lieu thereof the following:
"not less than $1,000.00 and not more than $5,000.00".

Representative Smith of the 78th moves to amend HB 1360 by striking from line 17 of page 19 the following:
"validated.",
and inserting in lieu thereof the following:
"validatedi provided, however, that the purchaser Qf!! new vehicle Q! !!_vehicle which does not have !! current and valid registration Q! _!! used vehicle !!!!!,Y operate such vehicle

590

JOURNAL OF THE HOUSE,

on the public highways and streets Qf this state without !! current valid license plate during the 21 ~ period within which the purchaser !_ required ~ Code Section 40-2-20 .!Q register Q! transfer the registration Qf such vehicle and provided, further, that the purchaser and operator Qf !! vehicle shall not be subject .!Q the penalties set forth !!! this Code section during the period allowed for the registration Q! transfer Qf registration."
Representative Jackson of 9th moves to amend HB 1360 by striking from line 10 of page 225 the following:
"who are not domiciled!!! this state.",
and inserting in lieu thereof the following:
"operating vehicles which are not required _!Q be registered Q! licensed!!! this state."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates y Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford y Byrd
Y Campbell Y Carrell Y Carter YChambless Y Chance
Cheeks

Y Childers N Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G
Y Davis,M YDixon,H Y Dixon,S y Dobbs
Y Dover YDunn
Y Edwards y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
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 YHooks
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 Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten
Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
YRansom YRay Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Y Smith,T Y Smith,W Y Smyre Y Snow Y Stancii,F Y Stancii,S Y Stanley E Steele
Stephens Y Streat Y Teper YThomas,C
YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
YWare Y Watson Y Watts y White
Y Wilder YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

SB 291. By Senators Fuller of the 52nd, Kidd of the 25th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to extensively revise said chapter; to provide for definitions; to repeal a provision relating to the authority of local governing authorities to license and regulate billiard rooms; to provide qualifications for persons operating billiard rooms.

FRIDAY, FEBRUARY 2, 1990

591

The following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to repeal and revise completely and reenact said chapter; to provide for definitions; to provide that local governing authorities shall have the power to license, regulate, and tax billiard rooms subject to certain limitations and requirements; to provide conditions for the regulation of billiard rooms by local governments; to provide conditions relative to license fees and business taxes; to provide conditions relative to hours of operation; to provide conditions relative to the sale of alcoholic beverages on the premises of billiard rooms or places operated in connection therewith; to provide that local governments may not prohibit billiard rooms or the playing of billiards at places where alcoholic beverages are not sold; to provide conditions for the revocation of licenses for the operation of billiard rooms or for restraints on the operation of billiard rooms; to provide that the chapter shall not apply to billiard rooms or billiard tables operated by private industrial concerns, Young Men's Christian Associations, religious orders, charitable institutions, state, county, or city institutions, fraternal orders, or bona fide clubs; to provide for the continued effectiveness of local ordinances which are not in conflict with the revised chapter; 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 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, is amended by striking said chapter, which reads as follows:
"CHAPTER 8
43-8-1. As used in this chapter, the term: (I) 'Billiard room' means any public place where a person is permitted to play the
game of billiards and for which a charge is made for use of equipment. (2) 'Billiards' means any of the several games played on a table surrounded by an
elastic ledge of cushions with balls which are impelled by a cue and shall include all forms of the game known as 'carom billiards,' 'pocket billiards,' and 'English billiards.' 43-8-2. The governing authority of each county in this state shall have the power to license the operation of billiard rooms in such county. The governing bodies of municipal corporations shall have the power to license and regulate by ordinance the operation of billiard rooms within their corporate limits. 43-8-3. No license to operate a billiard room shall be issued to any person who is not 21 years of age and a citizen of the United States or who has been convicted of a felony. Application for a license to operate a billiard room shall be first made to the governing authority of the county in which the applicant proposes to conduct such business in the form provided in this chapter; and no license shall be issued by any municipal corporation to any person to engage in such business until after such person has made application to and has been granted a license by the governing authority of the county in which such municipal corporation is located. 43-8-4. Before any person shall be authorized to conduct a billiard room in any municipal corporation, that person must, in addition to complying with this chapter, make application to the clerk of such municipal corporation for a license; and the application shall certify that application has been made and a license granted to such applicant by the governing authority of the county. 43-8-5. (a) Every application for a license shall be accompanied by the affidavit of the applicant, sworn to before an officer authorized by law to administer oaths, stating that the applicant is a citizen of the United States; that he has not been convicted of a felony; that he will not permit vagrants or persons under the influence of intoxicating liquors to enter or play in his place; that the applicant will have personal charge and

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management of the business; that he will not permit gambling nor permit the billiard tables to be used in any manner other than as provided by law.
(b) There shall also be filed with the application a bond in the penal sum of $500.00 payable to the state and conditioned upon the faithful performance of all provisions of this chapter, signed by the applicant as principal and either a surety company or two individuals as securities, which bond shall be approved by the governing authority of the county and filed in his office.
(c) When the application and bond have been filed and approved, the governing authority of the county shall issue a license for the current year or unexpired portion thereof upon the payment of the license fees provided by law.
(d) If any licensee shall voluntarily relinquish personal supervision, management, and control of such billiard room, he shall surrender his license to the governing authority of the county, who may issue a new license to some other person to continue the business under this chapter, in which event credit shall be given for the unused portion of the surrendered license; but, if any licensee transfers or subleases the place of business to anyone or relinquishes management and control of the business without surrendering his license to the governing authority of the county for reissuance, the license shall be deemed to be forfeited, and the governing authority of the county must notify the sheriff of the county, who shall close the place of business.
43-8-6. The governing body of any municipal corporation where billiard rooms are operated may fix a license fee for the operation of such billiard rooms and shall make such additional regulations governing their operation as the governing body may deem proper, provided that no municipal corporation shall have power to license or authorize the doing of any act prohibited by this chapter.
43-8-7. All public billiard rooms shall be kept in a clean, sanitary condition and shall comply with all sanitary rules and regulations of the Board of Human Resources and of the county board of health or municipal department of health having jurisdiction.
43-8-8. No person who operates a billiard room shall permit any screens, curtains, blinds, partitions, or other obstructions to be used to prevent a clear view of the interior, which clear view must be maintained at all times. No partitions forming rooms, stalls, or other enclosures shall be permitted. However, this Code section shall not be construed to prohibit the maintenance of washrooms and toilet rooms for proper purposes nor the maintenance of closets for storage purposes exclusively.
43-8-9. It shall be unlawful for any person to operate a billiard room between the hours of 12:00 Midnight and 6:00 A.M. or to permit any person to remain in such billiard room between such prohibited hours, except regular employees performing necessary labor on the premises.
43-8-10. (a) It shall be unlawful for any person under the age of 18 years to play billiards in, or for any other purpose to enter or remain in, a billiard room in which beer, wine, or alcoholic beverages are offered for sale. This subsection shall not apply to persons under 18 years of age who are accompanied by a parent or guardian or who possess a written permit from a parent or guardian, which permit is witnessed by a notary public with seal.
(b) In the event that the proprietor of a billiard room is of the opinion that any person desiring admission thereto is under the age of 18 years, he shall require such person to certify his age in writing or to produce a legal permit.
43-8-11. Every licensee under this chapter shall post in the room where billiard tables are operated a placard with the language of Code Section 43-8-10 conspicuously written thereon for the information of his patrons.
43-8-12. No dice, cards, dominoes, or other games of chance shall be permitted, nor any form of gambling allowed, in any billiard room or in any other business place operated in connection therewith; and such games as Kelly pool, keno, pigeon pool, Parker pool, star pool, scrub, and similar gambling devices are prohibited. No racing or other betting pool shall be exhibited or sold in such place of business. The use of baseball tickers and the posting of results of sporting events is expressly prohibited in billiard rooms or in any place operated in connection therewith. No alcoholic beverages shall be sold, served, or allowed to be used in or on the premises of billiard rooms or any place

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operated in connection therewith, except that this prohibition shall not apply if such premises or establishment is an establishment which is authorized to sell alcoholic beverages and derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.
43-8-13. It shall be unlawful for any billiard room to maintain connections with any place where gambling is conducted or where persons congregate for the consumption of alcoholic beverages or for immoral purposes. It shall be unlawful for any licensee to display or use the word 'pool' in or on any window, sign, building, stationery, or advertising matter used in connection with such place of business.
43-8-14. It shall be the duty of the sheriff, police, or other constituted authorities to inspect all public billiard rooms in the county for the purpose of ascertaining whether or not the provisions of this chapter are being observed; and it shall be his and their duty to report all violations promptly to the appropriate prosecuting attorney of the county and furnish him with such information and assistance as is necessary for the prosecution of such violations.
43-8-15. This chapter shall not be construed as authorizing the issuance of billiard room licenses by city officials or county governing authorities for the operation of public billiard rooms in any municipal corporation where the operation of a public billiard room is prohibited by local ordinance.
43-8-16. This chapter shall not apply in counties or municipalities having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census if the governing body of any such county or municipality, by appropriate local ordinance or resolution, provides that this chapter shall not apply and, pursuant to its home rule authority, provides for the licensing and regulation by such county or municipality of billiard rooms located therein.
43-8-17. This chapter shall not apply to billiard tables or billiard rooms operated by private industrial concerns, Young Men's Christian Associations, religious orders, charitable institutions, state, county, or city institutions, fraternal orders, or bona fide clubs using such tables for members or employees only.
43-8-18. (a) Every person, firm, or corporation operating a billiard room within a municipality without having applied for a license, as provided for in Code Sections 43-8-3 through 43-8-5, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than $25.00 nor more than $50.00; and each day that the billiard room is operated without a license shall be a separate offense.
(b) Any person who has not reached the age of 18 who remains in a billiard room without a permit or without being accompanied by a parent or guardian in accordance with Code Section 43-8-10, or who makes a false certificate as to his age, or who uses a forged permit shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $10.00, nor more than $25.00.
(c) Any licensees who shall knowingly violate this chapter shall be guilty of a misdemeanor. Each violation thereof shall constitute a separate offense and shall be punishable as such.", in its entirety and substituting in lieu thereof a new Chapter 8 of Title 43 to read as follows:
"CHAPTER 8
43-8-1. As used in this chapter, the term: (I) 'Area of operation' means the unincorporated area of the county in the case of
counties and the territory located within the corporate limits of the municipality in the case of municipalities.
(2) 'Billiard room' means any public place where a person is permitted to play the game of billiards and for which a charge is made for use of equipment.
(3) 'Billiards' means any of the several games played on a table surrounded by an elastic ledge of cushions with balls which are impelled by a cue and shall include all forms of the game known as 'carom billiards,' 'pocket billiards,' and 'English billiards.'
(4) 'Governing authority' means the official or group or body of officials of a county or municipality authorized to exercise the legislative powers of the county or municipality.

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(5) 'Local government' means any county or municipality of this state. 43-8-2. (a) Subject to the authorizations and limitations of this Code section, the governing authority of each local government in this state shall have the power by ordinance or resolution to license, regulate, and tax billiard rooms within its respective area of operation. (b) If ordinances or resolutions of local governments regulating billiard rooms are adopted, such ordinances or resolutions shall be subject to the following conditions:
(1) A license fee shall be consistent with the cost of regulation of billiard rooms and business taxes assessed upon billiard rooms shall be established on the same basis as such taxes are imposed for similar types of businesses; provided a license fee may be imposed on a billiard room which is operated as part of another business or activity licensed by a local government;
(2) An ordinance or resolution which prohibits the operation of billiard rooms during specified hours shall not apply to a business which includes a billiard room if the billiard room is not operated during the prohibited hours; provided, however, no ordinance or resolution controlling the hours of operation of billiard rooms shall prohibit their operation from 6:00 A.M. until 12:00 Midnight;
(3) Any ordinance or resolution which prohibits alcoholic beverages from being sold, served, or allowed to be used in or on the premises of billiard rooms or any place operated in connection therewith shall not apply if such premises or establishment is an establishment which is authorized to sell alcoholic beverages and derives at least 50 percent of its total annual gross revenues from the sale of products or services other than alcoholic beverages; provided, however, that if alcoholic beverages are sold by the drink for consumption on the premises of a billiard room, the governing authority of a local government may prohibit the sale, serving, or use of alcoholic beverages therein unless the establishment derives at least 75 percent of its revenue from the sale of products or services other than alcoholic beverages; and
(4) No local government may prohibit billiard rooms or the playing of billiards in any business which neither sells alcoholic beverages for consumption on the premises nor engages in package sales of such beverages nor allows alcoholic beverages to be consumed on the premises. (c) A governing authority of a local government may revoke a license or impose reasonable restraints on the operation of a billiard room or the use of billiard tables within its jurisdiction when the governing authority finds that such revocation or such additional restrictions are reasonably justified by imminent danger to the public or finds that frequent and continuing incidents in a licensed billiard room are endangering the public health, safety, and welfare of the citizens of the local government. 43-8-3. This chapter shall not apply to billiard tables or billiard rooms operated by private industrial concerns, Young Men's Christian Associations, religious orders, charitable institutions, state, county, or city institutions, fraternal orders, or bona fide clubs using such tables for members or employees only."
Section 2. Unless specifically prohibited by the provisions of Chapter 8 of Title 43 as revised, reenacted, and set forth in Section 1 of this Act, existing regulations imposed upon billiard rooms by local ordinances or resolutions in existence on the effective date of this Act shall remain in effect.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Pettit of the 19th moves to amend SB 291 by deleting subsection (c) of Code Section 43-8-2 where the same appears in lines 16 through 25 on page 10 and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Notwithstanding anything in this statute to the contrary, municipal corporations and counties may impose reasonable regulations, suspension and revocation of licenses

FRIDAY, FEBRUARY 2, 1990

595

under the same standards that are applicable to other businesses licensed by the municipality or county."
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 Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Chambless Y Chance
Cheeks

Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S y Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooks
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 Y Long Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy
Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows
YMilam Y Mobley
Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston Y Powell y Randall
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 Y Smith,T Y Smith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
E Steele Y Stephens Y Streat Y Teper Y Thomas,C
Thomas,M YThompson YThurmond 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 E 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.

HB 695. By Representative Heard of the 43rd:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, so as to authorize creditable service to be obtained for certain active duty service in the armed forces of the United States as a member of a National Guard unit which was called into federal service.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees'

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Retirement System of Georgia, so as to authorize creditable service to be obtained for certain active duty service in the armed forces of the United States as a member of a National Guard unit which was called into federal service; to provide for matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new subsection (i) to read as follows:
"(i) (1) Any other provisions of this chapter to the contrary notwithstanding, any member, other than a member who is subject to the provisions of Code Section 47-2-334, who served on active duty in the armed forces of the United States during a period of time provided for in paragraph (2) of this subsection as a member of a National Guard unit which was called into federal service may receive creditable service for such active duty military service subject to the limitations and requirements of this subsection.
(2) If the active duty military service described in paragraph (1) of this subsection was at any time from August 5, 1964, through May 7, 1975, the member claiming the creditable service shall pay the employee contributions plus interest described in subsection (f) of this Code section as a condition of obtaining such creditable service. If the active duty military service described in paragraph (1) of this subsection was at any time from January 1, 1954, until August 5, 1964, the member claiming the creditable service shall pay the employee contributions plus interest described in subsection (g) of this Code section as a condition of obtaining such creditable service.
(3) No active duty military service shall be creditable under the provisions of this subsection if such service has been or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. The maximum amount of creditable service which may be obtained pursuant to the provisions of this Code section is five years and the total creditable service for all military service shall not exceed ten years. Creditable service obtained pursuant to the provisions of this subsection may not be used to attain any level of creditable service to qualify for a retirement benefit based on involuntary separation from service.
(4) Notwithstanding any other time limitation provided in this chapter for obtaining creditable service for military service, a qualified member may obtain creditable service pursuant to the provisions of this subsection until July 1, 1991."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.

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

FRIDAY, FEBRUARY 2, 1990

597

HB 560. By Representatives Hamilton of the 124th, Childers of the 15th, Richardson of the 52nd, Oliver of the 53rd and Connell of the 87th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for coordination of the delivery of services to children and adolescents with severe emotional disturbances.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for coordination of the delivery of services to children and adolescents with severe emotional disturbances; to define certain terms; to provide for intent; to provide for ideals and principles of coordinated care; to provide for coordination of services by the Department of Education and the Department of Human Resources; to provide for the joint adoption of rules and budgets; to provide for an individual plan for each such child or adolescent; to provide for joint development of a five-year plan for the coordinated system of care; to provide for an annual report regarding such plan; to prohibit future out-of-state placement of severely emotionally disturbed children and adolescents and to require those currently placed out of state to be brought home; to provide for exceptions; to provide that funds used for out-of-state placements shall be used for in-state treatment of such children and adolescents; to provide for development of fiscal incentives for community based services and programs; to provide for provision of services in the least restrictive environment; to authorize certain private agencies to provide services; to provide for creation of local interagency children's committees; to provide for their membership, duties, and responsibilities; to provide for the development of regional plans for the delivery of services; to provide for case management; to provide for all related matters; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, is amended by adding at the end thereof a new Article 8 to read as follows:
"ARTICLE 8
49-5-180. (a) The General Assembly declares its intention and desire to: (1) Ensure a comprehensive mental health program consisting of early identifica-
tion, prevention, and early intervention for every child in Georgia; (2) Preserve the sanctity of the family unit; (3) Prevent the unnecessary removal of children and adolescents with a severe
emotional disturbance from their homes; (4) Prevent the unnecessary placement of these children out of state; (5) Bring those children home who are inappropriately placed out of state through
use of public funds; and (6) Develop a coordinated system of care so that children and adolescents with a
severe emotional disturbance and their families will receive appropriate educational, nonresidential and residential mental health services, and support services, as prescribed in an individualized plan. (b) In recognition of the fact that services to these children are provided by several different agencies, each having a different philosophy, a different mandate, and a different source of funding, the General Assembly intends that the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources shall have the primary responsibility for planning, developing, and implementing the coordinated system of care for severely emotionally disturbed children. Further, it recognizes

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that to enable severely emotionally disturbed children to develop appropriate behaviors and demonstrate academic and vocational skills, it is necessary that the Department of Education provide appropriate education in accordance with P.L. 94-142 and that the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources provide mental health treatment.
(c) Further, in recognition that only a portion of the children needing services are receiving them and in recognition that not all the services that comprise a coordinated system of care are currently in existence or do not exist in adequate numbers, the General Assembly intends that the Department of Human Resources and the Department of Education jointly develop and implement a State Plan for the Coordinated System of Care for severely or emotionally disturbed children or adolescents as defined in paragraph (10) of Code Section 49-5-181.
(d) The commissioner of the Department of Human Resources and the State School Superintendent shall be responsible for the development and implementation of the state plan.
(e) The commissioner of the Department of Human Resources shall be responsible for preparing this jointly developed state plan for publication and dissemination. The commissioner of the Department of Human Resources shall also be responsible for preparing for publication and dissemination the annual report.
(f) The receipt of services under this article is not intended to be conditioned upon placement of a child in the legal custody, protective supervision, or protection of the Department of Human Resources.
49-5-181. As used in this article, the term: (1) 'Annual report' means the report prepared by the commissioner of the Depart-
ment of Human Resources for publication and dissemination that includes: the jointly developed State Plan for the Coordinated System of Care; and data on state services to severely emotionally disturbed children or adolescents that are provided either directly by the Department of Human Resources, the Department of Education, or other involved state agencies, or indirectly through state funding to private agencies.
(2) 'Case management' means assuring continuity of services for the child and family, coordinating of services for the child and family, coordinating the interagency assessment of the child and family's needs, arranging for needed services, and linking various services and agencies.
(3) 'Case manager' means the individual identified and assigned the responsibility of ensuring that the child and family obtain necessary services. The case manager shall ensure that evaluations and service provision from multiple agencies are coordinated; that services are based on integrated assessments and evaluations; that adequacy and appropriateness of services is reviewed through quarterly case review staffings; that prompt service delivery is facilitated; that clients are tracked; and that family involvement and input is maintained.
(4) 'Coordinated system of care' means a comprehensive array of mental health and other necessary services organized into a coordinated network to meet the multiple and changing needs of severely emotionally disturbed children and adolescents.
(5) 'Five-year plan' or 'state plan' means the State Plan for the Coordinated System of Care for severely emotionally disturbed children or adolescents.
(6) 'Individualized plan' means a written plan for a child or adolescent with a severe emotional disturbance, when appropriate and when eligible, that is based upon the comprehensive multidisciplinary assessment of the individual needs of the child. Such plans shall include, but not be limited to: individualized treatment plans; individualized education plans; individualized placement plans; individualized case plans; individualized family service plans; and individualized employment, service, and rehabilitation plans.
(7) 'Local interagency children's committees' means committees with multiagency representation that are established at the local level to staff cases and review decisions about appropriate treatment or placement of children or adolescents experiencing severe emotional disturbance. Existing troubled children's committees may serve as local interagency committees.

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599

(8) 'Regional plan' means a written strategy developed by local interagency children's committees based on the principles delineated in Code Section 49-5-182. It contains the same components as the state plan.
(9) 'Reintegration plan' means an individualized plan that is designed to provide for the return of the severely emotionally disturbed child or adolescent, who has been placed out of home or out of state to his family or community.
(10) 'Severely emotionally disturbed child or adolescent' or 'child or adolescent with a severe emotional disturbance' means a person defined as such by the Department of Human Resources for mental health services or by the Department of Education for educational purposes. 49-5-182. The following ideals shall be the guiding principles for the coordinated system of care:
(I) Services shall be child and family centered and give priority to keeping children with their families. Families shall be fully involved in all aspects of planning and delivery of services; however, no family shall be required to accept services;
(2) Services shall be community based, with decision-making responsibility and management at the community level;
(3) Services shall be comprehensive, addressing the child's physical, educational, social, and emotional needs;
(4) Agency resources and services shall be shared and coordinated with written interagency agreements detailing linkages;
(5) Services shall be provided in the least restrictive setting consistent with effective services and as close to the child's home as appropriate;
(6) Services shall address the unique needs and potential of each child and shall be sufficiently flexible to meet the individual needs of the child and family;
(7) Services shall promote early identification and intervention; (8) Services shall be culturally and ethnically sensitive; (9) All legal rights of these children shall be protected; and (10) The parent or guardian shall be involved in the development of the individualized plan and the delivery of services as defined by the individualized plan. 49-5-183. (a) The State Plan for the Coordinated System of Care shall be based upon the projected need for services for a five-year period. The plan shall: (I) Be based upon the principles delineated in Code Section 49-5-182; (2) Be based on a case management system with assigned case managers; (3) Consider nonresidential services including case management, prevention, early identification, assessment, outpatient treatment, home based services, day treatment, and emergency services; (4) Consider residential services including therapeutic foster care, therapeutic group care, independent living services, residential treatment care, and inpatient hospitalization; (5) Include mechanisms for handling conflict resolution among the various responsible agencies; (6) Provide a mechanism to coordinate local resources with all involved state agencies; (7) Develop specific guidelines for the development and submission of regional interagency plans based on the principles in Code Section 49-5-182; (8) Provide for the coordination of budget, where possible; for the publication of joint costs of the comprehensive plan; and for a statement on budget recommendations; (9) Identify gaps in service;
(10) Identify needed policy revisions; and
(11) Recommend priorities for the continuation or development of programs and resources.
(b) In developing the plan, the Department of Human Resources and the Department of Education shall collect information on the population currently being served and the population projected to be served.
(c) The plan shall be updated annually.

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(d) The first plan shall be put into implementation July 1, 1991. 49-5-184. The commissioner of Human Resources shall submit an annual report to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Committee, the Senate Committee on Children and Youth, the Governor, and the Commission of Children and Youth. The report shall contain a copy of the updated State Plan for the Coordinated System of Care. The report shall also contain the following information on severely and emotionally disturbed children and adolescents receiving services directly or indirectly through the Department of Human Resources, the Department of Education, or any other state agency:
(1) The number and ages of children in out-of-state residential facilities; (2) The number and ages of children in in-state residential facilities; (3) The number and ages of children in nonresidential treatment; (4) Annual public funds expended for out-of-state placements, the sources of such funds, and the average cost per child of such out-of-state placement; (5) Annual public funds expended for in-state residential placements, the sources of such funds, and their average cost per child of such in-state residential placement; (6) Annual public funds expended for nonresidential treatment, the sources of such funds, and the average cost per child of such nonresidential treatment; (7) The average length of stay in out-of-state and in-state placements; and (8) The number and ages of children placed in out-of-home treatment compared to the total number of children in each county of the state. 49-5-185. (a) At least one local interagency committee shall be established for each administrative district of the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources whose permanent membership shall include a local representative from each of the following: (1) The community mental health agency responsible for coordinating children's services; (2) The Division of Family and Children Services of the Department of Human Resources; (3) The Division of Youth Services of the Department of Human Resources; (4) The Division of Public Health of the Department of Human Resources; (5) A member of the special education staff of the local education agency; (6) The Rehabilitation Services Division of the Department of Human Resources. (b) In addition to the permanent members, the local interagency committee reviewing the case of a child or adolescent may include as ad hoc members the special education administrator of the school district serving the child or adolescent, the parents of the child or adolescent, and caseworkers from any involved agencies.
(c) The local interagency committees shall: (1) Staff cases and review and modify as needed decisions about placement of chil-
dren and adolescents in out-of-home treatment or placement, monitor each child's progress, facilitate prompt return to the child's home when possible, develop a reintegration plan shortly after a child's admission to a treatment program, review the individual plan for the child or adolescent and amend the plan if necessary, and ensure that services are provided in the least restrictive setting consistent with effective services; and
(2) Be the focal point for the regional plan, if any. 49-5-186. (a) Effective July 1, 1993, no children or adolescents with a serious emotional disturbance shall be placed out of state for treatment except after all community resources have been exhausted, all administrative procedures and remedies have been exhausted, or the court has ordered placement or services other than in Georgia. (b) The cases of all children and adolescents currently placed out of state for treatment of serious emotional problems shall be reviewed to determine the appropriateness of their placement, their readiness to return to their home community, and needed services. All children currently in out-of-state placement shall be brought home no later than July 1, 1995, but only after each child has been given an individual reintegration plan specifying in detail the services, both in terms of human services and in fiscal resources, that shall be available and provided for that child and family. The services

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601

for each such child shall be provided from the funds appropriated, including funds now used for out-of-state placement of such child, and all such services shall be provided in the least restrictive environment.
(c) Fiscal incentives, such as flexible funding or decentralized funding, shall be developed for keeping children with their families and developing community based services.
(d) Nothing in this article shall prohibit or prevent a nonprofit agency from contracting with the state to provide any part of the continuum of services, provided that such services shall be provided in the least restrictive environment.
49-5-187. (a) The Commission for Children and Youth shall: (1) Annually review and comment on the State Plan for the Coordinated System
of Care, and submit its comments to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Committee, the Senate Committee on Children and Youth, the Governor, the Department of Human Resources, and the Department of Education;
(2) Annually identify and recommend fiscal, policy, and program initiatives and revisions in the state coordinated system of care to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Committee, the Senate Committee on Children and Youth, the Governor, the Department of Human Resources, and the Department of Education."
Section 2. Those portions of this Act which require new funding shall not become effective until funds are appropriated by the General Assembly. All other portions of this Act shall become effective July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Hamilton of the 124th and Smith of the 152nd move to amend the House Health and Ecology Committee substitute to HB 560 by inserting on line 24 of page 6 between the word "services" and symbol ";" the following:
"for any family member".

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 108, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 20-2-695 of the Official Code of Georgia Annotated, relating to employment of attendance officers in lieu of visiting teachers, so as to limit the authority for local boards of education to employ attendance officers; to change certain terms;

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JOURNAL OF THE HOUSE,

to provide for staff development programs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-695 of the Official Code of Georgia Annotated, relating to the employment of attendance officers in lieu of visiting teachers, is amended by striking that Code section in its entirety and inserting in its place a new Code section to read as follows:
"20-2-695. G6tmiy M irulepemleHt selr66l system bemotls A local board of education may employ _!! person .!! an attendance 6ffieeros officer in lieu of _!! visiting teaehers
teacher only if that person had been employed .!! an attendance officer .2_y such local
board prior _!;Q July !, 1990. Such an attendance 6ffieeros officer must be paid wholly from selr66l local funds of the e6tlftty M iHdepeHdeHt selr66l system boaffls local board. 8tteh atteHdaflee Attendance officers shall not be required to qualify under rules and regulations promulgated by the State Board of Education for the certification of visiting teachers. The Department Qf Education ~ authorized and directed _!;Q provide _!! staff development program for attendance officers."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Hamilton of the 124th, was read and adopted:

A BILL
To amend Code Section 20-2-695 of the Official Code of Georgia Annotated, relating to employment of attendance officers in lieu of visiting teachers, so as to limit the authority for local boards of education to employ attendance officers; to change certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-695 of the Official Code of Georgia Annotated, relating to the employment of attendance officers in lieu of visiting teachers, is amended by striking that Code section in its entirety and inserting in its place a new Code section to read as follows:
"20-2-695. G6tmiy M iHdepeHdeHt selr66l system bemotls A local board of education may employ I! person .!! an attendance 6ffieeros officer in lieu of _!! visiting teaehers
teacher Q!!!y if that person had been employed .!! an attendance officer .2_y such local
board prior _!;Q ~ !, 1990. Such an attendance 6ffieeros officer must be paid wholly from selr66l local funds of the e6tlftty M iHdepeHdeHt selr66l system boaffls local board. 8tteh atteHdaflee Attendance officers shall not be required to qualify under rules and regulations promulgated by the State Board of Education for the certification of visiting teachers."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Abernathy Y Adams Y Aiken
Alford Allen

Y Athon N Atkins
Bailey Y Baker Y Balkcom N Bannister

Y Barfoot
Y Bargeron N Bamett,B
N Bamett,M Y Bates y Beck

Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch

Y Breedlove Y Brooks
Brown Y Buck N Buford Y Byrd

FRIDAY, FEBRUARY 2, 1990

603

Y Campbell
Y Carrell Carter
Y Chambless Chance Cheeks
Y Childers N Clark,B Y Clark,H
Clark,L
Coleman N Colwell N Connell Y Couch N Crawford N Crosby Y Cummings,B
Cummings,M Y Davis,C N Davis,G Y Davis,M
N Dixon,H Y Dixon,S Y Dobbs N Dover NDunn
Edwards N Ehrhart Y Felton N Fennel

N Floyd,J.M
Y Floyd,J.W
N Foster Y Godbee Y Goodwin
Green Greene Y Gresham N Griffin N Groover Y Hamilton Hanner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb N Holland
Holmes YHooks N Howren
N Hudson Y Irwin Y Isakson Y Jackson,J N Jackson,W N Jamieson N Jenkins
Johnson N Jones

Y Kilgore
Y Kingston Lane,D
Y Lane,R Y Langford N Lawrence Y Lawson Y Lee
Linder Y Long
Lord N Lucas N Lupton Y Mangum
Y Martin Y McCoy
N McDonald Y McKelvey Y McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley N Moody
N Morton Y Moultrie N Mueller Y Oliver,C Y Oliver,M
Y Orr

Y Orrock Y Padgett Y Pannell
Y Parham N Parrish N Patten Y Pettit
Pinkston N Poag
N Porter Y Poston N Powell
Randall Ransom NRay
Y Reaves y Redding
Y Richardson N Ricketson Y Robinson y Royal
Y Selman Y Simpson
Y Sinkfield N Smith,L
Y Smith,P N Smith,T
NSmith,W Smyre
YSnow

Y Stancii,F Y Stancii,S N Stanley
E Steele Y Stephens
Y Streat Y Teper
Y Thomas,C Thomas,M
Y Thompson Thurmond
N Titus Y Tolbert N Townsend NTwigga
Y Vaughan
N Waddle Walker,C
Y Walker,L
Y Wall Ware
Y Watson Y Watts
White Y Wilder YWilliams,B E Williams,J
N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 99, nays 50.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1320.

By Representatives Oliver of the 53rd, Smyre of the 92nd, Baker of the 51st, Simpson of the 70th, Robinson of the 96th and others:
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 revise the provisions relating to the removal of a child from that child's home; to provide that the Division of Family and Children Services of the Department of Human Resources shall submit a case plan for the reunification of the child and his or her family.

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 Annotated, relating to juvenile proceedings, so as to revise the provisions relating to the removal of a child from that child's home; to provide that the Division of Family and Children Services of the Department of Human Resources shall submit a case plan for the reunification of the child and his or her family; to provide that the Division of Family and Children Services shall retain supervision of the child; to provide for review procedures, hearings, and judicial orders relating to the reunification of the child and his or her family; to provide that upon proper cause parental rights may be terminated; 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 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Code Section 15-11-41, relating to limitations of time on orders of disposition, in its entirety and inserting in lieu thereof a new Code Section 15-11-41 to read as follows:

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JOURNAL OF THE HOUSE,

"15-11-41. (a) Reser.:ed.
fbt ill Except as otherwise provided by law, an order of disposition committing a
delinquent or unruly child to the Division of Youth Services continues in force for two
years or until the child is sooner discharged by the Division of Youth Services. The
court which made the order may extend its duration for an additional two years subject
to like discharge, if:
(1) A hearing is held upon motion of the Division of Youth Services prior to the
expiration of the order;
(2) Reasonable notice of the factual basis of the motion and of the hearing and an
opportunity to be heard are given to the child and the parent, guardian, or other cus-
todian; and
(3) The court finds that the extension is necessary for the treatment or rehabilita-
tion of the child.
W ill A court's order removing a child from the child's home shall be based upon
a finding by that court that continuation in the home would be contrary to the welfare
of the child 8Htl that . The court shall also determine ~ _I! finding 2f fact whether rea-
sonable efforts were made .Q.y the Division of Family and Children Services of the
Department 2f Human Resources and I!!!Y otherappropriateagencies to prevent orelim-
inate the need for removal and to make it possible for the child to return to the child's
home. Such findings shall also be made ll! every subsequent review 2f the court's order
under this statute. Elteept ft8 ether,.,ise previded by law;- 8ft erder ef dispesitien plaeiag
m a depri. ed ehild festef eare tmtler the St!per. isien ef the Department ef Httmtm
Resetirees shall eentintie iff f6ree fer l8 fft6fttfts aftff the date ef 6t'igiaal plaeement with the department er tlfttil SOORei' terminated by the etffii'"t. 'I'he eetll't whielt fft8de the erder may eReRd its dtiratien fer Ret mere th8ft twe yefti'S W.
fit---A hettriftg is held tip6ft HWtitm ef the Department ef Htimftft Resetirees prier
te the expiratien ef the erdeF; whielt heftrittg shall determine the futmoe st8ttts ef the ehild ineltiding, bttt Ret limited ttr, whether the ehild sh6tild be rettirned te the p!H'-
m eai; sh6tild be eentintied festef eare fer tl speeified pefled, sh6tild be -pltleed fer
adeptien, er slt6tild, beetltlSe ef the eftild.'s speeitll needs er eiretimstanees, be eeatiat!ed ffl fester e8Fe 8ft 8 permsnent 6F leng term ~ 8fltl preeedtiral safegtiards shall be applied with respeet te ptll'eftt8l rights pertaining te the l'efft6V8l ef the ehild frem the heme ef his p8l'eftts;- te 8 eh8ftge iR the eftild.'s plaeement, 8Htl te ftftY determina iitm affeeting isitatien privileges ef pMeRts;
(2) Reasenable Retiee ef the faetttal bft8is ef the HWtitm 8Htl ef the bearfflg 8Htl epperttiniey te be hetlrd are given te the parties affeeted; 8Htl
(3) The eoort finds that the extensien is neeessar) te aeeemplish the ptirpeses ef the erder extended.
(c) Within 30 days 2f the date 2f removal 2f the child from the home, the Division
of Family and Children Services of the Department of Human Resources must submit
~written report !2 the court whiCh shall include ~ case plan for ~ reunificatiOn 2f the family which shall become ~ discrete p_1!!! 2f the case record !g ~ format determined QY. the Division 2f Family and Children Services 2f the Department 2f Human Resources and shall be made available !2 the parents Q! guardian 2f the foster child. The plan shall be determined ll! _~! meeting !2 be held .Q.y the Division 2f Family and Children Services 2f the Department 2f Human Resources .\!! consultation with the citizen review panel, if one ~ designated Qy the court for such purpose, and the parents and children, when available. The parents shall be given written notice .2f the meeting ll! least five days !!! advance and shall be advised that the plan will be submitted !2 become an order 2f the court. The case plan shall be !!! effect until modification QY. the court. The plan will address each reason requiring removal and shall contain ll! least the following:
(1) The purpose for which the child was placed .\!! foster care, including _~! statement 2f the reasons ~ the child cannot be adequately protected ll! home and the harm which !!!!!Y occur if the child remains !g the home and shall also include _~! description 2f the services offered and the services provided .!2 prevent removal .2f the
child from the home;

FRIDAY, FEBRUARY 2, 1990

605

ffi__A discussion Qf how the plan i designed !Q achieve i! placement !!1 the least
restrictive, most family-like setting available and !!! close proximity !Q the home Qf the parents, consistent with the best interests and special needs Qf the child;
~ clear description CJf the specific actions !Q be taken lJ.y the parents, the ~ cific services !Q be provided lJ.y the Division CJf Family and Children Services CJf the Department CJf Human Resources Q! other appropriate agencies !!! order !Q bring about the identified changes that must be made !!! order for the child !Q be returned
home; provided, however, that all services and actions required 2f the parents which
are not directly related !Q the circumstances necessitating separation cannot be made
conditions CJf the return CJf the child without further court review;
(4) Specific time frames i!l which the goals 2f the plan are !Q be accomplished !Q
fulfill the purpose CJf the reunification plan;
(5) The person within the Division 2f Family and Children Services CJf the Department 2f Human Resources Q! other agency which i directly responsible for ensuring
that the plan i implemented; and
(6) Consideration CJf the advisability CJf !! reasonable visitation schedule which
allows the parents !Q maintain meaningful contact with their children through ~
sonal visits, telephone calls, and letters.
The report submitted !Q the court shall also contain lll!Y_ dissenting recommendations
CJf the citizen review panel, if applicable, and the parents which are not !!1 accord with
the proposed plan submitted !Q the court. After receiving the proposed plan, unless !!
hearing i requested ~ provided !!! this Code section, the court shall enter i! dispositional order Q! supplemental order incorporating all elements CJf the plan which the court finds essential !Q reunification CJf the child with his Q! her family specifying what must be accomplished lJ.y all parties before reunification 2f the family can be achieved.
At the time the proposed plan ~ transmitted !Q the court, !!_ ~ shall also be trans-
mitted !Q the parents, along with written notes that the plan will be made the order CJf the court unless, within five days from the date the ~ CJf the plan was received, they
request !! hearing before the court !Q review the plan.
(d) Except ~ otherwise provided lJ.y ~ an order 2f disposition placing !! deprived child !!! foster care under the supervision CJf the Division CJf Family and Children Services 2f the Department 2f Human Resources shall continue !!! force for 18 months after the date CJf original placement with the department Q! until sooner terminated !!Y the court. All cases CJf children !!! foster care !!1 the custody 2f the Division CJf Family and
Children Services CJf the Department CJf Human Resources shall be initially reviewed within 90 days CJf the entering CJf the dispositional order but no later than six months
following the child's placement, and shall be conducted lJ.y the juvenile court judge, Q!
!!_ ~ designated referee Q! judge .Q!:Q tempore, Q! hY judicial citizen review panels
established lJ.y the court, ~ the court directs, meeting such standards and using such
procedures ~ shall be established lJ.y court rule lJ.y the Supreme Court CJf Georgia, with
the advice and consent CJf the Council 2f Juvenile Court Judges. In the event the review
i conducted lJ.y citizen review panels, the panel shall transmit its report, including its
findings and recommendations and those 2f the department, along with the department's proposed revised plan for reunification Q! other permanency plan, if necessary, !Q the court and the parents within five days after the review. ~ P!!!!Y !!!1!_Y request !! hearing on the proposed revised plan fu writing within five days after receiving i! ~ 2f such plan.
~ no hearing ~ requested Q! scheduled hY the court on its own motion, the court
shall review the proposed revised plan and enter !! supplemental order incorporating !!_
revised plan ~ Pi!!! CJf its disposition !!! the case. In the event that !!_ hearing ~ held,
the court shall, after hearing evidence, enter !! supplemental order incorporating all ele-
ments that the court finds essential fu the proposed revised plan !Q achieve
reunification. The judge's supplemental order shall be entered within !!_ reasonable time
from the conclusion CJf the hearing Q! expiration CJf the time for the hearing !Q be
requested and shall also provide one 2f the following: (1) That the child return !Q the home 2f his parents, legal guardian, Q! custodian
with Q! without court imposed conditions;

606

JOURNAL OF THE HOUSE,

(2) That the child continue !!! the current custodial placement and that the cur-
rent placement ~ appropriate for the child's needs; 2!:
(3) That the child continue !!! the current custodial placement but that the current
placement plan ~ no longer appropriate for the child's needs and direct the department !Q devise another plan within available resources. The new plan must be submit-
ted within ten days for court approval. Copies 2f ~ court approved revised plan
shall be furnished !Q all parties.
!!! the event that the citizen review panel determines that the parents have unjustifiably
failed !Q comply with the ordered plan designed 12_ reunite the family and that such fail-
ure ~ significant enough !Q warrant consideration 2f termination 2f parental rights, the panel ~ make !! recommendation !Q the guardian ad litem 2f the child, the department, and the intake officer 2f the court that !! petition for termination 2f parental rights should be prepared. &!!Y such P_l!!!y 2!: officer 2f the court shall file !! petition [!,_
upon examination, they find sufficient evidence. (f) The court which made the order ~ extend its duration for not more than two
years if:
(1) A hearing ~ held upon motion 2f the Division 2f Family and Children Services 2f the Department 2f Human Resources prior !Q the expiration 2f the order, which hearing shall determine the future status 2f the child including, but not limited !Q_, whether the child should be returned !Q the parent(s), should be continued !!! foster care for !! specified period, should be placed for adoption, 2!: should, because Qf the child's special needs 2!: circumstances, be continued i!! foster care on !! permanent Q!
long-term basis; and procedural safeguards shall be applied with respect !Q parental
rights pertaining 12_ the removal Qf the child from the home Qf his parents, 12_ !! change i!! the child's placement, and 12_ ~ determination affecting visitation privileges Qf
parents;
(2) Reasonable notice 2f the factual basis 2f the motion and 2f the hearing and
opportunity 12_ be heard are given !Q the parties affected; and
(3) The court finds that the extension ~ necessary !Q accomplish the purposes 2f
the order extended.
W _{g)_ Except as otherwise provided by law, any other order of disposition in a pro-
ceeding involving delinquency, unruliness, or deprivation, except in an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:
(1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion;
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected;
(3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and
(4) The extension does not exceed two years from the expiration of the prior order.
W fhl Except as provided in subsection W (a) of this Code section, the court may
terminate an order of disposition or extension prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished.
fB ill &eepi as pra.ided itt Stlbseetian W 6f this GOOe seet-ien 6f as Unless other-
wise provided by law, when the child reaches 21 years of age all orders affecting him then in force terminate and he is discharged from further obligation or control."
Section 2. This Act shall become effective on July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 1.

FRIDAY, FEBRUARY 2, 1990

607

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

HB 1206. By Representatives Benn of the 38th and McKinney of the 35th:
A bill to amend Code Section 48-5-349 of the Official Code of Georgia Annotated, relating to the composition of the Ad Valorem Assessment Review Commission, so as to provide that the appraiser member shall be certified by certain organizations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1380.

By Representatives McKinney of the 40th, Martin of the 26th, Brooks of the 34th, Redding of the 50th, Orrock of the 30th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain acts shall not constitute the offense of sodomy or the offense of solicitation of sodomy.

The following amendment was read: Representative Dunn of the 73rd moves to amend HB 1380 as follows: On line 17 add after "adults" "of opposite sexes".

On the adoption of the amendment, the ayes were 87, nays 22. The amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 44, nays 64.
The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

HB 230. By Representatives Smyre of the 92nd and Green of the 106th:
A bill to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the state salary paid to district attorneys emeritus, so as to provide for a minimum state salary; to provide that such minimum state salary shall apply to the calculation of spouses' benefits.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the state salary paid to district attorneys emeritus, so as to provide for a minimum state salary; to provide that such minimum state salary shall apply to the calculation of spouses'

608

JOURNAL OF THE HOUSE,

benefits; to provide for a cost-of-living increase in the salary being paid to certain persons holding office as district attorneys emeritus on a certain date; to provide for other matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the state salary paid to district attorneys emeritus, 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) A ~ person holding office ~ !I district attorney emeritus on July .!., 1990, Q!
who !!! appointed 12 such position on Q! after such date shall receive from the State of Georgia an annual salary w tie paid i:ft lftffltihly installments ftfttl wftieh shall tie ~ w Qf $15,000.00 Q! one-half of the state salary received by such person ~ !I district
attorney for the calendar year immediately prior to his the person's retirement and res-
ignation as an active district attorney, whichever !!! the greater amount. Such annual sal!l!Y shall be paid !!! equal monthly installments. The annual salary provided for !!! this subsection shall !!I>.P!Y 12 the calculation Qf the amount Qf spouses' benefits under Code
Section 47-12-42 ~ applied 12 persons receiving such benefits on July .!., 1990, and ~ applied 12 persons who begin receiving such benefits on Q! after July 1.,1990.
(b) If a distriet atWmey person becomes eligible for appointment or is appointed district attorney emeritus and during such period of eligibility or appointment tie is elected or appointed to and qualifies for an office of profit or trust under the Constitution of the United States or the Constitution of Georgia, his the person's right to appointment as district attorney emeritus or to continue to hold such an appointment and to draw the salary fixed for that position shall be suspended during the period of time that tie the person holds such office. Upon ceasing to hold such office tie, the person shall then be entitled to appointment or reappointment as district attorney emeritus with all the obligations, rights, and duties of that position. His The person's compensation as district attorney emeritus in such event shall be (1) the same amount received by him the ~ son as district attorney emeritus at the time of his the person's election or appointment and qualification for the office under the Constitution of the United States or the Constitution of Georgia or (2) if tie the person was eligible but did not then hold an
appointment as district attorney emeritus, an annual salary Qf $15,000.00 Q! one-half of
the amount of state eempensatien salary received by him such person as district attorney for the calendar year immediately prior to his the person's election or appointment to and qualification for such office under the Constitution of the United States or the Constitution of Georgia, whichever~ the greater amount."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) (1) Except as provided in paragraph (2) of this subsection, effective on July 1, 1990, the monthly salary being paid to each person holding office as a district attorney emeritus on July 1, 1990, shall be increased by $15.00 for each full year which has elapsed from the date of appointment as district attorney emeritus until July 1, 1990.
(2) A district attorney emeritus whose annual salary on June 30, 1990, is less than the minimum annual salary provided for in subsection (a) of this Code section shall receive either such minimum annual salary or the increase provided for in paragraph (1) of this subsection if such increase would result with an annual salary exceeding such minimum annual salary."
Section 3. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 2, 1990

609

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

Y Aaron Y Abernathy Y Adams Y Aiken
Alford Allen Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks
Brown
Y Buck N Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks

Y Childers Y Clark,B Y Clark,H
Clark,L Y Coleman Y Colwell Y Connell Y Couch N 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 YDunn
Edwards Y Ehrhart N Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner

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

Y McKinney,B
Y McKinney,C
Y Meadows Y Milam Y Mobley
Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkaton YPoag Y Porter Y Poston YPowell Randall Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

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

On the passage of the Bill, by substitute, the ayes were 130, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1444.

By Representatives Crosby of the 150th, Coleman of the 118th and Royal of the 144th:
A bill to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds received from a special county 1 percent sales tax and use tax, so as to require the keeping of certain records of projects; to require certain schedules to be included in annual audits; to provide for verification and testing; to require the keeping of certain records pertaining to certain contracts or agreements.

The following substitute, offered by Representative Crosby of the 150th, was read and adopted:

A BILL
To amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds received from a special county 1 percent sales and use tax, so as to require the keeping of certain records of projects; to require certain schedules to be

610

JOURNAL OF THE HOUSE,

included in annual audits; to provide for verification and testing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds received from a special county 1 percent sales and use tax, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) ill The proceeds received from the tax authorized by this article shall be used
by the county exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the county and shall not in any manner be commingled with other funds of the county prior to the expenditure.
(2) The governing authority 2f the county and the governing authority 2f each municipality receiving !!!!Y proceeds from the tax pursuant !2 ~ contract with the county shall maintain !l record 2f each and every project for which the proceeds 2f
the tax are used. A schedule shall be included in each annual audit which shows the
amount estimated for each project !!! the resolution Q! or<ITIUillce calling for impositiOn 2f the ~ amounts expended !!! prior years, amounts expended !!! the current year, and the estimated percentage 2f completion 2f each project. The auditor shall verify and test expenditures 2f each project sufficient !2 express an opinion thereon in
accordance with generally accepted governmental auditing standards."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Abernathy Y Adams Y Aiken
Alford Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Bamett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Bostick Y Branch Y Breedlove Brooks Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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 Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Green Y Greene Gresham Y Griffin
Y Groover Y Hamilton
Hanner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks
Howren
Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee Y Linder Y Long Y Lord Y 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 Morton
Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock
Padgett Y Pannell
Y Parham Y Parrish N Patten Y Pettit
Pinkston Y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Smith,W Y Smyre
Snow Y Stancil,F Y Stancil,S
Stanley E Steele Y Stephens Y Streat Y Teper YTbomas,C Y Thomas,M Y Thompson
Thurmond Y Titus
Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall YWare Y Watson Y Watts
White Wilder YWilliama,B E Williams,J Y Yates Y Yeargin Murphy,Spkr

FRIDAY, FEBRUARY 2, 1990

611

On the passage of the Bill, by substitute, the ayes were 145, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1263. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain drug testing of any applicant for state employment.

The following Committee substitute was read:

A BILL
To amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain drug testing of any applicant for state employment; to provide for definitions; to provide for disqualification from certain employment for certain applicants who refuse to submit to certain drug testing or who show positive results from such testing; to provide for the duration of such disqualification; to authorize certain boards of education to require applicants to pay for the cost of such drug testing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by adding a new article at the end thereof describing drug testing for state employment, to be designated Article 5, to read as follows:
"ARTICLE 5
45-20-90. As used in this article, the term: (1) 'Applicant' means any candidate for public employment with a state agency,
department, commission, bureau, board, or authority. The term 'applicant' also means any candidate for employment with any agency covered under the State Merit System of Personnel Administration or any public school system including, but not limited to, primary, secondary, or postsecondary institutions operated by local or independent boards of education that receive funds from this state or any agency thereof.
(2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations, 53, Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources.
(3) 'Illegal drug' means marijuana as defined in paragraph (16) of Code Section 16-13-21, as amended; a controlled substance as defined in paragraph (4) of Code Section 16-13-21, as amended; a dangerous drug as defined in Code Section 16-13-71, as amended; or any other controlled substance or dangerous drug that persons are prohibited from using. The term illegal drug shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law. 45-20-91. Any applicant for state employment who refuses to submit to an established test for the use of illegal drugs or who shows a positive result from such test shall be disqualified from employment by the state or any public school system. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later. The State Personnel Board shall provide by rule and regulation for the administration of the test and any verification procedure. 45-20-92. The board of education of any county or independent school system may require that an applicant for employment with such school system pay for the cost of the established drug test."

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JOURNAL OF THE HOUSE,

Section 2. All laws and parts of laws in conflict with this Act are repealed.
An amendment offered by Representative Cheeks of the 89th was read and withdrawn.
The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee substitute to HB 1263 as follows:
By adding to line 33 page 2 the following: "The results of such tests as to person deemed disqualified as a result shall be confidential and shall not be a public record".
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 Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron
Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch N 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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin
YGroover Y Hamilton
Hanner

Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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
Long Lord 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 Morton
Moultrie
Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Y Smith,T Smith,W
Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley
E Steele Y Stephens Y Streat
Teper Y Thomas,C
Y Thomas,M Y Thompson YThurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall YWare Y Watson Y Watts
White Y Wilder YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

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.

Under the general order of business, the following Bill of the Senate was again taken up for consideration:

FRIDAY, FEBRUARY 2, 1990

613

SB 433. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to motor vehicle insurance premium reduction upon completion of certain defensive driving courses, so as to provide for additional approved driver improvement clinics which teach defensive driving courses.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to reductions in premiums for motor vehicle insurance policies, so as to change the provisions relating to eligibility for reductions in premiums for motor vehicle insurance policies; to provide for additional approved driver improvement clinics, courses, and programs which teach defensive driving courses; to provide for supervisory powers of the Department of Public Safety over certain driver improvement programs; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to reductions in premiums for motor vehicle insurance policies, is amended by striking subsections (b), (c), and (d) in their entirety and inserting new subsections (b), (c), and (d) to read as follows:
"(b) Reductions in premiums shall be available if all such drivers: (1) Have committed no traffic offenses for the prior three years; (2) C6mplete a e6tll'Se itt deftmsi.e driviftg ef ffflt less thtttt fffif h6ttrs from a tlflver
impr6 ement elHtie appr6 ed by and ttntler the jurisdieti6n ef the Department ef Pt:tblie Safety; and
(2) Have had no claims based on fault against an insurer for the prior three years; and ~) lla,e had fttl ela:ims based 6ft fault against an insttrer fur the prffir three yetti'S';
(3) Complete one Qf the following ~ Qf driving courses: (A) A course ig defensive driving Qf not less than six hours from I! driver
improvement clinic approved Q.y and under the jurisdiction Qf the Department Qf Public Safety;
(B) An emergency vehicles operations course ~!!_the Georgia Public Safety Trainigg Center; Q!
(C) A course ig defensive driving Qf not less than six hours from I! driver improvement program which !. administered Q.y I! nonprofit organization such 1!. the American Association Qf Retired People, the American Automobile Association, the National Safety Council, 2! I! comparable organization and which meets the standards promulgated Q.y the Department Qf Public Safety pursuant tQ subsection (f) of this Code section. (c)- Upon completion of the defensi.e one of the driving e6tll'Se courses specified in
paragraph ~ ill of subsection (b) of thiSCodesection 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, emergency vehicles operations courses, driver improvement P!:Q.:_ grams administered Q.y nonprofit organizations, and commercial 2! noncommercial drivigg schools approved Q.y the Department Qf Public Safety that defensive driving courses shall be available and accessible wherever practicable as determined by the department to licensed drivers throughout the state."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (f) to read as follows:

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JOURNAL OF THE HOUSE,

"(f) The power of supervision granted to the Department of Public Safety over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Public Safety may adopt rules and regulations necessary to carry out the provisions of this subsection. The department shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state."
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 substitute, offered by Representative Smith of the 78th, was read:

A BILL
To amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to reductions in premiums for motor vehicle insurance policies, so as to provide for the amount of premium reductions in motor vehicle insurance policies for eligible persons; to change the provisions relating to eligibility for reductions in premiums for motor vehicle insurance policies; to provide for additional approved driver improvement clinics, courses, and programs which teach defensive driving courses; to provide for supervisory powers of the Department of Public Safety over certain driver improvement programs; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to reductions in premiums for motor vehicle insurance policies, is amended by striking subsections (a), (b), (c), and (d) in their entirety and inserting new subsections (a), (b), (c), and (d) to read as follows:
"(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 ftft apprepriate a reduction Qf not less than 10 percent 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 motor vehicle covered by such policy satisifes 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) Cemplete 8 e6tH'Se m defensi.e driving 6f ft6t less than silt hffitrs ffflm 8 tffiver
impro~ement eliHie 8ppre\ed by ftftd ttttder the jurisdietien 6f the Department 6f Pttblie Safety; ftftd
(2) Have had no claims based on fault against an insurer for the prior three years; and ~) Ha~ e had fl6 elaims based 6fl fault against ftft iflsttrer fer the pri6r tltree years:
(3) Complete one Qf the following ~ Qf driving courses: (A) A course !!! defensive driving Qf not less than six hours from !!_ driver
improvement clinic approved 'Qy and under the jurisdiction Qf the Department Qf Public Safety;
(B) An emergency vehicles operations course ~ the Georgia Public Safety Train!!!g Center; Q!
(C) A course !!! defensive driving Qf not less than six hours from !!_ driver
improvement program which ~ administered 'Qy !!_ nonprofit organization such ~ the American Association Qf Retired People, the American Automobile Association, the

FRIDAY, FEBRUARY 2, 1990

615

National Safety Council, Q! !! comparable organization and which meets the stan-
dards promulgated J:>.y the Department Qf Public Safety pursuant !Q_ subsection (0
of this Code section. (c) Upon completion of the defensi.e one of the driving eetH'Se courses specified in
paragraph 00 (3) of subsection (b) of thiSCodesection 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, emergency vehicles operations courses, driver improvement ~ grams administered J:>.y nonprofit organizations, and commercial Q! noncommercial driv-
!!!g schools approved J:>.y the Department Qf Public Safety that defensive driving courses
shall be available and accessible wherever practicable as determined by the department to licensed drivers throughout the state."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (0 to read as follows:
"(f) The power of supervision granted to the Department of Public Safety over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Public Safety may adopt rules and regulations necessary to carry out the provisions of this subsection. The department shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state."
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 adopted:

Representative Hamilton of the 124th moves to amend the Floor substitute to SB 433 as follows:
Add on page 2 line 2 "," after "clinic": "commercial or noncommercial drivers school".
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot

Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chamblesa Y Chance
Cheeks Y Childers
Clark,B Y Clark,H

Y Clark,L
Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby
Y Cummings,B Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H

Y Dixon,S
Y Dobbs Y Dover YDunn Y Edwards
Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin

616

JOURNAL OF THE HOUSE,

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
Y Lee Y Linder
Long Y Lord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows

Y Milam Y Mobley Y Moody
Y Morton
Moultrie Y Mueller Y Oiiver,C
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
Powell y Randall Y Ransom

YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson
Royal
Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T
Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
E Steele Y Stephens
Streat Teper

Y Thomas,C
Thomas,M YThompson
Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder YWilliams,B E Williarns,J Y Yates Y Yeargin Murphy,Spkr

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

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Transportation and referred to the Committee on State Planning and Community Affairs:

HB 1692.

By Representatives Jamieson of the 11th, Dover of the 11th, Irwin of the 13th, Carrell of the 65th, Mobley of the 64th and others:
A bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989, so as to provide for an additional member county, to provide for additional members of the commission.

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

HB 1225.

By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th, Lane of the lllth, Smyre of the 92nd and others:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide a short title; to provide for the withdrawal of recognition, campus expulsion, and termination of the use of University System of Georgia property or facilities to any student organization which knowingly permits or condones the sale, distribution, possession, use, or consumption of any controlled substance, dangerous drug, or alcoholic beverage in a manner contrary to law.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide a short title; to provide legislative intent; to provide definitions; to provide for the withdrawal of recognition, campus expulsion, and termination of the use of University System of Georgia property or facilities to

FRIDAY, FEBRUARY 2, 1990

617

any student organization which knowingly permits the sale, distribution, possession, use, or consumption of marijuana, controlled substances, or dangerous drugs in a manner contrary to law; to provide for administrative procedures; to provide for appeal procedures; 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 20 of the Official Code of Georgia Annotated, relating to the university system, is amended by adding at the end thereof a new part, to be designated Part 4, to read as follows:
"Part 4
20-3-90. This part shall be known and may be cited as the 'Student Organization Responsibility for Drug Abuse Act.'
20-3-91. The General Assembly finds that the unlawful abuse and misuse of marijuana, controlled substances, or dangerous drugs constitutes a serious threat to the public health, welfare, and academic achievement of students enrolled in the public colleges and universities of this state. It is declared to be a purpose and goal of this state to encourage, and to the fullest extent possible, require all student organizations, including but not limited to, societies, fraternities, sororities, clubs, and similar groups of students which are affiliated with, recognized by, or using the facilities of those educational institutions or facilities which comprise the University System of Georgia, to encourage and enforce compliance with state law on the part of their members, guests, or others attending or participating in their functions and affairs, social or otherwise, by not permitting the sale, distribution, serving, possession, consumption, or use of such marijuana, controlled substances, or dangerous drugs at such functions and affairs in violation of state law.
20-3-92. As used in this chapter, the term: (1) 'Controlled substance' means any drug, substance, or immediate precursor
included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21.
(2) 'Dangerous drug' means any drug defined as such under Code Section 16-13-71. (3) 'Marijuana' shall have the same meaning as such term is defined in paragraph (16) of Code Section 16-13-21. (4) 'Student' means any person who is enrolled as a student in courses for academic credit on a full-time, part-time, temporary, or intermittent basis in any college, university, institution of higher education, or facility which is a unit or member institution of the University System of Georgia. (5) 'Student organization' means any organized group or body of students, social, academic, political, or otherwise, which is affiliated with or primarily composed of students enrolled in any university system institution or facility. The term shall include any and all societies, clubs, fraternities, sororities, academic disciplinary groups, or other student entities which operate on the campus of, or which is recognized as a student organization by, any college, university, or other educational institution or facility of the University System of Georgia. (6) 'University system' refers to that system of colleges, universities, and educational institutions which is governed, managed, controlled, and operated by the Board of Regents of the University System of Georgia, a department and an agency of the executive branch of state government of the State of Georgia under Article VIII, Section IV, Paragraph I of the Constitution. 20-3-93. Notwithstanding any law to the contrary, any student organization functioning in conjunction with, incidental to, or at any university system institution, which through its officers, agents, or responsible members knowingly permits or authorizes the sale, distribution, serving, possession, consumption, or use of marijuana, a controlled substance, or dangerous drug at any affair, function, or activity of that student organization, social or otherwise, when such sale, distribution, serving, possession, consumption, or use is not in compliance with the laws of this state shall have its recognition as a

618

JOURNAL OF THE HOUSE,

student organization withdrawn, shall be expelled from campus for a minimum of a calendar year from the year of determination of guilt, and shall be prohibited from the use of all property and facilities of the university system institution with which it is affiliated or at which it operates, with any and all leasing, possession, or use agreements respecting the student organization's use of institutional property to be terminated by operation of law for any such knowing, permission, or authorization of the unlawful actions defined in this Code section, subject to the administrative review and hearing procedures set forth in this Code section.
20-3-94. Administrative procedures for the implementation of this article shall be promulgated for the educational institutions under management and control by the Board of Regents of the University System of Georgia. Such procedures shall include those elements of due process of law required by the Constitution of the State of Georgia and the United States Constitution.
20-3-95. A student organization may appeal any adverse institutional level action by the president or his delegate to the Board of Regents of the University System of Georgia in accordance with applicable portions of the bylaws of the board of regents, or, pursuant to such other discretionary or mandatory review procedures as the board may in the future make available. An appeal by a student organization to the board of regents shall not defer the effective date of the adverse action against it pending the board's review unless the board so directs. Any such stay of suspension or expulsion by direction of the board of regents shall expire as of the date of the board's final decision on the matter.
20-3-96. Any student organization which is adversely affected by a decision or action under this part may appeal a final decision of the Board of Regents of the University System of Georgia to the superior court of the county wherein the university system institution is situated, or to the Superior Court of Fulton County, within 20 days after the student organization has been either personally served or mailed a copy of the board of regents' final decision. If the decision is mailed, the time for appeal shall begin on the date mailed; however, an extra three days shall be added to the time for appeal. If there is any evidence in the record to support the decision of the board of regents with regard to the administrative findings of fact, those findings must be upheld by the superior court. Except as provided in this part appeals to the superior court shall be governed by the 'Georgia Administrative Procedure Act,' as amended."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates

Y Beck
Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks N Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless

Y Chance Cheeks
Y Childers Clark,B
Y Clark,H Clark,L
Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M

Dixon,H Y Dixon,S Y Dobbs
Y Dover Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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,J

FRIDAY, FEBRUARY 2, 1990

619

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
Long Y Lord
Lucas Y Lupton Y Mangum

N Martin
Y McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton
Moultrie
Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett
Y Pannell

Y Parham
Y Parrish
Y Patten Y Pettit
Pinkston Y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reavea Y Redding
Y Richardson Y Ricketson Y Robinson
Royal
Y Selman

Simpson
Y Sinkfield Y Smith,L Y Smith,P Y Smith,T
Smith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley E Steele
Y Stephens Streat Teper
YThomas,C YThomas,M Y Thompson Y Thurmond

Y Titus
Y Tolbert Townsend
y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White
Wilder YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1231. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th, Lane of the lllth, Smyre of the 92nd and others:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and the University System of Georgia, so as to provide for comprehensive provisions to create a drug-free environment in Georgia's public colleges and universities; to provide a short title.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to enact the "Drug-free Postsecondary Education Act of 1990"; to provide for the suspension from postsecondary public educational institutions of students committing certain felony offenses involving marijuana, controlled substances, or dangerous drugs; to provide a short title; to provide for the denial of state funds to students of postsecondary nonpublic educational institutions who commit certain felony offenses involving marijuana, controlled substances, or dangerous drugs; to provide for legislative findings and intent; to provide for definitions; to provide for forfeiture of academic credits; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, is amended by designating the existing text of Chapter 1 as Article 1 of Chapter 1 and by adding thereafter a new Article 2 of Chapter 1 to read as follows:
"ARTICLE 2
20-1-20. This article shall be known and may be cited as the 'Drug-free Postsecondary Education Act of 1990.'
20-1-21. The General Assembly finds that the manufacture, distribution, sale, possession, or use of marijuana, controlled substances, or dangerous drugs in an unlawful manner is a serious threat to the public health, safety, and welfare and to the academic achievement of students enrolled in the public and nonpublic colleges, universities, and postsecondary technical institutes of this state. It is declared to be a primary purpose

620

JOURNAL OF THE HOUSE,

and goal of this state, of all of its agencies and instrumentalities, and of all of its public officials and employees to take all reasonable steps possible to eradicate the unlawful manufacture, distribution, sale, possession, and use of marijuana, controlled substances, and dangerous drugs. With this purpose in mind, the General Assembly declares that the public and nonpublic colleges, universities, and postsecondary technical institutes in this state must be absolutely free of any person who would knowingly manufacture, distribute, sell, possess, or use marijuana, a controlled substance, or a dangerous drug in an unlawful manner. For this reason, the General Assembly enacts this article.
20-1-22. As used in this article, the term: (1) 'Authority' means the Georgia Student Finance Authority created pursuant to
Code Section 20-3-313. (2) 'Controlled substance' means any drug, substance, or immediate precursor
included in the definition of the term 'controlled substance' in paragraph (4) of Code Section 16-13-21.
(3) 'Convicted' or 'conviction' refers to a plea of guilty, a finding of guilty by a court of competent jurisdiction, or the acceptance of a plea of nolo contendere or affording of first offender treatment by a court of competent jurisdiction, irrespective of the pendency or availability of any appeal or application for collateral relief.
(4) 'Dangerous drug' means any drug or substance defined as such under Code Section 16-13-71.
(5) 'Date of conviction' means the date that the trial court determines guilt and enters judgment thereon or the date on which the court accepts a plea of nolo contendere or formally allows a person to receive first offender treatment.
(6) 'Marijuana' shall have the same meaning as such term is defined in paragraph (16) of Code Section 16-13-21.
(7) 'Nonpublic educational institution' means any postsecondary educational institution not established, operated, or governed by the State of Georgia.
(8) 'Public educational institution' means: (A) Any two-year college, college, university, or other institution of higher learn-
ing under the management and control of the Board of Regents of the University System of Georgia; and
(B) Any postsecondary technical school under the management and control of the State Board of Technical and Adult Education. (9) 'Student' means any person who is enrolled as a student in courses for academic credit a full-time, part-time, temporary, or intermittent basis in any public or
nonpublic educational institution. 20-1-23. Any student of a public educational institution who is convicted, under the laws of this state, the United States, or any other state, of any felony offense involving the manufacture, distribution, sale, possession, or use of marijuana, a controlled substance, or a dangerous drug shall as of the date of conviction be suspended from the public educational institution in which such person is enrolled. Except for cases in which the institution has previously taken disciplinary action against a student for the same offense, such suspension shall be effective as of the date of conviction, even though the educational institution may not complete all administrative actions necessary to implement such suspension until a later date. Except for cases in which the institution has already imposed disciplinary sanctions for the same offense, such suspension shall continue through the end of the term, quarter, semester, or other similar period for which the student was enrolled as of the date of conviction. The student shall forfeit any right to any academic credit otherwise earned or earnable for such term, quarter, semester, or other similar period; and the educational institution shall subsequently revoke any such academic credit which is granted prior to the completion of administrative actions necessary to implement such suspension. 20-1-24. (a) Any student of a nonpublic educational institution who is convicted, under the laws of this state, the United States, or any other state, of any felony offense involving the manufacture, distribution, sale, possession or use of marijuana, a controlled substance, or a dangerous drug shall as of the date of conviction be denied state funds for any loans, grants, or scholarships administered under the authority of Part 3 of Article 7 of Chapter 3 of this title, the 'Georgia Student Finance Authority Act,' or similar

FRIDAY, FEBRUARY 2, 1990

621

loans, grants, or scholarships, including but not limited to Georgia Higher Education Loan Program loans, student incentive grants, or tuition equalization grants. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this article.
(b) Such denial of state funds shall be effective as of the first day of the term, quarter, semester, or other similar period for which the student was enrolled immediately following the date of conviction or the date on which the court accepts a plea of nolo contendere or formally allows a student to receive first offender treatment and shall continue through the end of such term, quarter, semester, or other similar period for which the student was enrolled. Any nonpublic educational institution operating within this state that receives state funds shall agree to comply with this article in order to be eligible for its students to receive state funds through scholarships, grants, or loan programs.
20-1-25. The suspension sanctions and sanctions involving denial of state funds as prescribed in this article are intended as minimum sanctions, and nothing in this article shall be construed to prohibit any educational institution from establishing and implementing additional or more stringent sanctions for felony offenses and other conduct involving the unlawful manufacture, distribution, sale, possession, or use of marijuana, a controlled substance, or a dangerous drug.
20-1-26. Administrative procedures for the implementation of this article shall be promulgated for the educational institutions under their respective management and control by the Board of Regents of the University System of Georgia and the State Board of Technical and Adult Education or the individual nonpublic educational institutions. Such procedures shall provide for relief from sanctions previously imposed under this article against a person whose conviction is subsequently overturned on appeal or through collateral relief.
20-1-27. This article shall apply only with respect to felony offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any educational institution from implementing sanctions additional to or other than those provided for in this article with respect to offenses committed prior to July 1, 1990."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Aaron Y Abernathy Y Adams Y Aiken
Alford Allen Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Batea 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 Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G

Y Davis,M
Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Greene Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard

Herbert Y Holcomb Y Holland
Y Hobnes 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
Lucas Y Lupton Y Mangum N Martin Y McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish

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JOURNAL OF THE HOUSE,

Y Patten
Y Pettit Pinkston
y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom
YRay Y Reaves

Y Redding
Y Richardson Y Ricketson
Y Robinson Royal
Y Selman Y Simpson
Sinkfield Y Smith,L Y Smith,P Y Smith,T

Smith,W Y Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley E Steele
Y Stephens Streat
N Teper YThomas,C

Thomas,M Y Thompson YThurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L

YWall Y Ware Y Watson
Y Watts Y White
Wilder Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HR 765. By Representative Linder of the 44th:
A resolution commending Johnny Thomas (Tommy) Clack and inviting him to address the House of Representatives.

HR 766. By Representatives Moody of the 153rd, Branch of the 137th, Oliver of the 121st, Smith of the 152nd and Hudson of the 117th:
A resolution commending Honorable James Moore and inviting him to appear before the House of Representatives.

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

HB 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.

The following Committee substitute was read and adopted:

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; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting Jaws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by adding immediately following Code Section 47-2-265 a new Code Section 47-2-266 to read as follows:

FRIDAY, FEBRUARY 2, 1990

623

"47-2-266. (a) As used in this Code section, the term: (1) 'Judicial employee' means: (A) A full-time assistant to a district administrative judge and any full-time secretarial or clerical judicial administrative district employee employed pursuant to the provisions of Code Section 15-5-6; (B) A full-time employee of The Council of Superior Court Judges of Georgia provided for in Code Section 15-6-34; and (C) A full-time employee employed for the purpose of assisting sentence review panels provided for in Code Section 17-10-6. (2) 'Prior service' means service as a judicial employee rendered prior to July 1,
1990. (b) Effective on July 1, 1990, or on first becoming a judicial employee at any time after that date, each judicial employee shall become a member of the Employees' Retirement System of Georgia as a condition of employment. (c) Any person becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334, except that any member of the retirement system who, without any break in service, accepts employment as a judicial employee shall continue in the same membership status possessed by the member immediately prior to accepting such employment without any interruption in membership service and without the loss of any creditable service. (d) The salary paid from state funds to each judicial employee shall be the basis for employee and employer contributions to the retirement system for the purposes of this Code section. All employer contributions, including employee contributions made by the employer on behalf of members, shall be paid from funds appropriated or otherwise made available for the operation of the judicial branch of the state government. Employee contributions of members under this Code section shall be deducted and remitted to the board of trustees by the appropriate employing authority. (e) Any person who was a member of the retirement system immediately prior to becoming a judicial employee and who has not withdrawn employee contributions from the retirement system shall receive full creditable service for membership service in the retirement system which was completed prior to becoming a judicial employee and shall have the same membership status in the retirement system which the person possessed immediately prior to becoming a judicial employee. (f) (1) A person becoming a member of the retirement system pursuant to the provisions of this Code section may obtain creditable service for prior service if the following payments are made to the board of trustees:
(A) The person claiming the creditable service shall pay the employee contributions that would have been paid to the retirement system if the person had been a member during the period for which creditable service is claimed plus regular interest on such employee contributions compounded annually from the time the prior service was rendered to the date of payment; and
(B) The Council of Superior Court Judges, the president of The Council of Superior Court Judges, or the district administrative judge employing the person claiming the creditable service shall pay the employer contributions that would have been paid to the retirement system if the person claiming the creditable service had been a member during the period of time for which creditable service is claimed plus regular interest on such employer contributions compounded annually from the time the prior service was rendered to the date of payment. (2) The employee and employer contributions provided for in paragraph (1) of this subsection shall be determined on the basis of compensation actually received as a judicial employee during the period of prior service for which creditable service is claimed. The employer contributions plus interest thereon provided for in subparagraph (B) of paragraph (1) of this subsection may be paid from any funds of the judicial branch of the state government appropriated or otherwise available to The Council of Superior Court Judges or district administrative judges."
Section 2. Said chapter is further amended by striking paragraph (2) of subsection (f) of Code Section 47-2-334, relating to provisions of the retirement system applicable to

624

JOURNAL OF THE HOUSE,

persons who become members of the retirement system after a certain date, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) Ne Except_~!!! otherwise provided i!! Code Section 47-2-266, no service shall con-
stitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and".
Section 3. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
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
Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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
Campbell Y Carrell Y Carter
Chambless Y Chance
Cheeks

Y Childers Clark,B
Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G YDavis,M
Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin
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 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 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
YMilam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Pinkston Y Poag Y Porter Y Poston YPowell y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Royal
Selman Y Simpaon Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Smith,W Y Smyre YSnow Y Stsncil,F Y Stsncil,S Y Stsnley E Steele Y Stephens
Streat Y Teper Y Thomas,C
Thomas,M
Y Thompson Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L YWall YWare Y Watson Y Watts
White Y Wilder YWilliams,B E Williams,J
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 162. By Senator Kennedy of the 4th:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Georgia Firemen's Pension Fund, so as to increase retirement benefits payable to persons who have retired or who shall retire under such Code section; to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability retirement benefits payable under the Georgia Firemen's Pension Fund.

FRIDAY, FEBRUARY 2, 1990

625

The report of the Committee, which was favorable to the passage of the 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
Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Y Brooks Y Brown Y Buck Y Buford
Byrd Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G N Davis,M
Dixon,H
Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
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 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 Y Lee N Linder
Long Lord Y Lucas N Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Orrock Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson
Royal Y Selman Y Simpson Y Sinkfield

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

On the passage of the Bill, the ayes were 143, nays 6. The Bill, having received the requisite constitutional majority, was passed.

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

HR 736. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and others:
A resolution commending Honorable George W. "Buddy" Darden and inviting him to appear before the House of Representatives.

HR 737. By Representatives Murphy of the 18th, Colwell of the 4th, Irwin of the 13th, Dover of the 11th, Mangum of the 57th and others: A resolution commending Keith McCants and inviting him to appear and be recognized before the House of Representatives.
HR 738. By Representative Ray of the 98th: A resolution commending the Fourth Annual Georgia Peach Festival and inviting a representative of the festival to appear before the House.
Under the general order of business, the following Bill of the House was again taken up for consideration:

626

JOURNAL OF THE HOUSE,

HB 1163. By Representatives Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 42-4-32 of the Official Code of Georgia Annotated, relating to sanitation and health requirements of detention facilities generally, meals, inspections, and medical treatment, so as to change the provisions relating to sanitation and health requirements and standards; to repeal conflicting laws.

The following substitute, offered by Representative Colwell of the 4th, was read and adopted:

A BILL
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change certain provisions relating to construction and regulation of penal institutions; to provide that certain provisions relating to acquisition of architectural and engineering services may be waived in connection with certain projects; to change certain provisions relating to compliance with sanitation and health requirements of the Department of Human Resources; 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 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking Code Section 42-2-14, relating to emergency measures in response to jail and prison overcrowding, and inserting in its place a new Code section to read as follows:
"42-2-14. The Governor, upon certification by the commissioner of corrections and approval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity of the prison system for any period of 90 consecutive days, beginning at any time after December 31, 1988, may declare a state of emergency with regard to jail and prison overcrowding. Ypeft Following the declaration of such emergency, the department may establish additional facilities for use by the department, such facilities to be either of a permanent type of construction or of a temporary or movable type as the department may find most advantageous to the particular needs, to the end that the inmates under its supervision may be so distributed throughout the state as to facilitate individualization of treatment designed to prepare them for lawful living in the community where they are most likely to reside after their release from a correctional facility. For this purpose, the department may purchase or lease sites and suitable lands an.d erect necessary buildings thereon or purchase or lease existing facilities, all within the limits of appropriations as approved by the General Assembly. With the approval of the Governor, provisions, other than bonding requirements, of Chapter 3 of this title, known as the 'Georgia Building Authority (Penal) Act,' provisions of Chapter 5 of Title 50, relating to the Department of Administrative Services, or provisions of Code Section 50-6-25 Q!: Chapter 22 of Title 50, relating to m8flagerial control over acquisition of professional services, may be waived by the department to facilitate the rapid construction or procurement of facilities for inmates. During any year in which correctional facilities are constructed or procured under this Code section and any requirements are waived, the department shall furnish the Governor and the General Assembly with a detailed report specifying the facilities constructed or procured, the requirements waived, and the reasons therefor."
Section 2. Said title is further amended by striking subsection (a) of Code Section 42-4-32, relating to sanitation and health requirements for detention facilities, and inserting in its place a new subsection to read as follows:
"(a) All aspects of hettsHtg; food preparation and food service, 8ftd ether eperatiens 6f a tletentien faeility shall conform to the applicable standards of the Department of Human Resources."

FRIDAY, FEBRUARY 2, 1990

627

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Y Aiken
Alford Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield Y Benn Y Birdsong
Bishop
Y Bostick Y Branch Y Breedlove N Brooks Y Brown
Y Buck Buford
Y Byrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance
Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby Cummings,B Cummings,M Y Davis,C
N Davis,G Y Davis,M
Dixon,H Y Dixon,S Y Dobbs Y Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
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 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 Y Lee Y Linder
Long Y Lord
Lucas Y Lupton
Mangum N Martin
McCoy
Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows
YMilam Y Mobley Y Moody
Y Morton Moultrie
Y Mueller Y Oliver,C N Oliver,M
YOrr Orrock Padgett
Y Pannell
YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter
Y Poston Y Powell y Randall
Y Ransom Ray
Reaves y Redding
Y Richardson Y Ricketson Y Robinson
Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Y Smith,T Smith,W
Y Smyre
Snow Y Stancil,F Y Stancil,S Y Stanley
E Steele Y Stephens
Y Streat N Teper YThomas,C
Thomas,M
YThompson Thurmond
Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware
Y Wataon Y Watta N White Y Wilder Y Williarns,B E Williams,J
Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 138, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HB 1466.

By Representatives Ware of the 77th, Lawson of the 9th, Dunn of the 73rd, Griffin of the 6th and Ricketson of the 82nd:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions with respect to insurance, so as to authorize the Commissioner of Insurance to investigate reports of fraudulent insurance acts; to authorize the Commissioner of Insurance to collect evidence, request the attendance of witnesses, and administer oaths in connection with an investigation.

The following Committee substitute was read and adopted:

628

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions with respect to insurance, so as to define certain fraudulent insurance acts; to authorize the Commissioner of Insurance to investigate reports of fraudulent insurance acts; to authorize the Commissioner of Insurance to collect evidence, request the attendance of witnesses, and administer oaths in connection with an investigation; to provide immunity from civil liability to persons supplying information and to the Commissioner of Insurance and his employees or agents; to provide for the confidentiality of information gathered pursuant to an investigation; to authorize reports of fraudulent activity to the Commissioner; to provide for the reporting of alleged violations of law to prosecuting attorneys; to provide for law enforcement powers of certain personnel; 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 33 of the Official Code of Georgia Annotated, relating to general provisions with respect to insurance, is amended by adding at the end thereof a new Code Section 33-1-16 to read as follows:
"33-1-16. (a) For the purposes of this Code section, a person commits a 'fraudulent insurance act' if the knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented, to or by an insurer, purported insurer, broker, or any agent thereof, any written statement as part of, or in support of, ari application for the issuance of, or the rating of, an insurance policy for automobile insurance, or a claim for payment or other benefit pursuant to an insurance policy for automobile insurance, which he knows to contain materially false information concerning any fact material thereto or if he conceals, for the purpose of misleading another, information concerning any fact material thereto.
(b) If, by his own inquiries or as a result of information received, the Commissioner has reason to believe that a person has engaged in, or is engaging in, a fraudulent insurance act, the Commissioner may administer oaths and affirmations, request the attendance of witnesses or proffering of matter, and collect evidence. The Commissioner shall not compel the attendance of any person or matter in any such investigation except pursuant to subsection (d) of this Code section.
(c) If matter that the Commissioner seeks to obtain by request is located outside the state, the person so requested may make it available to the Commissioner or his representative to examine the matter at the place where it is located. The Commissioner may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his behalf, and he may respond to similar requests from officials of other states.
(d) (1) The Commissioner may request that an individual who refuses to comply with any such request be ordered by the superior court to provide the testimony or matter. The court shall not order such compliance unless the Commissioner has demonstrated to the satisfaction of the court that the testimony of the witness or the matter under request has a direct bearing on the commission of a fraudulent insurance act or is pertinent or necessary to further such investigation.
(2) Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or matter after asserting a privilege against self-incrimination, to which he is entitled by law, may not be subjected to a criminal proceeding or to a civil penalty with respect to the act concerning which he is required to testify or produce relevant matter.
(3) In the absence of fraud or bad faith, a person is not subject to civil liability for libel, slander, or any other relevant tort by virtue of filing reports, without malice, or furnishing other information, without malice, required by this Code section or required by the Commissioner under the authority granted in this Code section, and no civil cause of action of any nature shall arise against such person:
(A) For any information relating to suspected fraudulent insurance acts furnished to or received from law enforcement officials, their agents, or employees;

FRIDAY, FEBRUARY 2, 1990

629

(B) For any such information relating to suspected fraudulent insurance acts furnished to or received from other persons subject to the provisions of this title; or
(C) For any such information furnished in reports to the Commissioner or the National Association of Insurance Commissioners. (4) The Commissioner or any employee or agent, is not subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature exists against such persons by virtue of the execution of activities or duties of the Commissioner under this Code section or by virtue of the publication of any report or bulletin related to the activities or duties of the Commissioner under this Code section. (5) This Code section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person. (e) The papers, documents, reports, or evidence relative to the subject of an investigation under this Code section shall not be subject to public inspection for so long as the Commissioner deems reasonably necessary to complete the investigation, to protect the person investigated from unwarranted injury, or to be in the public interest. Further, such papers, documents, reports, or evidence relative to the subject of an investigation under this Code section shall not be subject to subpoena until opened for public inspection by the Commissioner, unless the Commissioner consents, or until, after notice to the Commissioner and a hearing, a superior court determines the Commissioner would not be unnecessarily hindered by such subpoena. The Commissioner or his employees or agents shall not be subject to subpoena in civil actions by any court of this state to testify concerning any matter of which they have knowledge pursuant to pending investigations of fraudulent insurance acts. (f) Any person, other than an insurer, agent, or other person licensed under this title, or an employee thereof, having knowledge of or who believes that a fraudulent insurance act is being or has been committed may send to the Commissioner a report of information pertinent to such knowledge of or belief and such additional information relative thereto as the Commissioner may request. Any insurer, agent, or other person licensed under this title, or an employee thereof, having knowledge of or who believes that a fraudulent insurance act is being or has been committed shall send to the Commissioner a report or information pertinent to such knowledge or belief and such additional information relative thereto as the Commissioner or his employees or agents may require. The Commissioner or his employees or agents shall review such information or reports as, in the judgment of the Commissioner or such employees or agents, may require further investigation. The Commissioner shall then cause an investigation of the facts surrounding such information or report to be made to determine the extent, if any, to which a fraudulent insurance act is being committed and shall report any alleged violations of law which the investigations disclose to the appropriate prosecuting attorney having jurisdiction with respect to any such violation. If prosecution by the prosecuting attorney is not begun within 90 days of the report, the prosecuting attorney shall inform the Commissioner of the reasons for the lack of prosecution. (g) Personnel employed by the Commissioner under this Code section shall have the power to make arrests for criminal violations established as a result of investigations only. The general laws applicable to arrests by peace officers of this state shall also be applicable to such personnel. Such personnel shall have the power to execute arrest warrants and search warrants for the same criminal violations; to serve subpoenas issued for the examination, investigation, and trial of all offenses determined by their investigations; and to arrest upon probable cause without warrant any person found in the act of violating any of the provisions of applicable laws. Personnel empowered to make arrests under this Code section shall be empowered to carry firearms or other weapons in the performance of their duties. It is unlawful for any person to resist an arrest authorized by this Code section or in any manner to interfere, either by abetting or assisting such resistance or otherwise interfering, with personnel employed by the Commissioner under this Code section in the duties imposed upon them by law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE HOUSE,

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

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

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

Y Harris
YHasty
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
Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
Y Lee Y Linder
Long Lord 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 Morton Moultrie
Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock
Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson
Royal Selman Y Simpson
Y Sinkfield

Y Smith,L Y Smith,P
Y Smith,T Smith,W
Y Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley E Steele Y Stephens Y Streat Y Teper
YThomas,C YTbomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L YWall YWare Y Watson Y Watts
White Y Wilder
Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

HB 1226. By Representatives Richardson of the 52nd, Connell of the 87th, Buck of the 95th, Athon of the 57th, Hooks of the 116th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to provide for the Health Care Personnel Policy Advisory Commission; to provide for qualifications, appointment, terms, allowances, expenses, and removal of members.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins

Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M

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

Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell

Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L

FRIDAY, FEBRUARY 2, 1990

631

Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby
Cummings,B Cummings,M Y Davis,C Y Davis,G Y Davis,M Dixon,H Y Dixon,S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
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
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
Y Lord 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 Morton 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 YPoag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Royal Selman YSimpson Y Sinkfield Smith,L Y Smith,P Y Smith,T Smith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S

Y Stanley
E Steele Y Stephens Y Streat Y Teper
Y Thomas,C Y Thomas,M YThompson YThurmond Y Titus
Y Tolbert Y Townsend y Twiggs Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder Y Williarns,B E Williarns,J Y Yatea 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.

HB 580. By Representatives Johnson of the 123rd, Mueller of the 126th, Benn of the 38th and Orrock of the 30th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require certain hospitals which operate emergency rooms to post certain notices in such emergency rooms; to provide for the content of such notices.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require certain hospitals which operate emergency rooms to post certain notices in such emergency rooms; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding, following Code Section 31-7-3, a new Code Section 31-7-3.1 to read as follows:
"31-7-3.1. As a condition of obtaining or retaining the permit required by Code Section 31-7-3 to operate such institution, any hospital which operates an emergency room shall post conspicuously therein a sign notifying the public of the rights of individuals under federal or state law with respect to examination and treatment for emergency medical conditions and women in active labor."
Section 2. This Act shall become effective on January 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

632

JOURNAL OF THE HOUSE,

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Colwell Y Connell Y Couch Y Crawford Crosby
Y Cummings,B Cummings,M
Y Davis,C
Y Davis,G
Y Davis,M Dixon,H
Y Dixon,S Y Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene 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 Y Lane,R Y Langford
Lawrence Y Lswson
Y Lee Y Linder
Long
Y Lord 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 Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell y Randall
Y Ransom Ray
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson
Royal
Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley E Steele Y Stephens
Streat 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
YWall Y Ware Y Watson Y Watts YWhite
Wilder YWilliams,B E Williams,J
Y Yates Y Yeargin
Murphy,Spkr

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

HB 1223. By Representatives Twiggs of the 4th, Murphy of the 18th, Jackson of the 9th, Colwell of the 4th, McDonald of the 12th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures, so as to provide for forfeiture of real property acquired with proceeds from the manufacture, distribution, or sale of controlled substances or marijuana; to provide for disposition of such real property.

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, known as the "Georgia Controlled Substances Act," so as to comprehensively change the provisions relating to forfeitures; to provide for the forfeiture of real or personal property acquired with proceeds from the manufacture, distribution, or sale of a controlled substance or marijuana or exchanged for a controlled substance or marijuana or used to

FRIDAY, FEBRUARY 2, 1990

633

facilitate a violation of said "Georgia Controlled Substances Act"; to change certain provisions relating to the forfeiture of conveyances; to provide for definitions; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for seizure and disposition of property, rights therein, and proceeds derived therefrom; to provide for liens and the filing, enforcement, and release thereof; to provide for duties and powers of the director of the Georgia Drugs and Narcotics Agency and agents, drug agents, law enforcement officers, sheriffs, prosecuting attorneys, and attorneys designated to litigate forfeitures; to provide for service of process and notices; to provide that certain property taken or detained is not subject to replevin, conveyance, sequestration, or attachment; to provide for the consolidation of actions; to provide for bonds; to provide for seizure, storage, use, and retention of property; to provide for inventory and estimates of value; to provide for claims, hearings, and the determination of rights and interests in property; to provide certain defenses; to provide for temporary restraining orders; to provide for the sale or other disposition of property or interests therein and the use and payment of such proceeds; to provide for reports relating to the use of proceeds distributed under certain conditions; to provide for jurisdiction and power of courts and the judges thereof; to provide that certain substances shall be forfeited to the state; to provide that under certain conditions property forfeited under this Act may be transferred to a family member of the defendant or a resident of the defendant's household; to provide for the designation of special assistant district attorneys and their powers and compensation; 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 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," is amended by striking in its entirety Code Section 16-13-49, relating to forfeitures, and inserting in lieu thereof a new Code Section 16-13-49 to read as follows:
"16-13-49. (a) The following property is contraband and may be seized and forfeited and no property right shall exist therein:
(1) All controlled substances and marijuana which have been manufactured, distributed, dispensed, held, or acquired in violation of this article;
(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance or marijuana in violation of this article;
(3) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, hold, conceal, or in any manner to facilitate the transportation, distribution, sale, delivery, receipt, possession, or concealment of property described in paragraph (1) or (2) of this subsection;
(4) All books, records, and research products and materials, including formulas, microfilm, tapes, and data, which are used, or intended to be used, in violation of this article;
(5) All moneys, negotiable instruments, securities, real property, personal property, or other things of value, furnished or intended to be furnished by any person in exchange for a controlled substance or marijuana in violation of this article; all proceeds traceable to such an exchange; all moneys, negotiable instruments, securities, real property, personal property, or other things of value acquired through such an exchange or with the proceeds of such an exchange; and all moneys, negotiable instruments, securities, real property, personal property, or other things of value used to facilitate any violation of this violation;
(6) All objects and materials distributed in violation of Code Section 16-13-32.1 or possessed in violation of Code Section 16-13-32.2;
(7) All firearms, communications equipment, or other personal property not otherwise named in this subsection which are used, intended for use in, or used to facilitate a violation of this article;
(8) Any real property, including any right, title, leasehold interest, or other interest in the whole of any lot or tract of land and any appurtenances or improvements

634

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thereon, which real property is used, or intended to be used, to commit or facilitate the commission of a violation of this article;
(9) Any property, real or personal, which was acquired with proceeds obtained as a result of a violation of this article; and
(10) Any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of through a violation of this article. The term 'enterprise' for purposes of this Code section means any person, sole proprietorship, partnership, corporation, trust, association, or any other legal entity created under the laws of this state, or of the United States or any of the several states of the United States, or of any foreign nation or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit enterprises and governmental as well as other entities. (b) Property subject to forfeiture under this article may be seized by the director of the Georgia Drugs and Narcotics Agency or duly authorized agents or drug agents of the State Board of Pharmacy or by any law enforcement officer of this state or any political subdivision thereof who has the power to make arrests and whose duty is to enforce this article, upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if:
(1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this article;
(3) The director of the Georgia Drugs and Narcotics Agency or duly authorized agents or drug agents of the State Board of Pharmacy have probable cause to believe that the property is directly dangerous to health or safety; or
(4) The director of the Georgia Drugs and Narcotics Agency, duly authorized agents, drug agents, or law enforcement officers as set forth in this subsection have probable cause to believe that the property was used or is intended to be used in violation of this article. (c) (1) If property is seized under this article, it may be:
(A) Removed to a place designated by the superior court; (B) Placed under constructive seizure by posting notice of pending forfeiture on it, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of seizure in any appropriate public record relating to the property; (C) Removed to a storage area, within the jurisdiction of the court, for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, the district attorney may authorize its being deposited in an interest-bearing account in a financial institution in this state. Any accrued interest shall follow the principal in any judgment with respect thereto; (D) Provided that another government agency or a receiver to be appointed by the court pursuant to Chapter 8 of Title 9, an owner, or interest holder may take custody of the property and remove it to an appropriate location within the county where the property was seized; or (E) Given to the sheriff or chief of police of the political subdivision where the property was seized to take custody of the property and remove it to an appropriate location for disposition in accordance with law. (2) (A) When property consisting of a single-family home or a passenger motor vehicle is in the custody of a law enforcement agency pursuant to paragraph (1) of this subsection, the law enforcement agency may, unless prohibited by court order, allow such property to be used during the pendency of proceedings under this Code section by a family member of the owner or a resident of the owner's household if the law enforcement agency determines that:
(i) Such family member or household resident is innocent of any substantial involvement in the unlawful activity giving rise to the seizure of the property;
(ii) There is no substantial likelihood that allowing such use will result in the loss or destruction of or damage to the property; and

FRIDAY, FEBRUARY 2, 1990

635

(iii) A refusal to allow such use will result in a substantial hardship to the family member or household resident. (B) A law enforcement agency so allowing the use of property may, but shall not be required to, require the posting of appropriate security. (3) Photographs, photocopies, or video tapes of any moneys seized and deposited pursuant to paragraph (1) of this subsection, duly identified in writing by the law enforcement officer originally taking custody of the moneys as accurately representing such moneys, shall be admissible at trial in lieu of the original moneys. (d) (1) When property is seized pursuant to this article, the sheriff, drug agent, or law enforcement officer seizing the same shall report the fact of seizure, in writing within 30 days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made or to the attorney designated to litigate the forfeiture. (2) Within 60 days from the date written notice of the seizure is received by the district attorney of the judicial circuit of the county in which the property is seized or detained or by the attorney designated to litigate the forfeiture, a complaint for forfeiture shall be initiated as provided for in this Code section. (3) If the state or any political subdivision thereof fails to initiate forfeiture proceedings against property seized for forfeiture by giving notice of pending forfeiture within the time limits specified in paragraphs (1) and (2) of this subsection, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence. (e) (1) Seizure of property by a sheriff, drug agent, or law enforcement officer constitutes notice of such seizure to any person who may assert an interest in the property who was present at the time of seizure. (2) When property is seized pursuant to this article, the sheriff, drug agent, or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder not present at the time of seizure by one of the following methods: (A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail, return receipt requested, to that address; (B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property, but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to the latest address on the record; or (C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication once a week for two weeks in the legal organ of the county in which the seizure occurs. (3) Notice of seizure must include a description of the property, the date and place of seizure, and the conduct giving rise to forfeiture or the violation of law alleged. (f) (1) (A) A district attorney or an attorney designated to litigate the forfeiture may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil or criminal proceeding under this article or upon seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the property owned by the named person. The lien notice must set forth:
(i) The name of the person and, in the discretion of the state or any political subdivision thereof, any aliases, fictitious names, any corporations, partnerships, trusts, or other entities, including nominees that are either owned entirely or in part or controlled by the person; and
(ii) The description of the property or the criminal or civil proceeding that has been brought under this article, the amount claimed by the state, the name of the court where the proceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing;

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(B) A lien under this subsection applies to the described property or to one named person, any aliases, fictitious names, or other names, including names of corporations, partnerships, trusts, or other entities, including nominees that are either owned entirely or in part or controlled by the named person and any interest in real property owned or controlled by the named person. A separate lien for forfeiture of property must be filed for any other person. (2) The lien creates, upon filing, a lien in favor of the state or any political subdivision thereof as it relates to the seized property or the named person or related entities. The lien secures the amount of potential liability for civil judgment and, if applicable, the fair market value of seized property relating to all proceedings under this article enforcing this lien. The forfeiture lien referred to in this subsection must be filed in accordance with the provisions of the laws of this state pertaining to the type of property that is subject to the lien; provided, however, that liens on real property shall be filed in accordance with the provisions of the laws of this state pertaining to mechanics' and materialmen's liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44. The state or any political subdivision thereof may amend or release, in whole or in part, a lien filed under this subsection at any time by filing, without a filing fee, an amended lien in accordance with this subsection which identifies the lien amended. The state or any political subdivision thereof, as soon as practicable after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this paragraph does not invalidate or otherwise affect a lien filed in accordance with this subsection. \(3) Upon entry of judgment in favor of the state or any political subdivision thereof, the state or any political subdivision thereof may proceed to execute the lien as in the case of any other judgment. (4) A trustee, constructive or otherwise, who has notice that a lien for forfeiture of property or a notice of pending forfeiture or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds title or appears as record owner shall furnish, within ten days, to the district attorney, his designee, or the attorney designated to litigate the forfeiture the following information:
(A) The name and address of the person or entity for whom the property is held;
(B) The names and addresses of all beneficiaries for whose benefit legal title to the seized property or property of the named person or related entity is held; and
(C) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as record owner of the property.
(5) A trustee, constructive or otherwise, who fails to comply with this subsection is guilty of a misdemeanor.
(g) (1) Property taken or detained under this Code section is not subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency, the district attorney, or the attorney designated to litigate the forfeiture may authorize the release of the property if the forfeiture or retention is unnecessary or may transfer the action to another district attorney or designated forfeiture attorney by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other agency or attorney. An action under this Code section may be consolidated with any other action or proceeding under this article relating to the same property on motion by an interest holder and must be so consolidated on motion by the district attorney or attorney designated to litigate the forfeiture in either proceeding or action. The property is deemed to be in the custody of the State of Georgia or any political subdivision thereof subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings.
(2) An owner of a conveyance seized under this Code section may obtain release of the conveyance by posting a surety bond with the clerk of the court, with the surety approved by the clerk, or cash as a substitute res in an amount equal to the fair market value of the conveyance. The state or any political subdivision thereof may

FRIDAY, FEBRUARY 2, 1990

637

refuse to release the conveyance if the conveyance is retained as contraband, as evidence of a violation of law, or by reason of design or other characteristic that makes the conveyance particularly suited for use in illegal activities. If the substitute res is posted and a judgment of forfeiture is rendered, the court will forfeit the substitute res in lieu of the property. (h) In conjunction with any civil or criminal action brought pursuant to this article:
(1) The court, on application of the district attorney or the attorney designated to litigate the forfeiture, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this article, including issuing a warrant for its seizure and a writ of attachment, whether before or after the filing of a complaint for forfeiture;
(2) A temporary restraining order under this subsection may be entered on application of the state or any political subdivision thereof, without notice or an opportunity for a hearing, if the state or any political subdivision thereof demonstrates that:
(A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this article; and
(B) Provision of notice would jeopardize the availability of the property for forfeiture; (3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether:
(A) There is a probability that the state or any political subdivision thereof will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and
(B) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner, family member, household resident therein, or interest holder against whom the order is to be entered; (4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (3) of this subsection, the court, upon an application's being filed by an owner of or interest holder in the property within 30 days after notice of its seizure or lien, or actual knowledge of either, whichever is earlier, and said application's complying wiih the requirements for an answer to an in rem complaint, and after five days' notice to the district attorney of the judicial circuit where the property was seized or the attorney designated to litigate the forfeiture or, in the case of a forfeiture lien, the district attorney or the attorney designated to litigate the forfeiture filing such lien, may issue an order to show cause to the seizing law enforcement agency for a hearing
on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; or
(5) The court may order property that has been seized for forfeiture sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that:
(A) The interest holder has filed a proper claim and: (i) Is a business authorized to do business in this state and is under the juris-
diction of a government agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or
(ii) Has an interest that the district attorney or the attorney designated to litigate the forfeiture has stipulated is exempt from forfeiture;

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(B) The interest holder must dispose of"the property by commercially reasonable public sale and apply the proceeds to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and
(C) The balance of the proceeds, if any, must be returned to the actual or constructive custody of the court in an interest-bearing account, subject to further proceedings under this Code section. (i) The district attorney within whose jurisdiction the controlled substance, marijuana, vessel, motor vehicle, aircraft, or other personal or real property has been seized or held because of its use, attempted use, or intended use in violation of this article, the district attorney within whose jurisdiction the offense occurred which gives rise to the forfeiture, or the attorney designated to litigate the forfeiture shall have the authority to file a forfeiture action. (j) A forfeiture action may be filed in the county in which the real property is located or in the county in which property other than real property was seized or in which the offense occurred. (k) (1) The property which is the subject of the action shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the law of this state. It shall describe with reasonable particularity the property; state that it is within the county or will be during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and shall conclude with a prayer of due process to enforce the forfeiture. (2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property. Service of the complaint and summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4. (3) If the owner or interest holder is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the legal organ of the county in which the property was seized. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service. (4) If tangible property which has not been seized is the subject of the action, the court may order the sheriff or other law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff or other law enforcement officer shall execute process by affixing a copy thereof to the property in a conspicuous place and by leaving a copy of the complaint and summons with the person having possession or his agent. In furtherance of such custody of a vessel or aircraft, the sheriff or other law enforcement officer is authorized to make a written request with the appropriate government agency not to permit the departure of such vessel or aircraft until notified by the sheriff or other law enforcement officer that the vessel or aircraft has been released. (5) An owner of or interest holder in the property may file an answer asserting a claim against the property. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must set forth:
(A) The caption of the proceedings as set forth in the complaint and the name of the claimant;
(B) The address at which the claimant will accept mail;

FRIDAY, FEBRUARY 2, 1990

639

(C) The nature and extent of the claimant's interest in the property; (D) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property;
(E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture;
(F) All essential facts supporting each assertion; and
(G) The precise relief sought. (6) If at the expiration of the period set forth in paragraph (5) of this subsection, no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. (7) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be by the court without a jury.
(8) The state or any political subdivision thereof shall show the existence of probable cause for forfeiture of the property. Hearsay evidence is admissible in order to establish probable cause. If the state or any political subdivision thereof shows probable cause, the claimant has the burden of proceeding to show by competent evidence that the claimant's interest in the property is not subject to forfeiture. If the claimant meets this burden, the state or any political subdivision thereof must rebut the evidence presented by the claimant by the use of competent evidence.
(9) (A) A property interest shall not be subject to forfeiture under this Code section if the owner establishes that he neither knew, nor should have known after a reasonable inquiry, that such property was used, or intended to be used, in a felony violation of this article.
(B) No bona fide lienholder's interest shall be forfeited if such lienholder establishes that he neither knew, nor should have known after a reasonable inquiry, that such property was being used, intended to be used, or was likely to be used in the commission of a felony; that such use was without his consent, express or implied; and that the lien had been perfected in the manner prescribed by law prior to such seizure or forfeiture. If it appears to the satisfaction of the court that a lienholder's interest satisfies the above requirements for exemption, such lienholder's interest may be preserved by the court by ordering the lienholder's interest to be paid from such proceeds of the sale of the forfeited property.
(C) Property titled or registered jointly by use of the conjunctives 'and,' 'and/or,' or 'or' shall not be forfeited if the co-owner establishes that he neither knew, nor should have known after a reasonable inquiry, that such property was used or intended to be used in a felony violation of this article. (10) If the state or any political subdivision thereof does not show the existence of probable cause or a claimant has established by competent evidence that the claimant has an interest that is exempt under subparagraph (A) of paragraph (9) of this subsection, the court shall order the interest in the property returned or conveyed to the claimant. The court shall order all other property forfeited to this state or any political subdivision thereof and conduct further proceedings pursuant to subsection (o) of this Code section. (l) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted
in any proceeding pursuant to this Code section, regardless of the pendency of an appeal
from that conviction. Evidence of the pendency of an appeal is admissible. For the purposes of this Code section, a conviction results from a verdict or plea of guilty, including
a plea of nolo contendere. (m) In hearings and determinations pursuant to this Code section: (1) The court may receive and consider evidence, in making any determination of
probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Titl~ 17, together with inferences therefrom;
(2) The fact that money or a negotiable instrument was found in proximity to contraband or to an instrumentality of conduct giving rise to forfeiture authorizes the

640

JOURNAL OF THE HOUSE,

trier of fact to infer that the money or negotiable instrument was the proceeds of conduct giving rise to forfeiture or was used, or intended to be used, to facilitate the conduct; and
(3) There is a rebuttable presumption that any property of a person is subject to forfeiture under this Code section if the state establishes probable cause to believe that:
(A) The person has engaged in conduct giving rise to forfeiture; (B) The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after the period; and (C) There was no likely source for the property other than the conduct giving rise to forfeiture. (n) (1) The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under the provisions of this Code section if any of the forfeited property: (A) Cannot be located; (B) Has been transferred or conveyed to, sold to, or deposited with a third party; (C) Is beyond the jurisdiction of the court; (D) Has been substantially diminished in value while not in the actual physical custody of the receiver or government agency directed to maintain custody of the property; or (E) Has been commingled with other property that cannot be divided without difficulty. (2) In addition to any other remedy provided for by law, a district attorney or an attorney designated to litigate the forfeiture on behalf of the state may institute an action in any court of this state, or of the United States or any of the several states, against any person acting with knowledge or any person to whom notice of a lien for forfeiture of property has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien notice or notice of seizure or after the filing and notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section, as the case may be. The state or any political subdivision thereof may recover judgment in an amount equal to the value of the lien not to exceed the fair market value of the property or, if there is no lien, in amount not to exceed the fair market value of the property, together with reasonable investigative expenses and attorney's fees. If a civil proceeding is pending, the action must be heard by the court in which the civil proceeding is pending. (3) A district attorney or an attorney designated to litigate the forfeiture may file and prosecute in any of the courts of this state, or of the United States or of any of the several states, such civil actions as may be necessary to enforce any judgment rendered pursuant to this Code section. (4) No person claiming an interest in property subject to forfeiture may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Code section. Except as specifically authorized by this Code section, no person claiming an interest in such property may file any counterclaim or cross-claim to any action brought pursuant to this Code section. (5) A civil action under this article must be commenced within five years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which eith;Jt the property or defendant is out of the state or in confinement or during which criminal proceedings relating to the same conduct are in progress. (o) (1) When a forfeiture occurs under this article, any item which is required by law to be destroyed or which is harmful to the public shall, pursuant to court order, be destroyed or forwarded to the Division of Forensic Sciences of the Georgia Bureau of Investigation or any other agency of state or local government for any medical or scientific use not prohibited under the laws of the United States or this state. (2) When a forfeiture of property other than money occurs under this article, the court may:

FRIDAY, FEBRUARY 2, 1990

641

(A) Order the property to be sold, with the proceeds of the sale to be distributed as provided in paragraph (4) of this subsection; or
(B) Provide for the in-kind distribution of the property as provided for in paragraph (4) of this subsection. (3) Where property is to be sold pursuant to paragraph (2) of this subsection, the court may direct that such property be sold by:
(A) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may establish a minimum acceptable price for such property; or
(B) Any commercially feasible means, including, in the case of real property, by listing such property with a licensed real estate broker, selected by the district attorney or the attorney designated to litigate the forfeiture through competitive bids. (4) All money forfeited in a forfeiture proceeding, all other property forfeited in the same forfeiture proceeding and not sold or distributed pursuant to paragraphs (2) and (3) of this subsection, and all proceeds from property forfeited in the same forfeiture proceeding and sold pursuant to paragraphs (2) and (3) of this subsection shall be pooled together for distribution as follows:
(A) A fair market value shall be assigned to all items of property other than money in such pool; and a total value shall be established for the pool by adding together the fair market valur of all such property in the pool and the amount of money in the pool;
(B) At least 25 percent of the total value of such pool shall be distributed to the county in which the forfeiture proceedings took place; and the remaining value of the pool shall be distributed pro rata to the state and to local governments, according to the role which their law enforcement agencies played in the seizure of the
assets; (C) The distribution provided for in subparagraphs (A) and (B) of this para-
graph shall be determined by the district attorney, subject to approval by the court. Where the pool to be distributed consists of both property to be distributed in kind and money, the district attorney shall, subject to approval by the court, determine to which governmental entities an in-kind distribution of which property shall be made and to which governmental entities distribution of money shall be made;
(D) Money distributed to a local government pursuant to this subsection shall be paid into the general fund of the local government and shall be used for law enforcement purposes and drug abuse treatment and education purposes. None of such money shall be used to pay all or part of the salaries of law enforcement personnel. Property distributed in kind to a local government may be designated by the district attorney, with the approval of the court, for use by such agency of the local government as may be appropriate or, otherwise, shall be turned over to the local governing authority for such use or disposition as may be determined by the local governing authority;
(E) Money distributed to the state pursuant to this subsection shall be paid into the general fund of the state treasury, it being the intent of the General Assembly that the same be used, subject to appropriation from the general fund in the manner provided by law, for funding of law enforcement agency programs and particularly for funding of advanced drug investigation training for law enforcement
officers; and (F) Property distributed in kind to the state pursuant to this subsection may be
designated by the Attorney General, with the approval of the court, for use by such agency of the state as may be appropriate or, otherwise, shall be turned over to the Department of Administrative Services for such use or disposition as may be determined by the commissioner of the Department of Administrative Services. (5) Upon order by the judge of the superior court, any local agency which is the recipient of the proceeds pursuant to this subsection shall, within six months following receipt thereof, submit a sworn statement to the judge who ordered the disposition of the proceeds detailing the expenditure of said proceeds as to the purpose and use, including the amount of any remaining balance.

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(p) Controlled substances listed in Code Section 16-13-25 that are possessed, transferred, sold, or offered for sale in violation of this article are contraband and shall be seized and summarily forfeited to the state. Controlled substances listed in Code Section 16-13-25 which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state.
(q) Species of plants from which controlled substances listed in Code Sections 16-13-25 and 16-13-26 may derive which have been planted or cultivated in violation of this article or of which the owners or cultivators are unknown or which are wild growths may be seized and summarily forfeited to the state.
(r) Upon demand by the director of the Georgia Drugs and Narcotics Agency, duly authorized agents, drug agents, or law enforcement officers as set forth in subsection (b) of this Code section, the failure of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
(s) Notwithstanding any other provision of this Code section: (1) Upon an ex parte application of the district attorney or the sheriff of the
county in which property was seized, the court may order an amount, not to exceed 25 percent of the proceeds of the sale of property forfeited under this Code section, to be paid to any person furnishing information which Jed to the seizure of the property. The court shall specify the method in which the payment shall be made so as to protect the identity of the informer;
(2) Where property forfeited under this Code section consists of a single-family home or passenger motor vehicle, the court may order the transfer of such property to a family member of the defendant or a resident of the defendant's household if the court determines that:
(A) Such family member or household resident is innocent of any substantial involvement in the unlawful activity giving rise to the forfeiture; and
(B) The Joss of the use of such home or vehicle would result in a substantial hardship on the family member or household resident, so as to increase the probability that such family member or household resident will require public assistance or increased amounts of public assistance; and (3) Any reward or transfer pursuant to this subsection shall operate an an initial charge to reduce the overall pool of remaining assets, if any, which shall thereafter be distributed as provided in subsection (o) of this Code section. (t) The district attorney may designate any licensed attorney to act as a special assistant district attorney in any proceeding under this Code section; and any attorney so acting as a special assistant district attorney shall be compensated in such manner as may be agreed upon between such attorney and the district attorney and approved or modified by the judge of the court in which the proceeding is filed. An attorney acting as a special assistant district attorney pursuant to this subsection shall be subject to the supervision and control of the district attorney and may, subject to such supervision and control, exercise any authority vested in the district attorney with respect to proceedings under this Code section."
Section 2. All laws and parts of Jaws 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
Allen

Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister

Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck

Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch

Y Breedlove Brooks
Brown Y Buck Y Buford Y Byrd

FRIDAY, FEBRUARY 2, 1990

643

Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene Gresham
Y Griffin Y Groover
Hamilton Y Hanner Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes YHooks 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 Y Lord 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 Morton Moultrie
Y Mueller Y Oliver,C Y Oliver,M YOrr

Orrock Y Padgett
Y Pannell YParham Y Parrish
Y Patten Y Pettit
Pinkston Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketaon Y Robinson
Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T
Smith,W Y Smyre YSnow

Y Stancil,F Y Stancil,S Y Stanley E Steele Y Stephens Y Streat
Teper YThomas,C YThomas,M
YThompson YThurmond Y Titus
Tolbert Y Townsend Y Twiggs
Y Vanghan Y Waddle
Walker,C Y Walker,L Y Wall YWare Y Wataon Y Watta
White Y Wilder Y Williams,B E 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.

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

HR 630. By Representatives Campbell of the 23rd, Isakson of the 21st, Stancil of the 8th, Felton of the 22nd, Davis of the 45th and others:
A resolution expressing tribute to Honorable Luther S. Colbert and inviting his wife and family to appear before the House of Representatives.

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

HB 1522. By Representatives Murphy of the 18th, Thomas of the 69th, Lee of the 72nd and Chambless of the 133rd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require any consumer reporting agency issuing a consumer report indicating the existence of a recorded writ of fieri facias to have verified within six months preceding issuance of such consumer report that the writ of fieri facias has not been satisfied.

The following substitute, offered by Representative Murphy of the 18th, was read and adopted:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require any consumer reporting agency issuing a consumer report

644

JOURNAL OF THE HOUSE,

indicating the existence of a writ of fieri facias to have verified within six months preceding issuance of such consumer report whether the writ of fieri facias has been satisfied; to provide that such verification and the results thereof appear on the consumer report; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting immediately following Chapter 9 a new Chapter 9A to read as follows:
"CHAPTER 9A
43-9A-1. As used in this chapter, the term: (1) 'Consumer' means an individual. (2) 'Consumer report' means any written, oral, or other communication by a con-
sumer reporting agency of any information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for credit or insurance to be used primarily for personal, family, or household purposes; employment purposes; or any purpose authorized under the provisions of 15 U.S.C. Section 1681b. Such term does not include any report containing information solely as to transactions or ellperiences between the consumer and the person making the report; any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made and such person makes the disclosures to the consumer required under 15 U.S.C. Section 1681m.
(3) 'Consumer reporting agency' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 43-9A-2. Any consumer reporting agency issuing a consumer report indicating the existence of a writ of fieri facias shall within the six months next preceding the issuance of such report have verified from official records whether the writ of fieri facias has been satisfied, and such verification and the results thereof shall be stated on the consumer report. 43-9A-3. Violation of the provisions of this chapter shall constitute a misdemeanor punishable by a fine of not more than $1,000.00."
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, 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
Allen Y Athon Y Atkins

Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M

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

Y Breedlove Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell

Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L

FRIDAY, FEBRUARY 2, 1990

645

Y Coleman Y Colwell
Connell Y Couch 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
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene 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 Y Lane,R Y 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 Y Meadows YMilam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham

Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter
Poston Y Powell y Randall
Y Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson
Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T
Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S

Y Stanley
E Steele Y Stephens Y Streat 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 YWare Y Watson Y Watts
White Y Wilder Y Williams,B
E Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

HB 1502.

By Representatives Couch of the 36th, Alford of the 57th, Townsend of the 24th, Sinkfield of the 37th and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act," so as to give the Authority power to make certain purchases without competitive bidding.

The report of the Committee, which was favorable to the passage of the 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
Allen Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron N Barnett,B
Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove
Brooks

Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark,B N Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B
Cummings,M
Y Davis,C Y Davis,G N Davis,M
Dixon,H

Y Dixon,S
N Dobbs
Y Dover N Dunn Y Edwards N Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
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 Hooka
N Howren Y Hudson Y Irwin Y Isakson Y Jackaon,J Y Jackaon,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 Y Linder
Long
Y Lord 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
N Morton Moultrie
Y Mueller Y Oliver,C
Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Pinkaton Y Poag Y Porter

646

JOURNAL OF THE HOUSE,

Y Poston Y Powell y Randall
Y Ransom y Ray
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson

Royal Selman
Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T
Smith,W Y Smyre
Y Snow

Y Stancil,F Y Stancil,S Y Stanley
E Steele Y Stephens
Streat Y Teper Y Thomas,C Y Thomas,M
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 N Wilder YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

HB 704. By Representatives Walker of the 115th, Ray of the 98th and Hooks of the 116th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the procedures for filling vacancies on local boards of education under certain circumstances.

The following Committee substitute was read and adopted:

A BILL

To amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the procedures for filling vacancies on local boards of education under certain circumstances; 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 2 of Title 20 of the Official Code of Georgia Anno-

tated, relating to local boards of education, is amended by striking Code Section 20-2-54.1,

relating to filling vacancies on local boards of education, and inserting in its place a new

Code section to read as follows:

"20-2-54.1. (a) In all instances where local laws applicable to local boards of educa-

tion do not provide otherwise, a vacancy occurring for any reason on a local board of

education shall be filled as follows:

flt-If the memael'S ef the leeftl OOaffl ef ea1:1eatien ftl'e eleeied by the -vetef's ef the

leeal selwel distl'iet 61' by the -veteFs withffi cleeii6H distl'iets eemf!esea ef p6l'tiefls ef

the leeal selwel distflet;

(A) The V8e8fley shall be filled f6l' the ~:~nexflil'ea iel'm at a !!j'lecial cleeii6H

whieh: shall be held 6ft the same date as the geHel'8i eleeii6fl whieh: is fil'st held ffil-

fflwiHg the date ef the vaettfleyi 8fld

(B) Pending the V8e8fley being filled by !!j'lecial eleetien fll:ll'SI:lant te S1:1Bfl81'8

gl'8flh (At ef this fl81'8g1'8flft, the l'emaining memael'S ef the leeftl OOaffl ef ea1:1eatien,

w withffi 3e tlays aftel' the date ef the Vf!e8fley;- shall, by fH8jttl'ity vete;- eleet 8 f!el'S6H

te fiH the V8e8fley l:lfltil the f!el'S6H eleeted l:lflder s1:1a" al'agl'afl h

er this f181'8-

gl'8flh takes effiee; 61'
i!L__lf the members Qf the local board Qf education are elected Q.y the voters, the

vacancy shall be filled ~ follows:
!ALl!' the vacancy occurs more than 90 days prior !Q the date Qf !! general elec-

tion preceding the general election!!! which_!! successor will be elected !Q.!! new full

term Qf office, then such vacancy shall be filled for the unexpired term Qf office !!!

!! special election !Q be held on the same date ~ said general election preceding the

general election !!! which !! successor will be elected !Q I! new full term Qf office; and i!! this case the remaining members Qf the board Qf education shall, .Qy majority

FRIDAY, FEBRUARY 2, 1990

647

vote, select !! qualified person !Q fill the vacancy until the person elected !!! such
special election takes office; and
illLJf the vacancy does not occur more than 90 days prior !Q the date Qf !! general election preceding the general election !!! which !! successor will be elected !2_
!! new full term Qf office, then the remaining members Qf the local board Qf education shall, Qy majority vote, select !! qualified person !Q serve for the remainder Qf the unexpired term. (2) If the members of the local board of education are appointed by the grand jury, the remaining members of the local board of education, by majority vote, shall eleei select a qualified person to fill the vacancy until the next grand jury convenes immediately following the occurrence of the vacancy at which time the grand jury shall appoint a qualified person to serve for the remainder of the unexpired term. (b) Any person elected or appointed to fill a vacancy pursuant to subsection (a) of this Code section shall possess the same qualifications required for election to a full term of office as provided by law applicable to the office wherein the vacancy occurred. As applied to special elections under subparagraph (a)(l)(A) of this Code section, if the office wherein the vacancy occurred is filled by election of voters within a portion of the local school district, then the special election shall be held within that portion of the local school district, but if the office wherein the vacancy occurred is filled by the voters within the entire school district, then the special election shall be held within the entire school district."
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
Allen Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Bamett,M Y Bates 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 Campbell
Y Carrell Y Carter YChambless Y Chance
Cheeks

Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B
Cummings,M
Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S
Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin
Green Y Greene
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 laakson 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
Linder Long Y Lord Y Lucas Y Lupton y Mangum y Martin
Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton
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 Randall
Y Ransom YRsy
Reaves Redding Y Richardson Y Ricketson Y Robinson Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T
Smith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
E Steele Y Stephens
Streat Y Teper
YTbomas,C YTbomas,M YTbompson YTburmond Y Titus Y Tolbert Y Townsend y Twiggs
Vaughan
Y Waddle Walker,C
Y Walker,L YWall YWare
Y Watson Y Watta y White
Wilder Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

648

JOURNAL OF THE HOUSE,

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

HR 684. By Representative Couch of the 36th:
A resolution granting a nonexclusive easement for operation and maintenance of an audio visual transmission cable in, on, over, upon, across, or through property owned by the State of Georgia in Fulton County, Georgia.

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

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

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch Y Crawford
Crosby Cummings,B Cummings,M Y Davis,C Y Davis,G Y Davis,M Dixon,H
Y Dixon,S Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
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 Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee Y Linder
Long YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley
Moody Y Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M YOrr Y Orrock
Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Reaves Y Redding Y Richardson
Ricketson Y Robinson
Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T
Smith,W Y Smyre
Snow
Y Stancii,F Y Stancii,S Y Stanley
E Steele Y Stephens
Streat Y Teper Y Thomas,C YThomas,M Y Thompson YThurmond Y Titus
Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Y Wilder YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 140, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 539. By Representative Holmes of the 28th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, so as to provide that certain employees and former employees of county departments of family and children services shall have the option to obtain creditable service under the Employees' Retirement System of Georgia.

FRIDAY, FEBRUARY 2, 1990

649

The report of the Committee, which was favorable to the passage of 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
Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Y Brooks
Brown
YBuck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H
Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee Y Goodwin
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 YHooks
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 Long
Y Lord Lucas
Y Lupton y Mangum
YMartin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows YMilarn Y Mobley Y Moody
Y Morton 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 Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Royal YSelman Y Simpson Y Sinkfield

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

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1191. By Representative Holmes of the 28th:
A bill to amend Part 1 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to bicycles, so as to prohibit bicycle racing on state highways.

The following Committee substitute was read:

A BILL
To amend Part 1 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to bicycles, so as to prohibit bicycle racing on state highways; to provide for definitions; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to bicycles, is amended by inserting immediately following Code Section 40-6-297 a new Code Section 40-6-297.1 to read as follows:
"40-6-297.1. (a) As used in this Code section, the term:

650

JOURNAL OF THE HOUSE,

(1) 'Bicycle race' means a competition among ten or more persons using bicycles where awards are given on the basis of relative performance.
(2) 'Race course' means the designated route to be traversed by participants during a bicycle race.
(3) 'State highway' means any portion of the state highway system as that term is defined in Article 2 of Chapter 4 of Title 32. (b) Except as provided in subsection (c) of this Code section, it shall be a misdemeanor for any person to participate in a bicycle race on any state highway and, upon conviction thereof, such person shall be punished by a fine not to exceed $100.00. (c) Bicycle races in which the law enforcement agency of the jurisdiction in which such race is conducted has authorized:
(1) The closing to traffic of the entire race course or of each portion of the race course being traversed by participants;
(2) The marshaling of each intersection on the race course at which the race course does not have clear right of way by at least two persons equipped with signali,ng devices for the purpose of halting traffic as participants approach such intersection; and
(3) The posting of notices of such bicycle race at conspicuous places along the route beginning one week prior to the race date shall be lawful. (d) Notwithstanding the provisions of subsection (c) of this Code section, no road or any portion of a road on the state highway system may be closed for a bicycle race without first obtaining permission from the Department of Transportation for such closing. (e) Race directors shall be required to secure a race permit from appropriate county or municipal public safety officials before conducting any race on a county or municipal road."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:

Representative Holmes of the 28th moves to amend the Committee substitute to HB 1191 by striking the words "participate in" on line 26 of page 1 and inserting in lieu thereof the words "promote or organize".
By striking the words "two persons" on line 11 of page 2 and inserting in lieu thereof the words "one person".
By striking the word "conspicuous" on line 16 of page 2 and inserting in lieu thereof the word "appropriate".
By striking in its entirety subsection (e), which reads as follows:
"(e) Race directors shall be required to secure a race permit from appropriate county or municipal public safety officials before conducting any race on a county or municipal road.",
on lines 24 through 27 of 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
Allen

Y Athon Y Atkins Y Bailey

Y Baker Balkcom
Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

FRIDAY, FEBRUARY 2, 1990

651

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

Y Davis,C
Y Davis,G Y Davis,M
Dixon,H Y Dixon,S y Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin
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
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 Y Lord
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 Morton
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 YPowell y Randall
Y Ransom YRay Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson
Royal
YSelman Y Simpson
Y Sinkfield Y Smith,L Y Smith,P Y Smith,T

Smith,W Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley
E Steele Y Stephens Y Streat
Y Teper Y Thomas,C YThomas,M Y Thompson YThurmond 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 YWilliams,B
E Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 256. By Representative Porter of the 119th:
A bill to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, and to amend Code Section 53-12-3 of the Official Code of Georgia Annotated, relating to a description of trustee powers which render a trust executory, termination of irrevocable executory trusts, effects of retention of a life estate, power of appointment, or remainder interest, and distribution or division of trust property.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, and to amend Code Section 53-12-3 of the Official Code of Georgia Annotated, relating to a description of trustee powers which render a trust executory, termination of irrevocable executory trusts, effects of retention of a life estate, power of appointment, or remainder interest, and distribution or division of trust property, and to amend Code Section 53-15-3 of the Official Code of Georgia Annotated, relating to fiduciary powers which may be incorporated by reference, so as to conform Georgia law more nearly to the Uniform Transfers to Minors Act; to provide for a short title; to provide for definitions; to provide for scope and jurisdiction; to provide for nomination of custodians; to provide for transfers by gift or exercise of power of appointment; to provide for transfers authorized by wills or trusts; to provide for other transfers by fiduciaries; to provide for transfers by obligors; to provide for receipts for custodial property; to provide for the manner of creating custodial property and effecting transfers; to provide

652

JOURNAL OF THE HOUSE,

for designation of initial custodians; to provide for control; to provide for single custodianships; to provide for validity and effect of transfers; to provide for care of custodial property; to provide for powers of custodians; to provide for use of custodial property; to provide for custodian's expenses, compensation, and bonds; to provide for exemption of third persons from liability; to provide for liability to third persons; to provide for renunciation, resignation, death, or removal of custodians; to provide for designation of successor custodians; to provide for accounting by and determination of liability of custodians; to provide for termination of custodianship; to provide for effect on existing custodianships; to provide for uniformity of application and construction; to expand the types of transfers that may be made to custodianships; to expand the types of property that may be transferred to custodianships; to include the power to make transfers from estates and trusts among the fiduciary powers that may be incorporated by reference; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by striking Article 5, known as "The Georgia Gift to Minors Act," and inserting in lieu thereof a new Article 5 to read as follows:
"ARTICLE 5
44-5-110. This article shall be known and may be cited as 'The Georgia Transfers to Minors Act.'
44-5-111. As used in "this article, the term: (1) 'Adult' means an individual who has attained the age of 21 years. (2) 'Benefit plan' means an employer's plan for the benefit of an employee or part-
ner or an individual retirement account. (3) 'Broker' means a person lawfully engaged in the business of effecting transac-
tions in securities or commodities for the person's own account or for the account of others.
(4) 'Court' means the probate court in the county where the minor resides, or, if the minor is not a resident of this state, the probate court in the county where the custodian resides or has his principal place of business or where the custodial property is located.
(5) 'Custodial property' means any interest in property transferred to a custodian under the authority of this article and the income from and proceeds of that interest in property.
(6) 'Custodian' means a person so designated under Code Section 44-5-119 or a successor or substitute custodian designated under Code Section 44-5-128.
(7) 'Financial institution' means a bank, trust company, national banking association, industrial bank, savings institution, or credit union chartered and supervised under state or federal law.
(8) 'Guardian' means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
(9) 'Legal representative' means an individual's personal representative or guardian.
(10) 'Member of the minor's family' means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11) 'Minor' means an individual who has not attained the age of 21 years. (12) 'Person' means an individual, corporation, organization, or other legal entity. (13) 'Personal representative' means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. (14) 'State' includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

FRIDAY, FEBRUARY 2, 1990

653

(15) 'Transfer' means a transaction that creates custodial property under Code Section 44-5-119.
(16) 'Transferor' means a person who makes a transfer under the authority of this article.
(17) 'Trust company' means a financial institution, corporation, or other legal entity authorized to exercise general trust powers in this state.
44-5-112. (a) This article applies to a transfer that refers to 'The Georgia Transfers to Minors Act' in the designation under subsection (a) of Code Section 44-5-119 by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this article despite a subsequent change in residence of a transferor, the minor, or the custodian or the removal of custodial property from this state.
(b) A person designated as custodian under the authority of this article is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
44-5-113. (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor recipient upon the occurrence of the event by naming the custodian, followed in substance by the words: 'as custodian for
(name of minor) under "The Georgia Transfers to Minors Act."' The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is delivered to the payor, issuer, or other obligor of the contractual rights.
(b) A custodian nominated under this Code section must be a person to whom a transfer of property of that kind may be made under subsection (a) of Code Section 44-5-119.
(c) The nomination of a custodian under this Code section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Code Section 44-5-119. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property
pursuant to Code Section 44-5-119. 44-5-114. A person may make a transfer by irrevocable gift to, or by the irrevocable
exercise of a power of appointment in favor of, a custodian for the benefit of a minor
pursuant to Code Section 44-5-119. 44-5-115. (a) A personal representative or trustee may make an irrevocable transfer
pursuant to Code Section 44-5-119 to a custodian for the benefit of a minor as autho-
rized in the governing will or trust. (b) If the testator or settlor has nominated a custodian under Code Section 44-5-113
to receive the custodial property, the transfer must be made to that person. (c) If the testator or settlor has not nominated a custodian under Code Section
44-5-113, or all persons so nominated as custodian die before the transfer or are unable,
decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian
for property of that kind under subsection (a) of Code Section 44-5-119, which designa-
tion may include the personal representative or the trustee.

654

JOURNAL OF THE HOUSE,

44-5-116. (a) Subject to subsection (c) of this Code section, a personal representative or trustee may make an irrevocable transfer to an adult or trust company as custodian (which custodian may be the personal representative or the trustee) for the benefit of a minor pursuant to Code Section 44-5-119, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to subsection (c) of this Code section, a guardian may make an irrevocable transfer to an adult or trust company as custodian (which custodian may be the guardian) for the benefit of the minor pursuant to Code Section 44-5-119.
(c) A transfer under subsection (a) or (b) of this Code section may be made only if: (I) The personal representative, trustee, or guardian considers the transfer to be
in the best interest of the minor; (2) The transfer is not prohibited by or inconsistent with provisions of the applica-
ble will, trust agreement, or other governing instrument; and (3) The transfer is authorized by the court as in the best interest of the minor if
such transfer, combined with all prior transfers to the minor under this Code section, does not in the aggregate exceed $10,000.00 in value. 44-5-117. (a) Subject to subsections (b) and (c) of this Code section, a person not subject to Code Section 44-5-115 or 44-5-116 who holds property of or owes a liquidated debt to a minor may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Code Section 44-5-119. (b) If a person having the right to do so under Code Section 44-5-113 has nominated a custodian under that Code section to receive the custodial property, the transfer must be made to the custodian so designated if the minor has no guardian and may be made to the custodian so designated if a guardian appointed for such minor considers the transfer to be in the best interest of the minor, and, on petition brought by the minor's guardian, the transfer is authorized by the court as in the best interest of the minor. (c) If no custodian has been nominated under Code Section 44-5-113, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this Code section may be made to an adult member of the minor's family or to a trust company as custodian for the benefit of the minor if:
(1) The minor has no guardian and the property, combined with all prior transfers to the minor under this subsection, does not in the aggregate exceed $10,000.00 in value; or
(2) A guardian appointed for such minor considers the transfer to be in the best interest of the minor and, on petition brought by the minor's guardian, the transfer is authorized by the court as in the best interest of the minor. 44-5-118. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this article. 44-5-119. (a) Custodial property is created and a transfer is made whenever:
(1) An uncertificated security or a certificated security in registered form is either:
(A) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: 'as custodian for
(name of minor) under "The Georgia Transfers to Minors Act'"; or
(B) Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b) of this Code section; (2) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: 'as custodian for
(name of minor) under "The Georgia Transfers to Minors Act"';
(3) The ownership of a life or endowment insurance policy or annuity contract is either:

FRIDAY, FEBRUARY 2, 1990

655

(A) Registered with the issuer in the name of the transferor, an adult other than

the transferor, or a trust company, followed in substance by the words: 'as custodian

for

(name of minor) under "The Geor-

gia Transfers to Minors Act"'; or

(B) Assigned in a writing delivered to an adult other than the transferor or to

a trust company whose name in the assignment is followed in substance by the

words: 'as custodian for

(name of

minor) under "The Georgia Transfers to Minors Act"';

(4) An irrevocable exercise of a power of appointment or an irrevocable present

right to future payment under a contract is the subject of a written notification deliv-

ered to the payor, issuer, or other obligor that the right is transferred to the trans-

feror, an adult other than the transferor, or a trust company, whose name in the

notification is followed in substance by the words: 'as custodian for

(name of minor) under "The Georgia

Transfers to Minors Act"';

(5) An interest in real property is recorded in the name of the transferor, an adult

other than the transferor, or a trust company, followed in substance by the words: 'as

custodian for

(name of minor) under

"The Georgia Transfers to Minors Act"';

(6) A certificate of title issued by a department or agency of a state or of the

United States which evidences title to tangible personal property is either:

(A) Issued in the name of the transferor, an adult other than the transferor, or

a trust company, followed in substance by the words: 'as custodian for

=---=---~,----c----occ-------- (name of minor) under "The Georgia

Transfers to Minors Act"'; or

(B) Delivered to an adult other than the transferor or to a trust company,

endorsed to that person, followed in substance by the words: 'as custodian for

~----;;---:-~;-;------;---:-:-::--------(name of minor) under "The Georgia

Transfers to Minors Act"';

(7) An interest in any property not described in paragraphs (1) through (6) of this

subsection is transferred to an adult other than the transferor or to a trust company

by a written instrument in substantially the form set forth in subsection (b) of this

Code section.

(b) An instrument in the following form satisfies the requirements of subparagraph

(B) of paragraph (1) and paragraph (7) of subsection (a) of this Code section:

'TRANSFER UNDER THE GEORGIA

TRANSFERS TO MINORS ACT

!,_~~----~---=----- (name of transferor or name and

representative

capacity

if

a

fiduciary)

transfer

to

(name of custodian), as custodian for

(name of minor) under "The Georgia

Transfers to Minors Act," the following: (insert a description of the custodial property

sufficient to identify it).

Dated: _________________________________

(Signature) (name of custodian) acknowledges
receipt of the property described above as custodian for the minor named above under "The Georgia Transfers to Minors Act." Dated: _______________________________________

(Signature of Custodian)' (c) A transferor shall place the custodian in control of the custodial property as soon as practicable.

656

JOURNAL OF THE HOUSE,

44-5-120. A transfer may be made only for one minor, and only one person may be custodian. All custodial property held under the authority of this article by the same custodian for the benefit of the same minor constitutes a single custodianship.
44-5-121. (a) The validity of a transfer made in a manner prescribed in this article is not affected by:
(1) Failure of the transferor to comply with subsection (c) of Code Section 44-5-119 concerning possession and control;
(2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection (a) of Code Section 44-5-119; or
(3) Death or incapacity of a person nominated under Code Section 44-5-113 or designated under Code Section 44-5-119 as custodian or the disclaimer of the office by that person. (b) A transfer made pursuant to Code Section 44-5-119 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this article, and neither that minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this article. (c) By making a transfer, the transferor incorporates in the disposition all the provisions of this article and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this article. 44-5-122. (a) A custodian shall:
(1) Take control of custodial property; (2) Register or record title to custodial property if appropriate; and (3) Collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property, a custodian shall invest and reinvest the custodial property as would prudent men of discretion and intelligence who are seeking a reasonable income and the preservation of their capital, without reference to the laws relating to permissible investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor without reference to the laws relating to permissible investments by fiduciaries. (c) A custodian may invest in or pay premiums on life insurance or endowment policies on: (1) The life of the minor only if the minor or the minor's estate is the sole beneficiary; or (2) The life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian is the irrevocable beneficiary. (d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: 'as a custodian for ~~----,o--=~~..,-~cc---~~~~~~~- (name of minor) under "The Georgia Transfers to Minors Act."' (e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years. 44-5-123. (a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.

FRIDAY, FEBRUARY 2, 1990

657

(b) This Code section does not relieve a custodian from liability for breach of Code Section 44-5-122.
44-5-124. (a) A custodian may deliver or pay to the minor or expend for or apply to the minor's benefit so much or the whole of the custodial property as the custodian considers advisable for the support, maintenance, education, and general use and benefit of the minor in such manner, at such time or times, and to such extent as the custodian may deem suitable and proper, without court order and without regard to:
(1) The duty or ability of the custodian personally or of any other person to support the minor; or
(2) Any other income or property of the minor which may be applicable or available for that purpose. (b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor. (c) A delivery, payment, or expenditure under this Code section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor. 44-5-125. (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (b) Except for one who is a transferor under Code Section 44-5-114, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year. (c) Except as provided in subsection (f) of Code Section 44-5-128, a custodian need not give a bond. 44-5-126. A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
(1) The validity of the purported custodian's designation; (2) The propriety of, or the authority under this article for, any act of the purported custodian; (3) The validity or propriety under this article of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or (4) The propriety of the application of any property of the minor delivered to the purported custodian. 44-5-127. (a) A claim based on: (1) A contract entered into by a custodian acting in a custodial capacity; (2) An obligation arising from the ownership or control of custodial property; or (3) A tort committed during the custodianship
may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b) A custodian is not personally liable:
(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
44-5-128. (a) A person nominated under Code Section 44-5-113 or designated under Code Section 44-5-119 as custodian may decline to serve by delivering a valid disclaimer under Code Section 53-2-115 to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under Code Section 44-5-113, the person who made the nomination may nominate

658

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a substitute custodian under Code Section 44-5-113; otherwise, the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under subsection (a) of Code Section 44-5-119. The custodian so designated has the rights of a successor custodian.
(b) A custodian at any time may designate a trust company or an adult other than a transferor under Code Section 44-5-114 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed.
(c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
(d) If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection (b) of this Code section, an adult member of the minor's family, a guardian of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the guardian of the minor becomes successor custodian. If the minor has no guardian or the guardian declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian.
(e) A custodian who declines to serve under subsection (a) of this Code section or resigns under subsection (c) of this Code section, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
(f) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the guardian of the minor, or the minor if the minor has attained the age of 14 years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Code Section 44-5-114 or to require the custodian to give appropriate bond.
44-5-129. (a) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court:
(1) For an accounting by the custodian or the custodian's legal representative; or (2) For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under Code Section 44-5-127 to which the minor or the minor's legal representative was a party. (b) A successor custodian may petition the court for an accounting by the predecessor custodian. (c) The court, in a proceeding under this article or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account. (d) If a custodian is removed under subsection (f) of Code Section 44-5-128, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property. 44-5-130. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earliest of: (1) The minor's attainment of 21 years of age with respect to custodial property transferred under Code Section 44-5-114 or 44-5-115; (2) The minor's attainment of majority under the laws of this state other than this article with respect to custodial property transferred under Code Section 44-5-116 or 44-5-117; or

FRIDAY, FEBRUARY 2, 1990

659

(3) The minor's death. 44-5-131. This article applies to a transfer within the scope of Code Section 44-5-112 made after July 1, 1990, if:
(1) The transfer purports to have been made under former Article 5 of this chapter, known as 'The Georgia Gifts to Minors Act'; or
(2) The instrument by which the transfer purports to have been made uses in substance the designation 'as custodian under the Uniform Gifts to Minors Act' or 'as custodian under the Uniform Transfers to Minors Act' of any other state, and the application of this article is necessary to validate the transfer.
44-5-132. (a) Any transfer of custodial property as now defined in this article made before July 1, 1990, is validated notwithstanding that there was no specific authority in former Article 5 of this chapter, known as 'The Georgia Gifts to Minors Act,' for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b) This article applies to all transfers made before July 1, 1990, in a manner and form prescribed in former Article 5 of this chapter, known as 'The Georgia Gifts to Minors Act,' except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on July 1, 1990.
44-5-133. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
44-5-134. The former Article 5 of this chapter, known as 'The Georgia Gifts to Minors Act,' is repealed. To the extent that this new article, by virtue of subsection (b) of Code Section 44-5-132, does not apply to transfers made in a manner prescribed in 'The Georgia Gifts to Minors Act' or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of 'The Georgia Gifts to Minors Act' does not affect those transfers or those powers, duties, and immunities."
Section 2. Code Section 53-12-3 of the Official Code of Georgia Annotated, relating to a description of trustee powers which render a trust executory, termination of irrevocable executory trusts, effects of retention of a life estate, power of appointment, or remainder interest, and distribution or division of trust property, is amended by striking subsection (d) of said Code section and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) If upon petition of the trustee, personal representative of the decedent's estate, or any beneficiary, the court having jurisdiction over such trust, regardless of any spendthrift or similar protective provisions, finds that:
(1) The costs of administration of such trust are such that the continuance of the trust, the establishment of the trust if it is to be established, or the distribution from a probate estate, would defeat or substantially impair the purpose of the trust;
(2) The purpose of the trust has been fulfilled or has become illegal or impossible of fulfillment; or
(3) Owing to circumstances not known to the grantor, donor, or settlor and not anticipated by such grantor, donor, or settlor, the continuance of the trust would defeat or substantially impair the accomplishment of the purpose of the trust, the court, after due notice to all persons then having an interest in the trust, may order distribution of the trust property. The order shall specify the appropriate share of each beneficiary who is to share in the proceeds of the trust, taking into account the interest of any income beneficiaries and remaindermen, so as to conform as nearly as possible to the intention of the grantor, donor, settlor, or testator. The order may direct that the interest of a minor beneficiary, or any portion thereof, be converted into qualifying property and distributed to a custodian pursuant to Article 5 of Chapter 5 of Title 44, 'The Georgia Gift Transfers to Minors Act.' In addition, the court may make such other orders as it deems proper or necessary to protect the interests of the beneficiaries and of the trustee."
Section 3. Code Section 53-15-3 of the Official Code of Georgia Annotated, relating to fiduciary powers which may be incorporated by reference, is amended by striking the

660

JOURNAL OF THE HOUSE,

word "and" at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting in lieu thereof the symbol and word "; and" and by adding at the end of said Code section a new paragraph (32) to read as follows:
"(32) To transfer interests in property to a custodianship. To make distribution (whether of income or principal) from the estate or trust to or for a person under the age of 21 years by transferring the amount or property interest involved to a custodianship for the benefit of such person created under and governed by Article 5 of Chapter 5 of Title 44, known as 'The Georgia Transfers to Minors Act."'
Section 4. This Act shall become effective on July 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 roll call was ordered and the vote was as follows:

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

Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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 YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin
Y Groover Hamilton
Y Hanner

Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes YHooks
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 Y Lee Y Linder
Long Y Lord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
McKinney,C
Y Meadows
Y Milam Y Mobley Y Moody Y Morton
Moultrie Y Mueller
Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom YRsy Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Royal
Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley
E Steele Y Stephens Y Streat Y Teper Y Thomas,C
YThomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall
Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B E Williams,J
Y Yates Y Yeargin
Murphy,Spkr

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

HB 1352.

By Representatives Porter of the 119th, Campbell of the 23rd and Davis of the 45th:
A bill to amend Code Section 53-2-45 of the Official Code of Georgia Annotated, relating to the effect of a legacy or devise to a subscribing witness to a will, so as to provide that a legacy or devise to a subscribing witness shall not be void if there are at least two other subscribing witnesses to such will who are not legatees or devisees under such will.

FRIDAY, FEBRUARY 2, 1990

661

The report of the Committee, which was favorable to the passage of the 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 Allen
Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford
Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks

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

Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes YHooks
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
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 Y Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell
Randall Y Ransom y Ray
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Royal
Y Selman Y Simpaon Y Sinkfield

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

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 149. By Representatives Hamilton of the 124th, Clark of the 20th and White of the 132nd:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the provisions relating to compulsory attendance; to change the maximum age at which a child is required to be enrolled in a public school, private school, or home study program.

The following Committee substitute was read:

A BILL
To amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the the maximum age at which a child is required to be enrolled in a public school, private school, or home study program; to change the provisions relating to exemptions from compulsory attendance; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, is amended by striking subsection (a)

662

JOURNAL OF THE HOUSE,

of Code Section 20-2-690.1, relating to mandatory education for children between the ages of seven and 16, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh and sixteenth eighteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program unless such child has completed all high school grades and obtained !! high school diploma Q! has obtained !! general educational development (GED) equivalency diploma; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences."
Section 2. Said article is further amended by striking Code Section 20-2-693, relating to exemptions from attendance, in its entirety and inserting in lieu thereof a new Code Section 20-2-693 to read as follows:
"20-2-693. (a) Children between their seventh and sixteenth eighteenth birthdays who are excused from attendance in public school by county or independent school system boards in accordance with general policies and regulations promulgated by the State Board of Education shall be exempt from this subpart. The state board, in promulgating its general policies and regulations, shall take into consideration sickness and other emergencies which may arise in any school community.
(b) Children between their seventh and sixteenth eighteenth birthdays who are excused from attendance at private schools or home study programs for sickness or emergencies or for other reasons substantially the same as the reasons for excused absences from attendance at public school authorized by state board policy pursuant to subsection (a) of this Code section shall be exempt from this subpart."
Section 3. This Act shall become effective on July 1, 1993.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Pannell of the 122nd moves to amend the substitute to HB 149 as follows:
Insert on line 26 after the word "diploma" the following:
"or who is on active duty in the military forces of the United States".

The following amendment was read:

Representatives Herbert of the 76th and Holcomb of the 72nd move to amend the substitute to HB 149 by striking from line 7 of page 1 the following:
"an effective date", and inserting in lieu thereof the following:
"a conditional effective date". By striking from lines 1 and 2 of page 3 the following: "This Act shall become effective on July 1, 1993.", and inserting in lieu thereof the following:

FRIDAY, FEBRUARY 2, 1990

663

"This Act shall become effective July 1, 1996, if special instructional assistance programs are in all grades, elementary and middle school counselors are in each school, and the recommendations from the Governor's Task Force on QBE Weights are fully funded."

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

N Aaron N Abernathy Y Adams N Aiken
Alford Allen N Athon N Atkins Y Bailey Baker Balkcom Y Bannister Y Barfoot Bargeron Y Barnett,B Y Barnett,M
Bates Y Beck
Benefield
Benn Y Birdsong N Bishop Y Bostick
Branch Y Breedlove
Brooks Brown Y Buck
Buford Y Byrd
Campbell
Y Carrell Y Carter
Chambless Y Chance
Cheeks

Y Childers
Clark,B N Clark,H
Clark,L Y Coleman Y Colwell N Connell Y Couch Y Crawford
Crosby
Y Cummings,B Cummings,M
Y Davis,C Davis,G
N Davis,M Di:r.on,H
N Dixon,S Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M
Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Greene Gresham Y Griffin
Y Groover N Hamilton Y Hanner

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

McKinney,B
N McKinney,C Y Meadows NMilam Y Mobley
Moody Y Morton
Moultrie Y Mueller Y Oliver,C N Oliver,M Y Orr Y Orrock N Padgett N Pannell
Parham N Parrish Y Patten
Pettit Pinkston y Poag
N Porter Y Poston Y Powell N Randall
Y Ransom YRay
Reaves N Redding
Richardson N Ricketson N Robinson
Royal Y Selman Y Simpson N Sinkfield

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

On the adoption of the amendment, the ayes were 81, nays 40. The amendment was adopted.

The Committee substitute, as amended, was adopted.

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

Y Aaron Y Abernathy
Y Adams Y Aiken
Alford Allen Y Athon Y Atkins N Bailey N Baker Balkcom N Bannister

N Barfoot
Bargeron N Barnett,B N Barnett,M
Bates Beck N Benefield Y Benn N Birdsong Y Bishop N Bostick N Branch

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

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

Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S N Dobbs N Dover NDunn N Edwards Y Ehrhart Y Felton N Fennel

664

JOURNAL OF THE HOUSE,

Floyd,J.M N Floyd,J.W N Foster N Godbee Y Goodwin
Green
Greene Gresham NGriffin
N Groover Y Hamilton N Hanner
N Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes YHooks
Y Howren N Hudson N Irwin Y Isakson

N Jackson,J
N Jackson,W
Jamieson N Jenkins Y Johnson N Jones N Kilgore
Kingston N Lane,D N Lane,R N Langford Y Lawrence Y Lawson N Lee Y Linder
Long Lord Lucas Y Lupton Y Mangum Y Martin N McCoy N McDonald N McKelvey

McKinney,B Y McKinney,C
N Meadows NMilam N Mobley
Moody
Y Morton Moultrie
Y Mueller N Oliver,C Y Oliver,M Y Orr Y Orrock N Padgett Y Pannell
Parham Y Parrish N Patten
Pettit Pinkston N Poag
Y Porter Y Poston N Powell

y Randall
Y Ransom NRay
N Reaves Y Redding
Y Richardson N Ricketson Y Robinson
Royal YSelman N Simpson Y Sinkfield N Smith,L N Smith,P N Smith,T
Smith,W Y Smyre NSnow
N Stancil,F Y Stancil,S Y Stanley
E Steele Y Stephens
Streat

Y Teper
NThomas,C YThomas,M Y Thompson YThurmond Y Titus
N Tolbert Y Townsend N Twiggs Y Vaughan N Waddle
Walker,C
N Walker,L YWall NWare N Watson N Watts Y White Y Wilder YWilliams,B E Williams,J N Yates N Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 70, nays 72.
The Bill, by substitute, as amended, having failed to receive the requisite constitu tiona! majority, was lost.

Representative Hamilton of the 124th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 149.

HB 1570. By Representative Redding of the 50th:
A bill to amend Code Section 41-2-9 of the Official Code of Georgia Annotated, relating to county or municipal ordinances relating to unfit buildings or structures, so as to provide that a hearing relating to a dwelling, building, or structure alleged to be unfit for habitation shall be held in the municipality when the property in question is located within a municipality.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Benefield Y Benn Y Birdsong Y Bishop

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

Y Crawford Crosby
Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H
Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green

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 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
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
Y Morton Moultrie
Y Mueller Y Oliver,C Y Oliver,M
YOrr Y Orrock Y Padgett Y Pannell YParbam

FRIDAY, FEBRUARY 2,1990

Y Parrish Y Patten
Pettit Pinkston Y Poag Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Y Reaves Y Redding Y Richardson

Y Ricketeon Y Robinson
Royal
Selman Y Simpson Y Sinkfield Y Smitb,L Y Smith,P Y Smith,T
Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S

Y Stanley
E Steele Y Stephens
Streat Y Teper
YThomas,C Y Thomas,M YThompson YThurmond
Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan

665
Y Waddle Walker,C
Y Walker,L YWall YWare Y Wateon Y Watts YWhite Y Wilder YWilliams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

HB 769. By Representative Edwards of the 112th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, and entities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Hazardous Waste Management Authority shall become members of said retirement system.

The following Committee substitute was read and adopted:

A BILL
To amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, so as to change the provisions relative to membership in the retirement system of county tax commissioners, collectors, receivers, and their employees; to provide that all officers and employees of the Georgia Hazardous Waste Management Authority shall become members of said retirement system; to provide for other matters relative to the foregoing; to ratify and confirm certain creditable service obtained prior to the effective date of this Act; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, is amended by striking subsection (h) of Code Section 47-2-292, relating to membership in the retirement system of county tax commissioners, collectors, receivers, and their employees, in its entirety and substituting in lieu thereof a new subsection (h) to read as follows:
"(h) Notwithstanding any other provisions of this Code section, no tax commissioner, tax collector, tax receiver, or any employee of any such official shall be eligible for membership in the retirement system if such official or employee is covered or becomes covered by any other public retirement or pension system, excluding social security coverage and coverage under ~ county Q! other local retirement Q! pension system. The provisions of subsections (a), (c), and (d) of this Code section shall apply to any tax officials or their employees who become members of the retirement system pursuant to subsections (f) and (g) of this Code section."
Section 2. Said article is further amended by adding at the end of Part 10 thereof, relating to employees of certain state authorities, commissions, and entities being members

666

JOURNAL OF THE HOUSE,

of the Employees' Retirement System of Georgia, a new Code Section 47-2-319 to read as follows:
"47-2-319. (a) As used in this Code section, the term 'Georgia Hazardous Waste Management Authority' or 'authority' means the Georgia Hazardous Waste Management Authority established by Article 4 of Chapter 8 of Title 12.
(b) Effective on July 1, 1990, or on first becoming officers or employees of the Georgia Hazardous Waste Management Authority, all officers and employees of the Georgia Hazardous Waste Management Authority shall become members of the retirement system. Any officer or employee of the authority who was already a member of the retirement system on July 1, 1990, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1990, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. Except as otherwise provided in this subsection, any person becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334.
(c) All employer contributions, including employee contributions made on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated or otherwise available for the operation of the Georgia Hazardous Waste Management Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter."
Section 3. Any creditable service obtained prior to the effective date of this Act under the Employees' Retirement System of Georgia and under a local retirement or pension system by any person who is subject to the provisions of Code Section 47-2-292 of the Official Code of Georgia Annotated shall not be rescinded or forfeited as a result of the provisions of said Code Section 47-2-292 as it existed prior to the effective date of this Act, and such creditable service is ratified and confirmed.
Section 4. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Abernathy Y Adams
Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield

Y Benn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd
Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark,B

Y Clark,H Clark,L
Y Coleman Colwell
Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G N Davis,M
Dixon,H
Y Dixon,S Y Dobbs
Dover YDunn Y Edwards

Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Greene
Gresham Y Griffin
Y Groover Y Hamilton
Y Hanner Y Harris
Hasty YHeard
Herbert

Y Holcomb Y Holland Y Holmes YHooks
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

FRIDAY, FEBRUARY 2, 1990

667

N Ls.wrence
Y Lawson Y Lee N Linder
Long Lord
Lucas N Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows YMilam

Y Mobley
Y Moody N Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Pettit Pinkston Y Poag

Y Porter
Y Poston
Y Powell y Randall
Y Ransom YRay
Reaves Redding
Y Richardson Y Ricketson Y Robinson
Royal
Selman Y Simpson
Sinkfield Y Smith,L Y Smith,P

Y Smith,T
Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley E Steele Y Stephens
Streat Y Teper Y Thomas,C
Y Thomas,M Y Thompson
Y Thurmond Y Titus N Tolbert

N Townsend Twiggs
Y Vaughan
Y Waddle Walker,C
Y Walker,L
Y Wall YWare Y Watson Y Watts Y White Y Wilder YWilliams,B E Williams,J N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 131, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 583. By Representatives Ray of the 98th and Walker of the 115th:
A resolution consenting to the annexation of certain state owned real property located in Peach County into the corporate limits of the City of Byron.

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
Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop
Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks

Y Childers Clark,B
Y Clark,H Clark,L
Y Coleman Colwell Connell
Y Couch Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H
Y Dixon,S
Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton
Fennel Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene 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
Irwin
Y 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 Y Lawson Y Lee
Linder Long Lord Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Y Patten Pettit Pinkston
y Poag
Y Porter Y Poston YPowell y Randall
Y Ransom YRay Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson
Royal
Selman Y Simpson
Y Sinkfield

On the adoption of the Resolution, the ayes were 137, nays 1.

Y Smith,L Y Smith,P Y Smith,T
Smith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley E Steele Y Stephens
Streat Y Teper
Thomas,C Thomas,M YThompson YThurmond
Y Titus Y Tolbert N Townsend
Twiggs Y Vanghan
Y Waddle Walker,C
Y Walker,L YWall YWare Y Watson
Y Watts Y White Y Wilder Y Williams,B E Williams,J Y Yates Y Yeargin
Murphy,Spkr

668

JOURNAL OF THE HOUSE,

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

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

HR 767. By Representatives Lupton of the 25th and Townsend of the 24th:
A resolution commending the community of Buckhead on 150 years of existence and inviting representatives of the Buckhead Business Association to appear before the House of Representatives.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, Monday morning.

MONDAY, FEBRUARY 5, 1990

669

Representative Hall, Atlanta, Georgia Monday, February 5, 1990

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

The roll was called and the following Representatives answered to their names:

Aaron Adams Aiken Allen Athon Atkins Bailey Baker Balkcom
Bannister
Barfoot Bargeron
Barnett,B Barnett,M Bates Beck Benefield
Benn Birdsong Bishop Bostick Branch Breedlove Brooks Buck Buford Campbell Carrell Carter Chambless
Chance

Cheeks Childers Clark,B Clark,H Clark,L Coleman Colwell Connell Couch Crawford Crosby
Cummings,B Davis,C Davis,G
Davis,M
Dixon,S
Dover Ehrhart Felton Fennel Floyd,J.M Floyd,J.W Foster Godbee Goodwin Greene Gresham Griffin
Groover
Hamilton Harris

Hasty Heard 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 Long Lord Lupton Mangum Martin McCoy McDonald McKelvey

McKinney,B McKinney,C
Meadows
Milam Mobley Moody Morton
Moultrie
Mueller Oliver,C Oliver,M Orr Padgett Par. nell Parham Parrish Pettit Poag Porter Poston Powell Randall Ransom Ray
Reaves Redding Richardson
Ricketson Robinson Royal Selman

Simpson Sinkfield Smith,L
Smith,P Smith,W
Snow Stancil,F Stancil,S Stanley
Steele Stephens Streat Teper Thomas,C Thomas,M Thurmond Titus Tolbert
Townsend Vaughan Waddle Ware Watson Wilder Williams,B Yates Yeargin Murphy,Spkr

Prayer was offered by the Reverend H. Dwight Bishop, Sr., Pastor, Brooklet/Hubert United Methodist Churches, Brooklet, Georgia.

Representative Bargeron of the 108th, 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.

670

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 1712. By Representative Heard of the 43rd:
A bill to amend an Act incorporating Peachtree City, so as to change the date of the municipal general election and provide for staggered two-year terms of office for the mayor and councilmen of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1713. By Representative Crawford of the 5th:
A bill to repeal an Act providing that in any county having a population of not less than 21,800 and not more than 22,000 according to the United States decennial census of 1980 or any future such census the salary of the county commissioner shall be the same as the sheriff of the county.
Referred to the Committee on State Planning & Community Affairs.

HB 1714. By Representative Crawford of the 5th:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Chattooga County Hospital Authority, so as to change the method of filling such vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1715. By Representative Crawford of the 5th:
A bill to amend an Act providing that the judge of the Probate Court of Chattooga County shall serve as chief magistrate of said county, so as to provide that as of a certain date the judge of the probate court shall no longer serve as chief magistrate; to provide for the initial appointment of the chief magistrate by the judges of the superior courts of the Lookout Mountain Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1716. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of commissioner of Chattooga County, so as to provide for the compensation of the commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1717. By Representative Stancil of the 66th:
A bill to amend an Act creating the office of tax commissioner of Morgan County, so as to change the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1718. By Representative Smith of the 156th:
A bill to provide for the appointment of the county school superintendent of Mcintosh County by the board of education of Mcintosh County; to provide that the current school superintendent shall serve out the term of office to which he was elected.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 5, 1990

671

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 1719. By Representatives Dobbs of the 74th, Twiggs of the 4th and Crawford of the 5th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs.
Referred to the Committee on Motor Vehicles.

HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00.
Referred to the Committee on State Planning & Community Affairs.

HB 1726. By Representatives Couch of the 36th, Martin of the 26th, Childers of the 15th, Smith of the 16th, McKelvey of the 15th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances under the Teachers Retirement System of Georgia, so as to provide that to the extent funds are appropriated therefor, grants may be made to local retirement systems paying benefits to retired teachers and their beneficiaries to grant benefit increases to offset wholly or partially the taxation of such benefits under Georgia income tax laws.
Referred to the Committee on Retirement.

HB 1728. By Representatives Poston of the 2nd, Holland of the 136th, Snow of the 1st and McCoy of the 1st:
A bill to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to required safety and security measures for municipal and county detention facilities, so as to provide that it shall be unlawful for any person having charge of or responsibility for any detention facility to incarcerate any person in the detention facility unless a full-time jailer or a dispatcher is on duty at the detention facility at all times while a person is incarcerated therein.
Referred to the Committee on State Institutions & Property.

HB 1729. By Representative Lucas of the 102nd:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary educational scholarships, loans, and grants, so as to provide for the establishment of Matthews-Dent scholarships.
Referred to the Committee on University System of Georgia.

672

JOURNAL OF THE HOUSE,

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

HB 1665 HB 1666 HB 1667 HB 1668 HB 1669 HB 1670 HB 1671 HB 1672 HB 1673 HB 1674 HB 1675 HB 1676 HB 1677 HB 1678 HB 1679 HB 1680 HB 1681 HB 1682 HB 1683 HB 1684 HB 1685 HB 1686 HB 1687 HB 1688 HB 1689 HB 1690 HB 1691 HB 1692 HB 1693 HB 1694 HB 1695 HB 1696 HB 1697 HB 1698 HB 1699

HB 1700 HB 1701 HB 1702 HB 1703 HB 1704 HB 1705 HB 1706 HB 1707 HB 1708 HB 1709 HB 1710 HB 1711 HR 734 HR 735 HR 761 HR 762 HR 763 HR 764 SB 525 SB 552 SB 555 SB 560 SB 572 SB 573 SB 579 SB 580
SB 593 SB 594 SB 595
SB 608 SB 613
SB 617 SB 620 SR 327

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1212 Do Pass, by Substitute HB 1520 Do Pass, by Substitute
Respectfully submitted,
Is/ Mangum of the 57th
Chairman

Representative Dover of the 11th District, Chairman of the Committee on Industrial Relations, submitted the following report:

MONDAY, FEBRUARY 5, 1990

673

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 1203 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the 11th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 692 Do Pass HB 1541 Do Pass
Respectfully submitted,
Is/ Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - 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 1648 Do Pass HB 1649 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 5, 1990

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:

HB 527 HB 1168 HB 1177 HB 1350 HB 1377

State Patrol; Mandatory Retirement; Waiver Wkrs. Comp.; Certain Injury or Death; Benefits Not Allowable Co. Bd. of Ed.; Funds for Collection of Unpaid School Taxes Bonds; Judgment of Forfeitures Null and Void; Certain Cases Controlled Substances and Dangerous Drugs; Amend List

674

JOURNAL OF THE HOUSE,

HB 1417 HB 1419 HB 1442 HB 1443 HB 1564

Transportation Board; Per Diem Amend Number of Days Colleges; President Serve as County/Municipal Deputy Registrar County Leadership Act; Provide Counties; Clerks Attend Training Seminar Hsg. Authorities; Security Personnel; Employment

HR 582 Luther S. Colbert Memorial Bridge; Designate HR 697 Graysville; Grant Easement

SB 455 Sheriffs' Retirement Fund; Membership SB 488 Children's Day; Observance

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 1648. By Representatives Mueller of the 126th, Hamilton of the 124th, Allen of the 127th, Kingston of the 125th and Dixon of the 128th:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, so as to provide that the chairman of the Board of Commissioners of Chatham County shall not serve more than two consecutive terms.

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

HB 1649. By Representatives Mueller of the 126th, Hamilton of the 124th, Allen of the 127th, Kingston of the 125th and Dixon of the 128th:
A bill to amend an Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that the Mayor shall not serve more than two consecutive terms.

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

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:

MONDAY, FEBRUARY 5, 1990

675

SB 243.

By Senators Stumbaugh of the 55th, Kidd of the 25th and Allgood of the 22nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive preservation of private enterprise with respect to government competition; to provide for legislative intent; to provide for definitions; to prohibit state agencies from instituting or carrying on any commercial activity to provide goods or services for its own use.

SB 427. By Senator Shumake of the 39th:
A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to provide that conviction of a first offense of hazing is punishable by a fine of $1,000.00; to provide that a conviction of a second offense is a felony; to provide a felony penalty if a person dies as a result of hazing.

SB 460. By Senator Broun of the 46th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to remove the Secretary of State from membership on the authority; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreational facilities, so as to remove the Secretary of State from membership on the governing bodies of certain associations and authorities.

SB 471. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation proceedings before a special master, so as to change the definition of the term "condemning body" or "condemnor"; to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, known as the "Downtown Development Authorities Law," so as to authorize downtown development authorities to exercise the power of eminent domain under certain limited circumstances.

SB 529. By Senator Harris of the 27th:
A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale and storage of liquefied petroleum gas, so as to change provisions relating to storage facilities required to be maintained by persons, firms, and corporations licensed to sell or distribute liquefied petroleum gas.

SB 537. By Senator Johnson of the 47th:
A bill to amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to change the provisions relating to alien corporations acquiring of record any real property; to change the provisions relating to annual registrations of alien corporations and the filing and contents thereof.

SB 544. By Senators Land of the 16th and Parker of the 15th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful for any person knowingly to manufacture, sell, distribute, or possess a counterfeit or false proof of insurance document; to define a certain term; to specify which proof of insurance documents shall be deemed counterfeit or false; to provide penalties; to provide an effective date.

676

JOURNAL OF THE HOUSE,

SB 548. By Senator Kidd of the 25th:
A bill to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit; to provide for the initial and subsequent elections of such judge; to provide for terms of office; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit.

SB 564. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to add executor, administrator, or heirs and assigns of the mortgagor to the list of those persons who may execute a cancellation of a mortgage; to remove an incorrect reference within the provision relating to cancellation of mortgages.

SB 586. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, so as to provide that a protective order issued to prevent disclosure of materials or information related to a personal injury action or action for wrongful death produced in discovery in any cause shall not prohibit an attorney from voluntarily sharing such materials or information with another attorney.

SB 588. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions for state examining boards, so as to provide for confidentiality of examination questions and other examination materials; to clarify certain provisions relating to subpoenas; to modify the venue provisions for cease and desist orders; to provide an effective date.

SB 651. By Senator Dawkins of the 45th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for definitions.

SB 652. By Senator Dawkins of the 45th:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Waste Management Authority Act," so as to provide for additional members of such authority; to provide for appointment, qualifications, quorums, and terms of office; to provide that the promotion of certain waste minimization shall be a purpose of such authority; to provide for an effective date.

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.

MONDAY, FEBRUARY 5, 1990

677

HB 1290. By Representative Oliver of the 12lst:
A bill to amend an Act to create a new charter for the City of Reidsville, so as to remove certain limitations regarding the eligibility of the mayor to serve more than two successive terms of office.

HB 1399. By Representative Floyd of the 135th:
A bill to amend an Act providing for the purposes of the Cordele Office Building Authority, so as to change such purposes.

HB 1485. By Representative Greene of the 130th:
A bill to provide that the governing authority of Stewart County shall continue to be the commissioner of Stewart County; to provide for elections and terms of that commissioner.

HB 1494. By Representative Greene of the 130th:
A bill to create a board of elections and registration for Stewart County and provide for the composition of the board and the appointment, qualification, and term of its members.

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

HR 751. By Representative Brooks of the 34th: A resolution declaring Saturday, March 10, 1990, to be Harriet Tubman Day.

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

HB 1180. By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".

The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 262. By Senators Bowen of the 13th and Timmons of the 11th:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Division of the Department of Public Safety, so as to change certain qualifications.

SB 517. By Senators English of the 21st, Echols of the 6th and Ragan of the lOth:
A bill to amend Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and control of disease in livestock, so as to provide that it shall be the duty of all state, county, municipal, and other law enforcement officers to enforce and assist in enforcement of the provisions of such chapter.

678

JOURNAL OF THE HOUSE,

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

SR 283. By Senators Stumbaugh of the 55th and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amendments tolthe Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection.

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

SB 243. By Senators Stumbaugh of the 55th, Kidd of the 25th and Allgood of the 22nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive preservation of private enterprise with respect to government competition; to provide for legislative intent; to provide for definitions; to prohibit state agencies from instituting or carrying on any commercial activity to provide goods or services for its own use.
Referred to the Committee on Industry.

SB 427. By Senator Shumake of the 39th:
A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to provide that conviction of a first offense of hazing is punishable by a fine of $1,000.00; to provide that a conviction of a second offense is a felony; to provide a felony penalty if a person dies as a result of hazing.
Referred to the Committee on Judiciary.

SB 460. By Senator Broun of the 46th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to remove the Secretary of State from membership on the authority; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreational facilities, so as to remove the Secretary of State from membership on the governing bodies of certain associations and authorities.
Referred to the Committee on State Planning & Community Affairs.

SB 471. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation proceedings before a special master, so as to change the definition of the term "condemning body" or "condemnor"; to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, known as the "Downtown Development Authorities Law," so as to authorize downtown development authorities to exercise the power of eminent domain under certain limited circumstances.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 5, 1990

679

SB 529. By Senator Harris of the 27th:
A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale and storage of liquefied petroleum gas, so as to change provisions relating to storage facilities required to be maintained by persons, firms, and corporations licensed to sell or distribute liquefied petroleum gas.
Referred to the Committee on Industry.

SB 537. By Senator Johnson of the 47th:
A bill to amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to change the provisions relating to alien corporations acquiring of record any real property; to change the provisions relating to annual registrations of alien corporations and the filing and contents thereof.
Referred to the Committee on Judiciary.

SB 544. By Senators Land of the 16th and Parker of the 15th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful for any person knowingly to manufacture, sell, distribute, or possess a counterfeit or false proof of insurance document; to define a certain term; to specify which proof of insurance documents shall be deemed counterfeit or false; to provide penalties; to provide an effective date.
Referred to the Committee on Judiciary.

SB 548. By Senator Kidd of the 25th:
A bill to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit; to provide for the initial and subsequent elections of such judge; to provide for terms of office; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit.
Referred to the Committee on Judiciary.

SB 564. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to add executor, administrator, or heirs and assigns of the mortgagor to the list of those persons who may execute a cancellation of a mortgage; to remove an incorrect reference within the provision relating to cancellation of mortgages.
Referred to the Committee on Special Judiciary.

SB 586. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, so as to provide that a protective order issued to prevent disclosure of materials or information related to a personal injury action or action for wrongful death produced in discovery in any cause shall not prohibit an attorney from voluntarily sharing such materials or information with another attorney.
Referred to the Committee on Judiciary.

680

JOURNAL OF THE HOUSE,

SB 588. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions for state examining boards, so as to provide for confidentiality of examination questions and other examination materials; to clarify certain provisions relating to subpoenas; to modify the venue provisions for cease and desist orders; to provide an effective date.
Referred to the Committee on Judiciary.

SB 651. By Senator Dawkins of the 45th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for definitions.
Referred to the Committee on Natural Resources & Environment.

SB 652. By Senator Dawkins of the 45th:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Waste Management Authority Act," so as to provide for additional members of such authority; to provide for appointment, qualifications, quorums, and terms of office; to provide that the promotion of certain waste minimization shall be a purpose of such authority; to provide for an effective date.
Referred to the Committee on Natural Resources & Environment.

SR 283. By Senators Stumbaugh of the 55th and Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amendments to the Constitution; to provide procedures and restrictions connected therewith; to provide exceptions; to provide that the provisions shall be self-executing; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Judiciary.
Representative Hamilton of the 124th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 149. By Representatives Hamilton of the 124th, Clark of the 20th and White of the 132nd:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the provisions relating to compulsory attendance; to change the maximum age at which a child is required to be enrolled in a public school, private school, or home study program.

On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy N Adams

Y Aiken Y Alford Y Allen

Y Athon Y Atkins Y Bailey

Y Baker Balkcom
N Bannister

N Barfoot Y Bargeron N Barnett,B

MONDAY, FEBRUARY 5, 1990

681

N Barnett,M Y Bates N Beck Y Benefield
Benn Y Birdsong Y Bishop N Bostick
Branch N Breedlove
Brooks
Brown Y Buck
Buford N Byrd Y Campbell
Carrell Carter Chambless YChance Y Cheeks N Childers N Clark,B Y Clark,H N Clark,L Y Coleman Y Colwell
Y Connell N Couch N Crawford Y Crosby Y Cummings,B
Cummings,M

N Davis,C
Y Davis,G Y Davis,M
Dixon,H
Y Dixon,S Dobbs
Dover Dunn Edwards YEhrhart Felton N Fennel N Floyd,J.M Y Floyd,J.W N Foster N Godbee Y Goodwin
Green
N Greene N Gresham N Griffin N Groover Y Hamilton N Hanner N Harris Y Hasty Y Heard N Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren

N Hudson N Irwin Y Isakson
Jackson,J Y Jackson,W
Jamieson N Jenkins
Y Johnson N Jones N Kilgore Y Kingston N Lane,D N Lane,R
Langford
Y Lawrence Y Lawson Y Lee
Linder N Long
Lord N Lucas Y Lupton Y Mangum N Martin N McCoy N McDonald N McKelvey
McKinney,B Y McKinney,C
Meadows N Milam N Mobley N Moody

Y Morton N Moultrie
Mueller
N Oliver,C Y Oliver,M N Orr
Orrock Y Padgett Y Pannell
Parham Parrish N Patten Y Pettit Y Pinkston N Poag
Y Porter Y Poston N Powell y Randall Y Ransom NRay N Reaves y Redding
Richardson N Ricketson Y Robinson N Royal
Selman N Simpson Y Sinkfield
Smith,L N Smith,P
Smith,T

Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Stanley Y Steele
Stephens Streat Y Teper NThomas,C YThomas,M Thompson Thurmond N Titus N Tolbert Y Townsend N Twiggs Y Vanghan N Waddle Walker,C N Walker,L
Wall NWare N Watson
Watts White Wilder Y Williams,B YWilliams,J Yates N Yeargin Murphy,Spkr

On the motion, the ayes were 70, nays 63.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HR 582. By Representatives Isakson of the 21st, Campbell of the 23rd, Felton of the 22nd, Murphy of the 18th, Barnett of the 59th and others:
A resolution designating the Luther S. Colbert Memorial Bridge.

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

Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford Y Allen
Athon Y Atkins
Bailey Y Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates

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

Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby
Cummings,B Cummings,M
Y Davis,C Davis,G
Y Davis,M

Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn
Edwards YEhrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham

Y Griffin
Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J

682

JOURNAL OF THE HOUSE,

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
Y Lord Y Lucas Y Lupton
Mangum

Y Martin
Y McCoy
Y McDonald Y McKelvey
McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley
Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Orrock
Y Padgett
Y Pannell

YParbam
Y Parrish
Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Y Resves Y Redding Y Richardson Y Ricketson Y Robinson y Royal
Y Selman

Y Simpson Y Sinkfield Y Smitb,L
Y Smitb,P E Smitb,T YSmith,W
Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M
Thompson YThurmond

Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan YWaddle Y Walker,C Y Walker,L YWall YWare Y Wataon Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Due to mechanical malfunction, the vote of Representative Thompson of the 20th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1417.

By Representatives Kilgore of the 42nd, Godbee of the 110th and Birdsong of the 104th:
A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so as to provide changes in the number of days for which per diem is allowed for members of the State Transportation Board.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so as to provide changes in the number of days for which per diem is allowed for members of the State Transportation 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. Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the State Transportation Board, is amended by striking in its entirety subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) The members of the board shall receive no salary but shall receive the sttm 6f $44:00 pet' diem for each day of actual attendance at meetings of the board and the
committee and meetings the ~ diem and transportation costs prescribed !!! Code Sec-
tion 45-7-21. ~ like sum shall be paid for each day actually spent in studying the road needs of the various counties within their respective districts except that no member shall receive compensation for road study when the number of study days exceeds ffltH'
times the ftl:tfftbel" 6f etltlftiies wiihifl his distriet 60 !!! the memher's district !!! ~ one
calendar year. In addition, they shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and expense shall be paid from funds appropriated to the department upon presentation, by members of the board, of vouchers approved by the chairman and signed by the secretary."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

MONDAY, FEBRUARY 5, 1990

683

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 Allen Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks
Brown
Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

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

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

McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley
Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom Ray
Y Reaves y Redding
Y Richardson Y Ricketson
Y Robinson y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
ESmith,T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert
Y Townsend y Twiggs
Y Vaughan Waddle
Y Walker,C Walker,L
YWall Ware
Y Watson
Watts White Wilder
YWilliams,B Y Williams,J Y Yatea 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.

Due to a possible conflict of interest, Representative Gresham of the 21st was excused from voting on HB 1417.

HB 1564. By Representatives Davis of the 29th, Clark of the 55th, Randall of the 101st, McKinney of the 35th, Thomas of the 31st and others:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, so as to authorize certain housing authorities to employ security personnel, to be known as housing authority police.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1564 by striking on line 20 of page 1 the following language:

684

JOURNAL OF THE HOUSE,

"10,000", and inserting in lieu thereof the following:
"1,500".

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 Allen
Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates
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 Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch 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
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin
Green Y Greene
Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner

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

Y McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Pettit Y Pinkston N Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson
Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

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

On the passage of the Bill, as amended, the ayes were 158, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

HR 768. By Representatives Buck of the 95th and Lee of the 72nd:
A resolution commending Dr. John Michael Palms, president of Georgia State University and inviting him to appear before the House of Representatives.

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

Mr. Speaker:

MONDAY, FEBRUARY 5, 1990

685

Your Committee on Rules has had under consideration the following Resolution of the House and has instructep me to report the same back to the House with the following recommendation:
HR 768 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

HR 768. By Representatives Buck of the 95th and Lee of the 72nd:
A resolution commending Dr. John Michael Palms, president of Georgia State University and inviting him to appear before the House of Representatives.

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

HB 1168. By Representatives Ware of the 77th, Lawson of the 9th, Griffin of the 6th, Brown of the 88th, Dunn of the 73rd and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that compensation shall not be allowed for an injury or death due to being under the influence of marijuana or a controlled substance.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that compensation shall not be allowed for an injury or death due to being under the influence of marijuana or a controlled substance; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, is amended by striking Code Section 34-9-17, relating to grounds for the denial of workers' compensation benefits, and inserting in lieu thereof a new Code Section 34-9-17 to read as follows:
"34-9-17. No compensation shall be allowed for an injury or death due to the employee's willful misconduct, including intentionally self-inflicted injury, or growing out of his attempt to injure another1 or due to intoxication Qy alcohol Q! being under
the influence Qf marijuana Q! !! controlled substance, except ~ ~ have been lawfully prescribed Qy !! physician for such employee and taken !!! accordance with such prescrip-
tion, or willful failure or refusal to use a safety appliance or perform a duty required by statute1 or the willful breach of any rule or regulation adopted by the employer and approved by the board, of which rule or regulation the employee has knowledge prior to the accident. The burden of proof shall be upon the party who claims an exemption or forfeiture under this Code section."

686

JOURNAL OF THE HOUSE,

Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Griffin of the 6th and Foster of the 6th move to amend the Committee substitute to HB 1168 as follows:
By inserting on Line 6 Page 1 between "substance;" and "to" the words "to eliminate the necessity of board approval of safety rules or regulations;"
By striking on Line 26 Page 1 the words "and approved by the board".

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

N Aaron N Abernathy Y Adams Y Aiken Y Alford Y Allen
Y Athon Y Atkins Y Bailey N Baker N Balkcom Y Bannister
Y Barfoot Y Bargeron N Barnett,B Y Barnett,M N Batea N Beck Y Benefield
Benn Birdsong N Bishop
Bostick Y Branch Y Breedlove N Brooks
Brown Buck N Buford Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

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

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

N McKinney,B
N McKinney,C
Y Meadows N Milam Y Mobley
Moody
Y Morton N Moultrie Y Mueller Y Oliver,C N Oliver,M
N Orr Orrock
Y Padgett N Pannell YParharn Y Parrish N Patten
Pettit Y Pinkston Y Poag
Y Porter N Poston Y Powell
N Randall Y Ransom
YRay N Reaves
Redding N Richardson Y Ricketson Y Robinson N Royal
Selman Y Simpeon
Sinkfield

On the adoption of the amendment, the ayes were 96, nays 59. The amendment was adopted.

Y Smith,L
Y Smith,P E Smith,T Y Smith,W
Smyre Y Snow
Y Stsncil,F Y Stsncil,S N Stsnley Y Steele Y Stephens Y Streat
N Teper N Thomas,C
Thomas,M Y Thompson NThurmond Y Titus N Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle N Walker,C Y Walker,L NWall NWare Y Watson
Watts N White
Y Wilder N Williams,B N Williams,J Y Yates N Yeargin
Murphy,Spkr

Representative Linder of the 44th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Committee substitute, as amended, was adopted.

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

MONDAY, FEBRUARY 5, 1990

687

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn
Birdsong Y Bishop
Bostick Y Branch Y Breedlove
N Brooks
Brown Y Buck
Y Buford Y Byrd
Y Campbell Y Carrell
Y Carter Chambless
Y Chance Y Cheeks

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

YHarris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks 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 y Loug
Y Lord Y Lucas Y Lupton y Mangum
N Martin Y McCoy Y McDonald Y McKelvey

N McKinney,B N McKinney,C
Y Meadows Y Milam Y Mobley
Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C YOiiver,M Y Orr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston YPowell y Randall
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 E Smith,T YSmith,W
Smyre
YSnow Y Stancil,F Y Stancil,S N Stanley Y Steele Y Stephens Y Streat N Teper YThomas,C NThomas,M Y Thompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson
Watts N White Y Wilder Y Williams,B Y Williama,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Groover of the 99th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1168.

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

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

SB 488. By Senator Foster of the 50th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide for the observance of "Children's Day" in Georgia; to provide an effective date.

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

Y Aaron Y Abernathy Y Adams

Y Aiken Y Alford Y Allen

Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron
Y Barnett,B

688

JOURNAL OF THE HOUSE,

Y Barnett,M N Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks
Brown Y Buck Y Buford
Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman YColwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M

Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S
Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E Green Y Greene Y Gresham YGriffin Y Groover
Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren

Y Hudaon 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
Lord 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

Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall Y Ranaom YRay
Reaves y Redding Y Richardson Y Ricketson
Y Robinson y Royal y Selman Y Simpson
Y Sinkfield Y Smith,L Y Smith,P E Smith,T

Smith,W Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C YThomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L YWall YWare Y Wataon E Watta y White
Wilder YWilliams,B Y Williama,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1377.

By Representatives Parham of the 105th, Twiggs of the 4th, Atkins of the 21st and Parrish of the 109th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled substances and dangerous drugs.

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

Y Aaron Abernathy
Y Adams Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop

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

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
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin E Green

Y Greene
Y Gresham Y Griffin
Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty YHeard Y Herbert Y Holcomb Y Holland
Hoboes YHooks Y Howren Y Hudaon Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins

Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford
Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy
Y McDonald Y McKelvey Y McKinney,B
McKinney,C

MONDAY, FEBRUARY 5, 1990

689

Y Meadows
YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett
Y Pannell Y Parham

Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell y Randall
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 E Smith,T YSmith,W
Smyre YSnow Y Stancil,F Y Stancil,S

Y Stanley Y Steele Y Stephens Y Streat 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 YWare Y Watson E Watts Y White
Wilder Y Williarns,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

Representative Davis of the 29th moved that the following Bill of the House be immediately transmitted to the Senate:

HB 1564.

By Representatives Davis of the 29th, Clark of the 55th, Randall of the lOlst, McKinney of the 35th, Thomas of the 31st and others:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, so as to authorize certain housing authorities to employ security personnel, to be known as housing authority police.

Representative Redding of the 50th objected.

On the motion, the roll call was ordered and the vote was as follows:

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

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell N Couch Y Crawford N Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M N Dixon,H
Y Dixon,S Y Dobha Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E Green Y Greene
Y Gresham Y Griffin Y Groover
Hamilton Hanner

N 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 Y Jamieson Y Jenkins Y Johnson Y Jones N Kilgore Y Kingston Y Lane,D Y Lane,R
Langford
Y Lawrence
Y Lawson Y Lee Y Linder Y Long
Lord Y Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey

N McKinney,B
Y McKinney,C Y Meadows YMilam Y Mobley N Moody
Y Morton Y Moultrie Y Mueller
Oliver,C Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten
Y Pettit Pinkston
YPoag Y Porter Y Poston Y Powell 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 E Smith,T Y Smith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat N Teper Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan
Waddle Walker,C
Y Walker,L Y Wall YWare N Watson E Watts Y White
Y Wilder
Y Williams,B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

690

JOURNAL OF THE HOUSE,

On the motion, the ayes were 136, nays 10. The motion prevailed.

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

HB 1177.

By Representative Barnett of the lOth:
A bill to amend Code Section 48-5-298 of the Official Code of Georgia Annotated, relating to the employment of persons assisting the county board of tax assessors, so as to authorize the county board of education to expend funds to assist in paying the expenses incurred in discovering unreturned properties for the purpose of collecting unpaid county school taxes.

The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-5-298 of the Official Code of Georgia Annotated, relating to the employment of persons assisting the county board of tax assessors, so as to authorize a county or independent board of education to expend funds to assist in paying the expenses incurred in discovering unreturned properties for the purpose of collecting unpaid school taxes; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-298 of the Official Code of Georgia Annotated, relating to the employment of persons assisting the county board of tax assessors, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) The expenses of employees engaged and work performed pursuant to this Code section shall be paid, subject to the contracts and after approval by the county govern-
ing authority, out of county funds as a part of the expenses of the board. A county (}! independent board Qf education ~ expend funds !Q assist .\!! ~ the expenses incurred .\!! discovering unreturned properties pursuant !Q this Code Section for the P!!!:_:: pose Qf collecting unpaid school taxes. The method Qf such expenditure ~ provided .\!!
this subsection and the amount thereof shall be within the discretion Qf the county (}! independent board Qf education."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford Y Allen
Athon Y Atkins Y Bailey
Baker Balkcom Y Bannister

Y Barfoot
Y Bargeron
Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M

Y Davis,C Davis,G
Y Davis,M Dixon,H
Dixon,S y Dobbs
Y Dover Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel

MONDAY, FEBRUARY 5, 1990

691

Y Floyd,J.M Y Floyd,J.W Y Foster Y GOdbee Y Goodwin E Green Y Greene Y Gresham Y Griffin
Y Groover 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
Lord 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 N Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell

y Randall
Y Ransom YRay
Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal Y Selman Y Simpson
Y Sinkfield YSmith,L Y Smith,P ESmith,T Y Smith,W
Smyre YSnow Y Stancii,F Y Stancii,S Y Stanley Y Steele Y Stephens
Y Streat

Y Teper
YThomas,C Thomas,M
YThompson YThurmond Y Titus
Y Tolbert Y Townsend y Twiggs Y Vanghan
Waddle Walker,C Y Walker,L
Y Wall YWare Y Watson E Watts Y White
Wilder Y Williarns,B Y Williarns,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.

HB 1350. By Representative Randall of the 101st:
A bill to amend Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond forfeitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond forfeitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto; to provide for the payment of court costs and expenses; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, is amended by striking subsection (f) of said Code section and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) en In cases !!! which paragraph (3) 2f this subsection ~ not applicable, on appli-
cation filed within 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, 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 amount remitted to the surety if the surety locates the principal causing the return of the principal to the jurisdiction where the bond was made, apprehends, surrenders, or produces the principal, if the apprehension or surrender of the principal was substantially procured or

692

JOURNAL OF THE HOUSE,

caused by the surety, or if the location of the principal by the surety causes the adju-

dication of the principal in the jurisdiction in which the bond was made. 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, sur-

render, 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 princi-

pal in the jurisdiction where the bond was made the surety shall be entitled to a

refund of 50 percent of the bond payment; ftftd

(2) Remission shall be granted on the condition of the payment of court costs and

of the expenses of returning the principal to the jurisdiction by the surety, ; and

(3) If, within 90 days after judgment, the surety locates the principal causing the

return Qf the principal !_<> the jurisdiction where the bond was made; .Q! the principal

~ apprehended, surrendered, Q! produced and such apprehension, surrender, Q! P!:Q.::
duction was substantially procured Q! caused !!Y the surety; Q! if, within 90 ~ after

judgment, the location Qf the principal _Qy the surety causes the adjudication Qf the
principal i!! the jurisdiction i!! which the bond was made, the surety shall ~ court costs and the expenses Qf returning the principal 1<> the jurisdiction !!Y the surety but

shall not be required 1<> make payment on the judgment. Upon the payment Qf such
court costs and expenses and notification !!Y the surety Qf the person responsible for collection Qf fines and forfeitures i!! such court Qf such facts, the judgment shall be

null and void and such fact shall be entered on the records Qf the court."

-

Section 2. All laws a~d parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage or 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 N Aiken
Alford Y Allen Y Athon
Atkins Y Bailey Y Baker Y Balkcom N Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch
Y Breedlove Y Brooks
Brown
Y Buck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B N Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell
Y Couch 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 N Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E Green
Y Greene 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
Isakson Y Jackson,J Y 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 Lswson Y Lee
Linder Y 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 Morton Y Moultrie N Mueller Y Oliver,C
Oliver,M Y Orr
Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
N Ransom YRsy Y Reaves
Reddiug Y Richardson
Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
E Smith,T Smith,W
Y Smyre Y Snow Y Stancil,F N Stancil,S Y Stanley
Y Steele Y Stephens
Y Streat Y Teper Y Thomas,C YThomas,M Y Thompson Y Thur:rond Y Titus
Y Tolbert Y Townsend y Twiggs
N Vaughan Y Waddle
Walker,C Y Walker,!. YWall
YWar Y Watson E Watts y White
Wilder Williams,B YWilliams,J
Y Yates Y Yeargin
Murphy,Spkr

MONDAY, FEBRUARY 5, 1990

693

On the passage of the Bill, by substitute, the ayes were 143, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Isakson of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1419. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the president of every public or private college or university, or his designee, shall be a county deputy registrar or a municipal deputy registrar; to provide for 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 roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon
Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E 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
Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee
Y Linder Y 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 Morton Y Moultrie
Mueller Y Oliver,C
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 Randall Y Ransom y Ray
Reaves Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield

Y Smith,L
Y Smith,P E Smith,T
Smitb,W Y Smyre Y Snow
Y Stsncil,F Y Stsncil,S Y Stsnley
Y Steele Y Stephens
Streat 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 YWaU Y Ware Y Watson E 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 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

694

JOURNAL OF THE HOUSE,

HB 1442. By Representative Walker of the 115th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add a new Chapter 20 to he entitled the "Georgia County Leadership 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 roll call was ordered and the vote was as follows:

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

Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E Green Y Greene Y Gresham YGriffin 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
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson YLee Y Linder Y Long
Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C
Y Meadows YMilam Y Mobley N Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinkston y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson y Royal
YSelman
Simpson Y Sinkfield

Y Smith,L
Y Smith,P ESmith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancii,S Y Stanley
Y Steele Y Stephens
Y Streat Y Teper
Thomas,C Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L
Y Wall YWare Y Watson
E Watts White
Y Wilder YWilliams,B
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.

HB 1443.

By Representative Walker of the 115th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to provide that the clerks of the county governing authority shall attend and complete a training seminar; to provide that the county governing authority shall pay the fees of the seminar.

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

Aaron Y Abernathy Y Adams

Y Aiken Y Alford
Allen

Y Athon
Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

MONDAY, FEBRUARY 5, 1990

695

Y Barnett,M
Y Bates y Beck
Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Brooks Brown
Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks
Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M

Y Davis,C Y Davis,G
Y Davis,M YDixon,H Y Dixon,S Y Dobba Y Dover
Dunn
Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster
Y Godbee Y Goodwin E 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
YHooks Y Howren

Y Hudson Ylrwin Y Isakson
Y Jackson,J Y Jackson,W
Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Y Kingston
YLane,D YLane,R
Langford Y Lawrence Y Lawson YLee Y Linder Y Long
Lord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C
Meadows YMilam Y Mobley
Moody

Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
YRanaom YRay
Reaves y Redding Y Richardson Y Ricketson Y Robinson y Royal
Selman Simpson Y Sinkfield Y Smith,L Y Smith,P E Smith,T

YSmith,W Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens
Y Streat Y Teper
Thomas,C Thomas,M YThompson Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Vaughan Y Waddle
Walker,C
Y Walker,L Y Wall YWare Y Watson E Watts
White YWilder Y Williarns,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

HB 527. By Representatives Thomas of the 69th, Simpson of the 70th, Kilgore of the 42nd and Cummings of the 17th:
A bill to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits for officers, noncommissioned officers, and troopers of the Uniform Division of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation, so as to change the provisions relating to the waiver of the mandatory retirement age for certain members of the Uniform Division of the Department of Public Safety.

By unanimous consent, further consideration of HB 527 was postponed until tomorrow immediately following the period of unanimous consents.

SB 455. By Senators Timmons of the 11th and Pollard of the 24th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to application for membership in the fund; to increase the total payments necessary in order to claim certain prior service under certain conditions; to change the provisions relating to requirements for continued active membership in the fund.

By unanimous consent, further consideration of SB 455 was postponed until tomorrow immediately following the period of unanimous consents.

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

696

JOURNAL OF THE HOUSE,

HB 1678. By Representatives Ware of the 77th, Dunn of the 73rd, Lawson of the 9th, Groover of the 99th, Jones of the 71st and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for prepaid limited health care service organizations; to provide for a short title.

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 697. By Representative Poston of the 2nd:
A resolution authorizing the conveyance of certain state owned real property located in Graysville, Catoosa County, Georgia, and authorizing the granting of a nonexclusive easement over a portion of such property conveyed.

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 Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford
Byrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance
Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch 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
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E 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 YHooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Jolmson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson y Lee
Y Linder Y Long
Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody
Y Morton Moultrie
Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell
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 E Smith,T YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper
Thomas,C YThomas,M YThompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan YWaddle
Walker,C Y Walker,L Y Wall Y Ware Y Watson E Watta Y White Y Wilder YWilliams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 160, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

MONDAY, FEBRUARY 5, 1990

697

HB 1546. By Representatives Byrd of the 153rd and 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 delete references to certain campsite time-share programs and the requirements and procedures relating thereto; to delete references to instruments, statements, and time-share programs involving campsites.

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

HB 1180.

By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".

The following Senate amendment was read:

Amend HB 1180 by adding on line 4 of page 1 after the semicolon and before "to" the following:
"to change the provisions relating to the offense of failure to wear a safety belt;".
By adding between lines 18 and 19 of page 1 a new Section 2 to read as follows:
"Section 2. Said Code section is further amended by striking paragraph (2) of subsection (e) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
'(2) A person failing to comply with the requirements of subsection (b) of this Code section who is also charged with violating GOOe Seetm 40 6 181, GOOe Seetm 40 6 186, f)6de Seetm 40 6 271, GOOe Seetm 40 6 390, GOOe Seetm 40 6 391, GOOe 8eetm 40 6 393, GOOe 8eetm 40 6 394, M GOOe Seetm 40 6 396 ~ other provision of this title shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00. The court imposing such fine shall not forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Safety."'
By redesignating Section 2 on line 19 of page 1 as Section 3.

Representative Lane of the 27th moved that the House disagree to the Senate amendment to HB 1180.
The motion prevailed.

HB 319. By Representatives Alford of the 57th, Connell of the 87th, Chambless of the 133rd, Porter of the 119th and Robinson of the 96th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, so as to provide exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons providing workers' compensation benefits.

The following Senate amendment was read:

698

JOURNAL OF THE HOUSE,

Amend HB 319 by striking line 8 of page 1 in its entirety and inserting in lieu thereof the following:
"professionals and certain employees of such professionals among those excepted from action; to provide conditions; to provide a".
By striking lines 14 and 15 of page 2 in their entirety and inserting in lieu thereof the following:
"professional services on the construction site on which the employee was working when injured,".
By striking on line 21 of page 2 the word "physical" and inserting in lieu thereof the word "tortious".
By striking on line 24 of page 2 the word "project" and inserting in lieu thereof the word "site".

Representative Alford of the 57th moved that the House agree to the Senate amendment to HB 319.
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 Allen Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M
Y Bates y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford
Byrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Clark,H
Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H Y Di:r.on,S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Godbee Y Goodwin E Green
Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner

Y Harris Y Hasty
Heard Herbert Y Holcomb Y Holland Y Holmes YHooks 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 y Lee
Y Linder YLong
Lord Lucas Y Lupton
Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

On the motion, the ayes were 144, nays 0. The motion prevailed.

McKinney,B
McKinney,C
Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie
Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten
Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell
Randall Y Ransom YRay Y Reaves y Redding Y Richardson
Ricketson
Robinson y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P E Smith,T Y Smith,W
Smyre Y Snow Y Stancil,F Y Stancii,S
Stanley Steele Y Stephens Y Streat Y Teper Thomas,C YThomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall YWare Y Watson E Watts Y White Y Wilder
Williarns,B Williams,J Y Yates Y Yeargin Murphy,Spkr

Representatives Heard of the 43rd, Lucas of the 102nd, Stanley of the 33rd and Steele of the 97th 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.

MONDAY, FEBRUARY 5, 1990

699

HB 10. By Representative Groover of the 99th:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to judicial assistance to the courts of this state by judges and magistrates of other courts, so as to provide that retired judges or judges emeritus of the state courts shall receive compensation and reimbursement of expenses while rendering judicial assistance to any court.

The following Senate amendment was read:

Amend HB 10 by striking on page 1, line 26 and page 2, line 21 the numbers "47-8-64" and substituting in lieu thereof "15-1-9.2".

Representative Groover of the 99th moved that the House agree to the Senate amendment to HB 10.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams N Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Y Chambless YCbance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch 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 Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Godbee Y Goodwin E Green Y Greene Y Gresham Y Griffin
Y Groover Hamilton
Y Hanner

Y Harris YHasty
Y Heard Herbert
Y Holcomb Y Holland Y Holmes YHooks Y Howren
Y Hudson Y Irwin
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 Y Long
Lord
Lucas Y Lupton y Mangum y Martin
Y McCoy
Y McDonald Y McKelvey

On the motion, the ayes were 151, nays 2. The motion prevailed.

McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock
Y Padgett Y Pannell YParharn Y Parrish Y Patten
Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Reaves y Redding
Y Richardson Y Ricketson
Robinaon y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P E Smith,T YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C
Thomas,M YThompson
Thurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vanghan
Y Waddle Walker,C
Y Walker,L
Y Wall YWare Y Watson E Watta y White
N Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

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.

700

JOURNAL OF THE HOUSE,

HB 686. By Representatives Watson of the 114th, Dunn of the 73rd, Snow of the 1st, Connell of the 87th, Oliver of the 53rd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide restrictions upon requirements imposed by workers' compensation insurance, self-insurance, and group self-insurance, relating to obtaining pharmacy services from outof-state mail order pharmacies.

The following Senate amendment was read:

Amend HB 686 by striking on line 16 of page 1, on line 19 of page 1, and on line 7 of page 2 the following;
"1989",
and inserting in its place the following:
"1990".

Representative Watson of the 114th moved that the House agree to the Senate amendment to HB 686.
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 Allen
Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Bamett,B Y Bamett,M Y Bates y Beck
Y Benefield Benn Birdsong
Y Bishop
Y Bostick Y Branch
Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch 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 Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E 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 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
Y Lord Y Lucas Y Lupton Y Mangum YMartin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock
Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston y Poag
Porter Y Poston Y Powell
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 E Smith,T
YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens Y Streat Y Teper YThomas,C Y Thomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall YWare
Y Watson E Watts y White
Y Wilder YWilliams,B Y Williams,J Y Yates y Yeargin
Murphy,Spkr

On the motion, the ayes were 155, nays 0. The motion prevailed.

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

MONDAY, FEBRUARY 5, 1990

701

HR 769. By Representatives Pinkston of the 100th, Lucas of the 102nd and Groover of the 99th:
A resolution commending the Honorable Lee Robinson, Ms. Carolyn Crayton, Ms. Virginia Elder, Mr. Albert P. Barry, and Mr. Larry Brown and inviting them to appear before the House of Representatives.

HR 770. By Representatives Pinkston of the 100th, Lucas of the 102nd and Groover of the 99th:
A resolution commending Ms. Andrea Lee Bottoms and inviting her to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 771. By Representatives Godbee of the llOth and Clark of the 13th:
A resolution commending the "Kids Helping Kids" project of the Faithful Bible Investigators Club of Millen Baptist Church.

HR 772. By Representative Barnett of the lOth: A resolution commending the Forsyth County Optimists Club.

HR 773. By Representatives Buck of the 95th, Lee of the 72nd, Parrish of the 109th and Campbell of the 23rd:
A resolution commending the Atlanta Athletic Club.

HR 774. By Representatives Dover of the 11th, Murphy of the 18th, Lee of the 72nd and Walker of the 115th:
A resolution commending Colonel Edward R. Katz.

HR 775. By Representatives Connell of the 87th, Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Jackson of the 83rd and others:
A resolution commending John Pierce Blanchard, Sr.

Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1571 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman

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

Mr. Speaker:

702

JOURNAL OF THE HOUSE,

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 rec-

ommendation: '

bo HB 1441

Pass, by Substitute

Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 597 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman

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

Mr. Speaker:

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

HB 502 Do Pass, by Substitute HB 1340 Do Pass HB 1391 Do Pass, as Amended

HB 1567 Do Pass HB 1693 Do Pass, by Substitute

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

Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

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

HB 1560 Do Pass HB 1635 Do Pass SB 71 Do Pass

SB 72 Do Pass SB 76 Do Pass SB 79 Do Pass

Respectfully submitted, /s/ Cummings of the 17th
Chairman

MONDAY, FEBRUARY 5, 1990

703

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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1347 Do Pass, by Substitute HB 1525 Do Not Pass HB 1601 Do Pass

HB 1692 Do Pass SR 122 Do Pass

Respectfully submitted,
Is/ Lane of the 27th
Chairman

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 970 through 1027, who have registered in the Docket of Legislative Appearance as of February 2, 1990, 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 2nd day of February, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

/s/ Max Cleland Secretary of State

970. Joe D. Douglas, Jr. Hopewell/North Alpharetta Civic Association Sanity, Inc. 13175 Hopewell Road Alpharetta, Ga. 30201
971. Marion Ealy, Jr. Assn. of Transportation Managers of Atlanta Citizen London Taxi Drivers Assn. 431-A Flat Shoals Ave. S.E. Atlanta, Georgia 30316

972. Lillian M. Hall Lake Lanier Property Owners' Association Campaign for a Prosperous Georgia 2044 Riverwood Drive Gainesville, Ga. 30501
973. Lee Macaulay Operation Rescue Georgia Nurses for Life 2359 Windy Hill Road Suite 207D Marietta, Georgia 30067
974. Rick L. Grayson Operation Rescue Georgia Right To Life 2359 Windy Hill Road Suite 207D Marietta, Georgia 30067

704

JOURNAL OF THE HOUSE,

975. Tony Hightower Hightower and Associates Georgia Lottery Association Georgia Lottery Assn., Inc. 2720 Lochraven Court Suite 200 Snellville, Georgia 30278
976. Bob Waymer The Elloree Company 242 Boulevard, S.E. Atlanta, Georgia 30312
977. Danny Russell Huckaby Mothers Against Drunk Driving of Georgia 3711 North Point Drive Marietta, Georgia 30062
978. Kathleen Strickland Mothers Against Drunk Driving of Georgia 3711 Northpoint Drive Marietta, Georgia 30062
979. Void
980. J. M. Patterson Patterson Engineering, Inc. Suite 240 1400 Montreal Road Tucker, Georgia 30084
981. J. Mark Walker Citizen 2402 Chestnut Springs Trail Marietta, Georgia 30062
982. Martha Hutchins Ga. Environmental Project In Defense Of Our Communities 429 Moreland Ave., S.E. Atlanta, Georgia 30307
983. Beatrice Marie Adams Ga. Environmental Project 429 Moreland Ave., N.E. Atlanta, Georgia 30307
984. William C. Gouinlock Ga. Environmental Project 429 Moreland Ave., N.E. Atlanta, Georgia 30307
985. Barbara V. Prevost Citizen Georgia Right to Life 6787 Hembree Dr., S.W. Austell, Georgia 30001

986. KayWimpey Georgia Right to Life Citizen 510 Morningside Drive Marietta, Georgia 30060
987. Carolyn Garcia Citizen Georgia Right to Life 407 St. Albans Court Mableton, Georgia 30059
988. Suzanne M. Justus Citizen Georgia Right to Life 3402 Shawnee Tr. Smyrna, Georgia 30080
989. Rhonda M. Dulaney Georgia Right to Life Citizen 4007 Stilesboro Way NW Kennesaw, Georgia 30144
990. Gloria Jean Mobley Georgia Right to Life Georgia Citizen 1110 Neva Drive Marietta, Georgia 30060
991. Elizabeth P. Vawter Citizen Georgia Right to Life 2619 Florence Road Powder Springs, Ga. 30073
992. Bette Marken Citizens for a Safer Georgia Rt. I, Box 50-C Milner, Georgia 30257
993. Rachel G. Black, R.D., L.D. Citizen 4771 Anneewakee Road Douglasville, Ga. 30135
994. Kevin S. King Management Financial Services, Inc. The A. L. Williams Corp. 3100 Breckinridge Blvd. Building 1200 Duluth, Georgia 30136
995. Laura G. Kuffrey Informed Health Care Assn. of Georgia American Massage Therapy Association 551 Hammond Drive Atlanta, Georgia 30328

MONDAY, FEBRUARY 5, 1990

705

996. Mark D. Caudill Sonat, Inc. P. 0. Box 2563 Birmingham, AL 35202

997. William M. Cargile Informed Health Care of Ga. 1675 Roswell Road, #628 Marietta, Georgia 30062

998. Mark Kick Health Food Industry Nuts and Berries 4568 Peachtree Road Atlanta, Georgia 30319

999. Diane P. Hopkins Business Council of Ga. 233 Peachtree Street, Ste 200 Atlanta, Georgia 30303

1000.

Rev. 0. J. Kinard Step Forward, Inc.
Affordable Housing Homeless Issues (S.F.I.) 20 Hilliard St., S.E. Atlanta, Georgia 30312

1001.

Eddie Suttles Georgia Green Party 40 Circle Creek Drive Stockbridge, Ga. 30281

1002.

Dollie E. Garner Citizen 3667 Midvale Road Tucker, Georgia 30084

1003.

Ted Lawrence Southern Bell 125 Perimeter Center West Suite 346 Atlanta, Georgia 30340

1004.

Anthony Mazyck, II Mazak Consultants, Inc. 2454-C Wesley Chapel Road Suite 222 Decatur, Georgia 30035

1005.

Mary McGuinnes Georgia Coalition for
Preventive Health Services for Women 2383 Akers Mill Road Atlanta, Georgia 30339

1006.

Mina J. Price Georgia Coalition for
Preventive Health Services for Women 3029 Bankers Industrial Dr. Doraville, Georgia 30360

1007.

Rita Evans Georgia Coalition for
Preventive Health Services for Women 285 Boulevard, N.E. Atlanta, Georgia 30135

1008.

Don Wix New Georgia, Inc. Citizen P. 0. Box 235 Mableton, Georgia 30059

1009.

James D. Engstrom United Way of Metro Atl. United Ways of Georgia 100 Edgewood Avenue P. 0. Box 2692 Atlanta, Georgia 30371

1010.

John H. Walker, Sr. Citizen P. 0. Box 613 Nahunta, Georgia 31566

1011.

Norris Callier, Jr. Amalgamated Transit
Union 732 501 Pulliam Street Suite 350 Atlanta, Georgia 30314

1012.

John P. Tucker, Jr. Georgia Rail Line
Preservation League Blue Ridge Concrete, Inc. Ga. Pro-Life Coalition Fannin County Board of
Commissioners 1800 Peachtree Road, N.W. #520 Atlanta, Georgia 30309

1013.

Julianne Givens Goecke Georgia Title Attorneys 788 Reckle Road Decatur, Georgia 30030

1014.

Susan Chapman Georgia Congress of
Parents and Teachers 409 Turner Bend Road, S.W. Rome, Georgia 30161

1015.

Virlyn Slaton Mortgage Bankers Assn.
of Georgia 975 Johnson Ferry Road Suite 450 Atlanta, Georgia 30342

706

JOURNAL OF THE HOUSE,

1016. 1017.
1018. 1019. 1020. 1021.

Stanley H. McCalla Mortgage Bankers Assn.
of Georgia 975 Johnson Ferry Road, N.E. Suite 450 Atlanta, Georgia 30342
Teresa Nelson Georgia Trial Lawyers
Association Grant Park Neighborhood
Association Citizen 41 Marietta Street, N.W. Suite 714 Atlanta, Georgia 30303
Robert B. Remar Georgia Psychological Assn. Georgia Consumer Center, In. 333 Carnegie Building Atlanta, Georgia 30303
George Buckner Georgia State Employee 432 Pinecrest Drive Columbus, Georgia 31907
Carrie Stempler Sandy Springs Chamber of
Commerce 7000 Peachtree Dunwoody Rd. Building 16, Suite 325 Atlanta, Georgia 30328
Helen Heard Save The Children 1340 Spring Street Atlanta, Georgia 30309

1022.

Fran Beall Georgia Nurses Assn. Citizen 1362 West Peachtree Atlanta, Georgia 30309

1023.

Steven Justice Citizen P. 0. Box 13 Atlanta, Georgia 30320

1024.

Marcus E. Sosebee, Jr. Young Harris College
Student Government Route 8, Box 8019 Blairsville, Ga. 30512

1025.

Tiphany L. Busby Young Harris College
Student Government P. 0. Box 663 Young Harris, Ga. 30582

1026 Randall E. Alberts Young Harris College Student Government P. 0. Box 481 Young Harris, Ga. 30582

1027.

Jeffrey Lee Williams Citizens Lobby for Kids R. L. Morton Elementary
Parent Teacher Assn. Georgia Credit Union Assn. 2400 Pleasant Hill Road Duluth, Georgia 30136

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 6, 1990

707

Representative Hall, Atlanta, Georgia Tuesday, February 6, 1990

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 Jim Martin, Pastor, First Baptist Church, Lithonia, Georgia.
Representative Bargeron of the 108th, 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:
I. 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 1721. By Representatives Twiggs of the 4th, Colwell of the 4th and Hasty of the 8th: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of certain terms used in such title; to change the provisions relating to the sale, purchase, or transportation of game fish generally.
Referred to the Committee on Game, Fish & Parks.
HB 1722. By Representatives Greene of the I30th, McDonald of the 12th and Pinkston of the IOOth: A bill to amend Code Section 7-1-601 of the Official Code of Georgia Annotated, relating to branch banks, so as to authorize a parent bank to establish a branch bank within an adjacent county if there is no bank currently operating in such county.
Referred to the Committee on Banks & Banking.

708

JOURNAL OF THE HOUSE,

HB 1723. By Representatives Greene of the 130th, Holcomb of the 72nd and Royal of the 144th:
A bill to amend Code Section 16-11-103 of the Official Code of Georgia Annotated, relating to the discharge of guns or pistols near public highways or streets, so as to prohibit the discharge of guns or pistols within a certain distance of schoolhouses.
Referred to the Committee on Public Safety.

HB 1724. By Representatives Davis of the 72nd and Jackson of the 9th:
A bill to amend Code Section 11-9-504 of the Official Code of Georgia Annotated, relating to a secured party's right to dispose of collateral after a default, so as to change the provisions regarding reasonable notice as they relate to disposition of motor vehicles held as collateral.
Referred to the Committee on Judiciary.

HB 1725. By Representatives Walker of the 85th, Ransom of the 90th and Padgett of the 86th:
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 change a definition; to provide that a motor vehicle must actually be in the physical possession of a pawnbroker before a fee may be charged.
Referred to the Committee on Special Judiciary.

HB 1727. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to repeal an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1730. By Representative Smith of the 78th:
A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to examination of county tax digests, so as to repeal certain provisions relating to the withholding of certain state grants upon the disapproval of certain subsequent tax digests.
Referred to the Committee on Ways & Means.

HB 1731. By Representatives Martin of the 26th and McKinney of the 35th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to revise commissioner districts for the election of certain members of the board of commissioners; to change the provisions relating to the election of the chairman and vice chairman.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1732. By Representatives Martin of the 26th and McKinney of the 35th:
A bill to repeal an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 6, 1990

709

HB 1733. By Representatives Cummings of the 134th, Brooks of the 34th, Allen of the 127th and McKinney of the 40th:
A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to requirements for revocation of a probated or suspended sentence, so as to provide that revocation proceedings shall be stayed until a plea of guilty is accepted or a conviction of the accused is obtained in the trial of the criminal act which is the cause of the probation revocation hearing.
Referred to the Committee on Special Judiciary.

HB 1734. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to provide for procedures for filling vacancies in the office of mayor or councilor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1735. By Representatives Thompson of the 20th and Howren of the 20th:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1736. By Representative Hudson of the 117th:
A bill to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board; to provide for the nonpartisan nomination and election of the members of the Board of Education of Pulaski County upon the expiration of regular terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1737. By Representative Hudson of the 117th:
A bill to amend an Act placing the sheriff of Pulaski County on an annual salary, so as to provide for deputies and other personnel and for operating expenses for the sheriffs office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1738. By Representative Pannell of the 122nd:
A bill to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to the distribution of the proceeds of the joint county and municipal sales and use tax, so as to provide circumstances under which the governing authorities of counties and qualified municipalities shall receive interest on the proceeds of the joint county and municipal sales and use tax.
Referred to the Committee on Ways & Means.

HB 1739. By Representative Buford of the 103rd:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals of traffic offenses, so as to provide that a 16 year old who commits a criminal traffic offense shall be tried as an adult in a court of competent jurisdiction.
Referred to the Committee on Judiciary.

710

JOURNAL OF THE HOUSE,

HB 1740. By Representative Randall of the 101st:
A bill to amend Code Section 43-18-8, relating to the termination date of the State Board of Funeral Service, so as to change the termination date to July 1, 1996.
Referred to the Committee on Health & Ecology.

HB 1741. By Representative Goodwin of the 63rd:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to prohibit the use of public funds, facilities, or employees to perform or assist in an abortion not necessary to save a woman's life or to encourage or counsel a woman to have an abortion not necessary to save her life.
Referred to the Committee on Judiciary.

HB 1742. By Representative Godbee of the llOth:
A bill to amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer.
Referred to the Committee on Health & Ecology.

HR 776. By Representative Childers of the 15th: A resolution compensating Mr. Hoyt L. Nelson.
Referred to the Committee on Appropriations.

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

HB 1756. By Representatives Smyre of the 92nd, Mangum of the 57th, Lawson of the 9th and Hooks of the 116th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to add a separate program weight for upper elementary grades; to provide for variations in the program weights; to change certain minimum expenditure requirements.
Referred to the Committee on Education.

HB 1757. By Representatives Pettit of the 19th, Watson of the 114th and Lee of the 72nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, licensing, and delivery of electronic data and electronic data media, equipment, supplies, products, and services containing or providing access to state information.
Referred to the Committee on Industry.

TUESDAY, FEBRUARY 6, 1990

711

HR 777. By Representatives Thomas of the 69th, Groover of the 99th, Walker of the 115th and Murphy of the 18th:
A resolution proposing an amendment to the Constitution so as to provide for suits against state officials and employees; to provide for the liability of state officials and employees for injuries and damages arising from their discharge of their official functions.
Referred to the Committee on Judiciary.

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

HB 1712 HB 1713 HB 1714 HB 1715 HB 1716 HB 1717 HB 1718 HB 1719 HB 1720 HB 1726 HB 1728 HB 1729 SB 243

SB 427 SB 460 SB 471 SB 529 SB 537 SB 544 SB 548 SB 564 SB 586 SB 588 SB 651 SB 652 SR 283

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1385 Do Pass, by Substitute HB 1309 Do Pass
Respectfully submitted,
Is/ Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - 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 1582 Do Pass HB 1668 Do Pass HB 1670 Do Pass HB 1684 Do Pass

HB 1687 Do Pass HB 1694 Do Pass HB 1634 Do Pass HB 1174 Do Pass

Respectfully submitted,
Is/ Lane of the 27th
Chairman

712

JOURNAL OF THE HOUSE,

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 796 Do Pass, by Substitute HB 1248 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 6, 1990

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:

HB 597 HB 1212 HB 1240 HB 1261 HB 1441 HB 1457 HB 1459 HB 1504 HB 1540 HB 1591 HB 1639

Hospital Care for Pregnant Women; Amend Provisions Teachers; On-The-Job Perf Test; Qualifications for Exemption Selling or Issuing Checks; License Exemptions Schools; Alcohol and Drug Course; Requirement Education; Contracts for Transportation of Pupils Human Resources; Rules; Grant Variances and Waivers Securities Act of 1973; Amend Mtr. Veh. Ins.; Certain Claims; Amend Time Limit Ad Valorem Tax; Annual Reports Containing Millage Rate State Election Board; Certain Rights; Amend Provisions Ga. Municipal Employees Benefit System; Name Change

HR 588 Emer. Management Rescue Specialists; Indemnification - CA

SB 121 Sheriffs' Retirement Fund; Single Life Annuity SB 455 Sheriffs' Retirement Fund; Membership (Postponed 2-6-90)

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 1174. By Representative Lane of the 27th:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for investment authority for such board and control of investments.

TUESDAY, FEBRUARY 6, 1990

713

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

HB 1582.

By Representatives Lupton of the 25th, Martin of the 26th, Townsend of the 24th, Benn of the 38th, McKinney of the 35th and others:
A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to revise certain costs and service fees charged by the clerk and marshal of said court.

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

HB 1634.

By Representatives Williams of the 48th, Linder of the 44th, Tolbert of the 58th, Lawrence of the 49th, Richardson of the 52nd and others:
A bill to provide for the determination of the millage rate by the governing authorities of DeKalb County and the DeKalb County School District; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of DeKalb County.

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

Representative Teper of the 46th stated that he wished to be recorded as voting "nay" on HB 1634.

HB 1668.

By Representative Reaves of the 147th:
A bill to provide for the compensation and expenses of the Board of Education of Brooks County.

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

HB 1670. By Representative Harris of the 84th: A bill to create a board of elections and registration for McDuffie County.

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

714

JOURNAL OF THE HOUSE,

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

HB 1684. By Representative Balkcom of the 140th:
A bill to amend an Act incorporating the City of Blakely, so as to change the corporate limits of said city.

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

HB 1687. By Representative Pettit of the 19th:
A bill to amend an Act creating a new charter for the City of Emerson, 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 1694. By Representatives Breedlove of the 60th, Lawson of the 9th, Wall of the 61st, Jackson of the 9th, Orr of the 9th and others:
A bill creating the board of commissioners of Gwinnett County, so as to require the board to prepare monthly and make available for public dissemination an itemized account of all funds expended for professional services.

The report of the Committee, which was favorable to the passage of the Bill, was 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 17. By Senators Kennedy of the 4th, Ray of the 19th and Dean of the 31st:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that there shall be no limit on the amount of unused sick leave which may be accumulated for the purpose of members of the Teachers Retirement System of Georgia obtaining creditable service under said retirement system for such unused sick leave.

TUESDAY, FEBRUARY 6, 1990

715

SB 439. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification of certain personnel, so as to change the requirements for renewable certificates and change the persons eligible for nonrenewable certificates.

SB 447. By Senator Kidd of the 25th:
A bill to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that the State Personnel Board shall adopt and promulgate a schedule of maximum fees for medical and surgical services and professional services provided in hospitals.

SB 484. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that at any time a delinquent or unruly child committed to the department becomes incorrigible and unmanageable, the department may petition the court of original jurisdiction to have such child transferred to the custody of the Department of Corrections.

SB 485. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide for evaluations of delinquent or unruly children committed to the department; to provide for the contents of such evaluations; to provide for reevaluations.

SB 551. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, so as to provide that, upon special written findings of fact, a superior court may order a defendant remanded into custody; to provide for psychiatric or psychological evaluations and reports related thereto; to provide for facilities.

SB 574. By Senator English of the 21st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to continue the Georgia Auctioneers Commission but provide for the later termination of the commission and the repeal of the laws relating thereto; to provide an effective date.

SB 598. By Senators Parker of the 15th and Land of the 16th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; to provide an effective date and for applicability.

716

JOURNAL OF THE HOUSE,

SB 639. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Elections Code," so as to provide that certain nomination petitions and petitions to qualify political bodies to nominate certain candidates by convention shall consist of cards each of which shall contain only one signature; to provide for information to be contained on such cards; to provide for procedures with respect to the foregoing.

SB 646. By Senator Johnson of the 47th:
A bill to amend an Act creating a new charter for the City of Hartwell, as amended, so as to change certain provisions relating to the expiration of a certain term of municipal office; to provide for the authority for this Act.

SB 647. By Senator McKenzie of the 14th:
A bill to provide a new charter for the City of Ellaville; 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 659. By Senators Olmstead of the 26th, Barker of the 18th and Harris of the 27th:
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 change certain provisions relating to the custodian of the pension fund; to change the qualifications of the custodian of the pension fund; to provide an effective date.

HB 1238.

By Representatives Allen of the 127th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd and.Dixon of the 128th:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the clerk of probate court.

HB 1400.

By Representative Birdsong of the 104th:
A bill to amend an Act placing the sheriff of Wilkinson County on an annual salary, so as to provide that sheriffs automobiles shall be replaced at 100,000 miles; to provide that automobiles with over 100,000 miles may be used on a part-time basis for nonpursuit purposes.

HB 1401. By Representative Birdsong of the 104th:
A bill to provide that residents of the City of lvey who are 60 years of age or over shall be granted a homestead exemption from ad valorem taxation by said city.

HB 1404.

By Representative Birdsong of the 104th:
A bill to amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Wilkinson County who is age 65 or older and who meets certain income qualifications, so as to increase the maximum amount of income a resident 65 or older may receive in order to be eligible to receive a certain homestead exemption.

TUESDAY, FEBRUARY 6, 1990

717

HB 1462. By Representative Moultrie of the 93rd:
A bill to provide a $4,000.00 homestead exemption from City of Shiloh ad valorem taxes for certain residents of that city.

HB 1483. By Representative Poag of the 3rd:
A bill to amend an Act creating the office of commissioner of Murray County, so as to create a five-person Board of Commissioners of Murray County to succeed to the powers and duties of the current board and to exercise other powers and duties.

HB 1529.

By Representatives Jamieson of the 11th and Dover of the 11th:
A bill to amend an Act continuing and re-creating the State Court of Stephens County, so as to change the compensation of the judge and solicitor of said court.

HR 639. By Representatives Walker of the 85th, Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Cheeks of the 89th and others:
A resolution re-creating the Augusta-Richmond County Commission on Disadvantaged Youth.

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

SR 304. By Senators Broun of the 46th, Parker of the 15th and Land of the 16th:
A resolution providing for the Georgia 1992 Commission and its composition and organization, terms, vacancies, compensation and allowances, authority, powers, duties, and abolition.

SR 363. By Senators Taylor of the 12th, Kidd of the 25th, Olmstead of the 26th and others:
A resolution creating the Joint Legislative Study Committee on Efficiency in State Government and providing for the powers and duties of such committee.

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

HB 1219.

By Representatives Robinson of the 96th and Buck of the 95th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 291. By Senators Fuller of the 52nd, Kidd of the 25th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to extensively revise said chapter; to provide for definitions; to repeal a provision relating to the authority of local governing authorities to license and regulate billiard rooms; to pro~ide qualifications for persons operating billiard rooms.

718

JOURNAL OF THE HOUSE,

SB 433. By Senator Stumbaugh of the 55th:
A bill to amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to motor vehicle insurance premium reduction upon completion of certain defensive driving courses, so as to provide for additional approved driver improvement clinics which teach defensive driving courses.

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

HB 1180.

By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".

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

SB 591. By Senators Scott of the 2nd, Howard of the 42nd and Allgood of the 22nd:
A bill to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the physically impaired, so as to provide that the Public Service Commission shall establish, implement, administer, and promote a state-wide dual party telephone relay system; to provide for legislative findings and declarations.

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

SB 17. By Senators Kennedy of the 4th, Ray of the 19th and Dean of the 31st:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that there shall be no limit on the amount of unused sick leave which may be accumulated for the purpose of members of the Teachers Retirement System of Georgia obtaining creditable service under said retirement system for such unused sick leave.
Referred to the Committee on Retirement.

SB 439. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification of certain personnel, so as to change the requirements for renewable certificates and change the persons eligible for nonrenewable certificates.
Referred to the Committee on Education.

SB 447. By Senator Kidd of the 25th:
A bill to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that the State Personnel Board shall adopt and promulgate a schedule of maximum fees for medical and surgical services and professional services provided in hospitals.
Referred to the Committee on Health & Ecology.

TUESDAY, FEBRUARY 6, 1990

719

SB 484. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that at any time a delinquent or unruly child committed to the department becomes incorrigible and unmanageable, the department may petition the court of original jurisdiction to have such child transferred to the custody of the Department of Corrections.
Referred to the Committee on State Institutions & Property.

SB 485. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide for evaluations of delinquent or unruly children committed to the department; to provide for the contents of such evaluations; to provide for reevaluations.
Referred to the Committee on State Institutions & Property.

SB 551. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, so as to provide that, upon special written findings of fact, a superior court may order a defendant remanded into custody; to provide for psychiatric or psychological evaluations and reports related thereto; to provide for facilities.
Referred to the Committee on Judiciary.

SB 574. By Senator English of the 21st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to continue the Georgia Auctioneers Commission but provide for the later termination of the commission and the repeal of the laws relating thereto; to provide an effective date.
Referred to the Committee on Industry.

SB 591. By Senators Scott of the 2nd, Howard of the 42nd and Allgood of the 22nd:
A bill to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the physically impaired, so as to provide that the Public Service Commission shall establish, implement, administer, and promote a state-wide dual party telephone relay system; to provide for legislative findings and declarations.
Referred to the Committee on Industry.

SB 598. By Senators Parker of the 15th and Land of the 16th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; to provide an effective date and for applicability.
Referred to the Committee on Legislative & Congressional Reapportionment.

720

JOURNAL OF THE HOUSE,

SB 639. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Elections Code," so as to provide that certain nomination petitions and petitions to qualify political bodies to nominate certain candidates by convention shall consist of cards each of which shall contain only one signature; to provide for information to be contained on such cards; to provide for procedures with respect to the foregoing.
Referred to the Committee on Governmental Affairs.

SB 646. By Senator Johnson of the 47th:
A bill to amend an Act creating a new charter for the City of Hartwell, as amended, so as to change certain provisions relating to the expiration of a certain term of municipal office; to provide for the authority for this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 647. By Senator McKenzie of the 14th:
A bill to provide a new charter for the City of Ellaville; 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 659. By Senators Olmstead of the 26th, Barker of the 18th and Harris of the 27th:
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 change certain provisions relating to the custodian of the pension fund; to change the qualifications of the custodian of the pension fund; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 304. By Senators Broun of the 46th, Parker of the 15th and Land of the 16th:
A resolution providing for the Georgia 1992 Commission and its composition and organization, terms, vacancies, compensation and allowances, authority, powers, duties, and abolition.
Referred to the Committee on State Planning & Community Affairs.

SR 363. By Senators Taylor of the 12th, Kidd of the 25th, Olmstead of the 26th and others:
A resolution creating the Joint Legislative Study Committee on Efficiency in State Government and providing for the powers and duties of such committee.
Referred to the Committee on Governmental Affairs.

Representative Groover of the 99th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

TUESDAY, FEBRUARY 6, 1990

721

HB 1168.

By Representatives Ware of the 77th, Lawson of the 9th, Griffin of the 6th, Brown of the 88th, Dunn of the 73rd and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that compensation shall not be allowed for an injury or death due to being under the influence of marijuana or a controlled substance.

On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy
N Adams N Aiken
Alford
Allen Athon N Atkins Bailey Y Baker Y Balkcom N Bannister N Barfoot N Bargeron Y Barnett,B N Barnett,M Y Bates
Beck Benefield Y Benn Y Birdsong
Y Bishop Y Bostick
Branch N Breedlove
Brooks N Brown N Buck
Buford Byrd N Campbell N Carrell Y Carter Chambless Y Chance
N Cheeks

Y Childers Y Clark,B N Clark,H Y Clark,L Y Coleman N Colwell Y Connell
Couch N Crawford N Crosby Y Cummings,B N Cummings,M
Davis,C Y Davis,G N Davis,M Y Dixon,H E Dixon,S N Dobbs Y Dover
Dunn Y Edwards N Ehrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W N Foster N Godbee N Goodwin E Green Y Greene
Gresham NGriffin Y Groover
Hamilton N Hanner

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

McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley
Moody N Morton Y Moultrie N Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock N Padgett
Pannell YParbarn Y Parrish N Patten
Pettit Y Pinkston N Poag
Porter Y Poston N Powell y Randall N Ranaom
Ray Y Reaves Y Redding
Y Richardson N Ricketson N Robinson y Royal
YSelman Y Simpson
Sinkfield

Y Smith,L Y Smith,P E Smith,T N Smith,W
Smyre N Snow Y Stancil,F
Stancil,S Stanley
N Steele Y Stephens Y Streat
Teper Thomas,C Y Thomas,M Y Thompson Thurmond N Titus Y Tolbert N Townsend Twiggs N Vaughan
Y Waddle Walker,C Walker,L Wall
YWare
Watson N Watts Y White N Wilder NWilliams,B Y Williams,J NYates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 74, nays 57. 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 1240.

By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the exemptions from the requirement of a license to engage in the business of selling or issuing checks; to provide for definitions.

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

722

JOURNAL OF THE HOUSE,

Aaron Y Abernathy Y Adams
Aiken Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Barnett,B Y Barnett,M Bates Y Beck
Y Benefield Y Bonn
Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Y Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter
Chambless Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby
Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H E Dixon,S Y Dobbs Y Dover
Dunn Edwards Y Ehrhart Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Foster Y Godbee Y Goodwin E Green Y Greene Y Gresham Griffin Y Groover Hamilton Hanner

Y Harris Y Hasty
Y Heard Herbert
Y Holcomb Y Holland Y Holmes YHooks
Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson
Jones
Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder y Long
Lord Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

McKinney,B McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton
Moultrie Mueller Y Oliver,C Oliver,M Y Orr
Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell
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 ESmith,T
Smith,W Smyre YSnow Y Stancii,F Stancii,S Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Waddle Walker,C
Y Walker,L YWall Y Ware Y Watson
Watts White
Y Wilder Williams,B
Y Williams,J 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.

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

SB 455. By Senators Timmons of the 11th and Pollard of the 24th:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to application for membership in the fund; to increase the total payments necessary in order to claim certain prior service under certain conditions; to change the provisions relating to requirements for continued active membership in the fund.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen
Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister

Y Barfoot
Y Bargeron Barnett,B
Y Barnett,M Y Bates
Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch

Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Colwell Connell Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M

Y Davis,C Y Davis,G Y Davis,M Y Dixon,H EDixon,S Y Dobbe Y Dover
YDunn Edwards
Y Ehrhart Y Felton Y Fennel

TUESDAY, FEBRUARY 6, 1990

723

Y Floyd,J.M Y Floyd,J.W Y Footer Y Godbee Y Goodwin E 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 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 Linder Y Long Y Lord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton Moultrie Y Mueller Y Oliver,C Oliver,M Y Orr Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston YPowell

Randall Y Ransom YRay
Y Reaves Redding
Y Richardson Y Ricketson
Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L YSmith,P ESmith,T
Smith,W Smyre
YSnow Y Stancii,F
Stancil,S Stanley
Y Steele Y Stephens Y Streat

Y Teper
Y Thomas,C YThomas,M Thompson Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L
Y Wall YWare Y Watson
Watta White YWilder YWilliama,B YWilliama,J
Y Yatea 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.

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

SB 121. By Senator Timmons of the 11th:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to change the retirement benefits under Option One, known as the "single life annuity"; to provide conditions for an effective date and for automatic repeal.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker
Y Balkcom Bannister
Y Barfoot Y Bargeron
Barnett,B Y Barnett,M
Y Batea Beck
Y Benefield Y Benn
Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove

Y Brooks Y Brown Y Buck Y Buford
Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G

Y Davis,M Y Dixon,H EDixon,S y Dobbs
Y Dover YDunn
Edwarda Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee
Y Goodwin E Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner
YHarris y Hasty
Y Heard

Y Herbert
Y Holcomb Y Holland Y Holmes
YHooka Y Howren Y Hudson Ylrwin
Isakaon Y Jackson,J
Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long

YLord Lucas
Y Lupton y Mangum
YMartin Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney,C
YMeadows Milam Mobley
Y Moody
Y Morton Moultrie
Y Mueller Y Oliver,C
Oliver,M
YOrr Orrock
Y Padgett
Pannell YParham Y Parrish

724

JOURNAL OF THE HOUSE,

Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell
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 E Smith,T

Y Smith,W
Smyre
YSnow Y Stancil,F Y Stanci~S
Stanley
Y Steele Y Stephena Y Streat Y Teper YThomas,C

Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L

YWall
YWare Y Watson
Watts White Wilder YWilliams,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.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Rules and referred to the Committee on Governmental Affairs:

SB 486. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, the "Recall Act of 1989," so as to define "legal sufficiency"; to provide for written notice to the public officer named for recall of the official issuance of an application for recall petition for circulation and of the filing of such completed application for verification; to provide for filing applications for recall exceeding one page in length.

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 597. By Representatives Childers of the 15th, Adams of the 79th, Buck of the 95th, Pinkston of the 100th, Robinson of the 96th and others:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to strike and reenact Article 2A thereof, relating to hospital care for pregnant women, so as to change the provisions relating to legislative intent, findings, and purposes; to change certain terms; to change the provisions relating to definitions.

Representative Wilder of the 21st moved the previous question. On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy N Adams Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister N Barfoot
Bargeron
Y Barnett,B N Barnett,M Y Bates N Beck Y Benefield
Benn

Y Birdsong
Y Bishop
Y Bostick Y Branch
N Breedlove Y Brooks Y Brown Y Buck N Buford Y Byrd
Y Campbell N Carrell N Carter Y Chambless
N Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Clark,L

N Coleman
N Colwell
Y Connell Y Couch Y Crawford N Crosby
N Cummings,B Y Cummings,M Y Davis,C Y Davis,G N Davis,M
Y Dixon,H
E Dixon,S N Dobbs N Dover N Dunn
Edwarda NEbrbart Y Felton N Fennel

N Floyd,J.M N Floyd,J.W
N Foster Y Godbee N Goodwin E Green N Greene Y Gresham
YGriffin N Groover Y Hamilton N Hanner
Y Harris N Hasty N Heard Y Herbert Y Holcomb N Holland Y Hoboes NHooks

Y Howren Y Hudson
N Irwin N Isakson N Jackson,J Y Jackson,W N Jamieson N Jenkins Y Johnaon N Jones Y Kilgore Y Kingston N Lane,D YLane,R N Langford Y Lawrence NLawson YLee N Linder Y Long

TUESDAY, FEBRUARY 6, 1990

Lord
Lucas Y Lupton N Mangum Y Martin N McCoy
N McDonald Y McKelvey
Y McKinney,B Y McKinney,C N Meadows YMilam N Mobley Y Moody Y Morton Y Moultrie

N Mueller Y Oliver,C
Y Oliver,M
N Orr Y Orrock Y Padgett Y Pannell
Y Parham N Parrish Y Patten Y Pettit Y Pinkston N Poag N Porter N Poston N Powell

y Randall
N Ransom NRay
N Reaves Y Redding Y Richardson N Ricketson Y Robinson N Royal Y Selman
Y Simpson Y Sinkfield N Smith,L N Smith,P N Smith,T N Smith,W

On the motion, the ayes were 94, nays 75. The motion prevailed.

N Smyre
NSnow Y Stancil,F
N Stancil,S Y Stanley Y Steele Y Stephens N Streat N Teper
NThomas,C Thomas,M
Y Thompaon YThurmond N Titus Y Tolbert
Y Townsend

725
NTwiggs Y Vaughan N Waddle Y Walker,C N Walker,L YWall YWare N Watson N Watts Y White Y Wilder Y Williams,B Y Williams,J N Yates N Yeargin
Murphy,Spkr

The previous question was ordered. Representative Dover of the 11th moved that HB 597 be placed upon the table. On the motion to table, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Alford
NAllen N Athon Y Atkins N Bailey Y Baker Y Balkcom N Bannister
Y Barfoot Y Bargeron Y Barnett,B N Barnett,M
N Bates Y Beck N Benefield
Benn Y Birdsong N Bishop
Y Bostick Y Branch Y Breedlove N Brooks N Brown N Buck
Y Buford N Byrd
Y Campbell Y Carrell Y Carter
N Chambless Y Chance N Cheeks

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

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

On the motion, the ayes were 100, nays 71. The motion prevailed.

N McKinney,B N McKinney,C
Y Meadows YMilam Y Mobley Y Moody N Morton Y Moultrie N Mueller
Y Oliver,C YOliver,M Y Orr N Orrock N Padgett N Pannell N Parham Y Parrish Y Patten
Pettit N Pinkston YPoag
Y Porter Y Poston Y Powell N Randall N Ranaom YRay
Y Reaves N Redding N Richardaon Y Ricketson N Robinaon y Royal
N 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 N Steele Y Stephens Y Streat Y Teper Y Thomas,C NThomas,M Y Thompaon NThurmond Y Titus Y Tolbert N Townsend y Twiggs
Y Vaughan Y Waddle N Walker,C Y Walker,L N Wall YWare
Y Watson Y Watts N White Y Wilder NWilliams,B N Williams,J
Y Yatea Y Yeargin
Murphy,Spkr

Representative Abernathy of the 39th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

726

JOURNAL OF THE HOUSE,

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

TUESDAY, FEBRUARY 6, 1990

727

AFTERNOON SESSION

The Speaker called the House to order.

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 1585 Do Pass, by Substitute HB 1422 Do Pass, by Substitute HB 1704 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
Chairman

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

HR 780. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A resolution inviting Coach Nick Hyder and representatives of the Valdosta High School football team to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 781. By Representative Richardson of the 52nd: A resolution commending Dr. Barbara S. Bruner.

HR 782. By Representatives Greene of the 130th, Streat of the 139th, Watson of the 114th, Byrd of the 153rd, Fennel of the 155th and others:
A resolution urging the governing authorities of counties and municipalities in this state to improve the retirement and pension systems of local law enforcement officers.

HR 783. By Representative Carrell of the 65th: A resolution honoring W. T. Ewing.

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 1540.

By Representatives Coleman of the 118th, Crosby of the 150th, Royal of the 144th, Waddle of the 113th, Birdsong of the 104th and others:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to require county governing authorities to publish annual reports containing the millage rate and assessed taxable value of certain property subject to certain taxation for the coming fiscal year and the immediately preceding five fiscal years.

728

JOURNAL OF THE HOUSE,

The following Committee 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 regarding ad valorem taxation of property, so as to require county governing authorities to publish annual reports containing the millage rate and assessed taxable value of certain property subject to certain taxation for the current calendar year and the immediately preceding five calendar years; to provide for the contents of such reports; 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 regarding ad valorem taxation of property, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-5-32, to read as follows:
"48-5-32. At least two weeks prior to the establishment of the millage rate for ad valorem tax purposes for the current calendar year, the governing authority of each county shall cause a report to be published in a newspaper of general circulation throughout the county. Such report shall be in a prominent location in such newspaper and shall not be included with legal advertisements. Such report shall contain the following:
(1) The assessed taxable value of all property, by class and in total, which is subject to ad valorem taxation for county purposes for the current calendar year and such assessed taxable values and the millage rates for county purposes for each of the immediately preceding five calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for county purposes for each of the immediately preceding five calendar years; and
(2) The assessed taxable value of all property, by class and in total, which is subject to ad valorem taxation for school purposes for the current calendar year and such assessed taxable values and the millage rates for school purposes for the immediately preceding five calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for school purposes for each of the immediately preceding five calendar years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee substitute to HB 1540 as follows:
By adding to line 23 page 1 after "advertisements" the following:
"the size and location of the advertisement shall not be grounds for contesting the validity of the levy".
By striking "calendar" on line 3 page 2 and inserting "fiscal".
By adding on line 20 page 1 after "circulation" the words "which is the legal organ of such county".

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.

TUESDAY, FEBRUARY 6, 1990

729

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
Allen Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates 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 Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B
Y Clark,H Clark,L Coleman Colwell
Y Connell
Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M
Y Davis,C Davis,G
Y Davis,M Y Dixon,H E Dixon,S Y Dobbs
Y Dover Dunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E Green
Greene Gresham Y Griffin Y Groover Y Hamilton Y Hanner

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

McKinney,B McKinney,C Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Randall Ransom Ray Reaves Redding Y Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Smith,T
YSmith,W Y Smyre
Y Snow Y Stancii,F Y Stancii,S Y Stanley Y Steele Y Stephens
Streat Y Teper YThomas,C
Thomas,M YThompson YThurmond Y Titus
Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C
Walker,L Y Wall YWare Y Watson Y Watts
White Y Wilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1639.

By Representative Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the name of the Joint Municipal Employees Benefit System to the Georgia Municipal Employees Benefit System.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot

Y Bargeron
Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H

Clark,L YColeman YColwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C
Davis,G Y Davis,M Y Di:r.on,H

E Dixon,S y Dobbs
Y Dover Dunn
Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee y Goodwin

730

JOURNAL OF THE HOUSE,

E Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Hasty
Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins

Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee
Linder Long
Lord 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 Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston Y Poag
Y Porter Y Poston Y Powell
Randall Ransom

Ray
Reaves Redding Y Richardaon Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith,T YSmith,W
Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Streat Y Teper

Thomas,C
Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan YWaddle
Walker,C Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder
YWilliams,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.

HB 1457.

By Representatives Martin of the 26th and Richardson of the 52nd:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change substantially the conditions under which the department may grant variances and waivers to rules and regulations establishing standards for certain facilities; to provide that such variances may be granted if strict compliance would cause hardship.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 1457 by striking "~ not fit !Q" on line 14 of page 2 and inserting in its place "should not".

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

Y Aaron Y Abernathy
Y Adams Y Aiken
Y Alford Allen
Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates
Beck Y Benefield Y Bonn

Y Birdsong
Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H
Clark,L

Y Coleman Colwell
Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H E Dixon,S
Dobbs Y Dover
Dunn Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin E 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
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
Langford Y Lawrence Y Lawson Y Lee
Linder Y Long

TUESDAY, FEBRUARY 6, 1990

731

Lord 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 Morton
Y Moultrie

Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParbam Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell

Randall Ransom YRay
Reaves Redding Y Richardson Y Ricketson
Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith,T YSmith,W

Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C
Thomas,M YThompson YThurmond 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 Williarns,B
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.

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

HB 1657.

By Representatives Fennel of the 155th, Smith of the 156th, Moody of the 153rd, Floyd of the 154th, Johnson of the 123rd and others:
A bill to amend Code Section 27-2-8 of the Official Code of Georgia Annotated, relating to commercial fishing boat licenses, so as to provide for the issuance of commercial fishing boat licenses for trawlers during the first three months of each year.

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 588. By Representatives Birdsong of the 104th and Moody of the 153rd

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VI, Paragraph VI of the Constitution is amended by striking subparagraph (d) thereof, which reads as follows:
"(d) The General Assembly may provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987.", in its entirety and substituting in lieu thereof a new subparagraph (d) to read as follows:
"(d) The General Assembly may provide by Jaw for indemnification with respect to licensed emergency management rescue specialists who are or have been killed or permanently disabled in the line of duty on or after January 1, 1991, and publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

732

JOURNAL OF THE HOUSE,

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( YES Shall the Constitution be amended so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emer-
NO gency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

Y Aaron Y Abernathy Y Adams Y Aiken
Alford Allen Athon Y Atkins N Bailey N Baker Y Balkcom N Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M N Bates Beck N Benefield Y Benn Y Birdsong
Y Bishop N Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Buck
Y Buford Y Byrd Y Campbell
Carrell Y Carter N Chambless Y Chance Y Cheeks

N Childers
Clark,B Y Clark,H
Y Clark,L Coleman
N Colwell Y Connell N Couch N Crawford N Crosby
Cummings,B Cummings,M N Davis,C Davis,G N Davis,M N Dixon,H E Dixon,S N Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton N Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E Green
Greene Gresham YGriffin
N Groover Y Hamilton
Hanner

Y Harris N Hasty Y Heard N Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren N Hudson N 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
N Lawrence Y Lawson N Lee
Linder NLong
Lord Lucas N Lupton Mangum YMartin N McCoy Y McDonald Y McKelvey

McKinney,B
McKinney,C Meadows N Milam Y Mobley Y Moody N Morton Y Moultrie N Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell
Y Parham N Parrish N Patten Y Pettit Y Pinkston y Poag
Y Porter N Poston Y Powell
Randall N Ranaom YRay Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
YSelman Simpson
N Sinkfield

Y Smith,L Y Smith,P
Smith,T
Y Smith,W Y Smyre YSnow
Y Stancii,F N Stancii,S Y Stanley
Y Steele N Stephens N Streat Y Teper
YThomas,C Thomas,M
YThompson
YThurmond Y Titua N Tolbert N Townsend
Twiggs N Vaughan
Waddle Walker,C N Walker,L YWall Ware Y Watson Y Watts White Y Wilder Y Williarns,B Williarns,J N Yatee Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 100, nays 44.
The Resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Representative Birdsong of the 104th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite two-thirds constitutional majority to HR 588.

TUESDAY, FEBRUARY 6, 1990

733

Representative Childers of the 15th moved that the following Bill of the House be taken from the table:
HB 597. By Representatives Childers of the 15th, Adams of the 79th, Buck of the 95th, Pinkston of the 100th, Robinson of the 96th and others:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to strike and reenact Article 2A thereof, relating to hospital care for pregnant women, so as to change the provisions relating to legislative intent, findings, and purposes; to change certain terms; to change the provisions relating to definitions.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Alford Allen Y Athon Y Atkins Y Bailey N Baker N Balkcom
Y Bannister N Barfoot N Bargeron N Barnett,B Y Bamett,M
Y Bates N Beck Y Benefield Y Benn N Birdsong
Y Bishop N Bostick N Branch N Breedlove Y Brooks Y Brown Y Buck N Buford
Byrd YCampbell N Carrell N Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H N Clark,L
Coleman N Colwell Y Connell Y Couch Y Crawford N Crosby N Cummings,B
Y Cummings,M N Davis,C
Davis,G Y Davis,M Y Dixon,H E Dixon,S N Dobbs N Dover NDunn Y Edwards N Ehrhart Y Felton N Fennel N Floyd,J.M N Floyd,J.W N Foster Y Godbee Y Goodwin E Green N Greene Y Gresham Y Griffin N Groover Y Hamilton
N Hanner

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

On the motion, the ayes were 85, nays 74. The motion prevailed.

Y McKinney,B Y McKinney,C
N Meadows N Milam N Mobley Y Moody Y Morton N Moultrie Y Mueller N Oliver,C Y Oliver,M N Orr Y Orrock Y Padgett
Y Pannell YParham N Parrish N Patten N Pettit Y Pinkston N Poag N Porter N Poston
N Powell y Randall Y Ranaom N Ray N Reaves y Redding
Y Richardson N Ricketson Y Robinson N Royal
Selman Y Simpson Y Sinkfield

N Smith,L Y Smith,P
Smith,T NSmith,W Y Smyre
NSnow N Stancil,F Y Stancil,S N Stanley
Y Steele Y Stephens N Streat Y Teper N Thomas,C
Thomas,M Y Thompson YThurmond
N Titus Y Tolbert Y Townsend NTwiggs Y Vaughan N Waddle
Walker,C N Walker,L YWall
Ware N Watson N Watts
White Y Wilder YWilliams,B
Williams,J N 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 1212.

By Representatives Thompson of the 20th, Walker of the 115th, Lee of the 72nd and Clark of the 20th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in public schools and regulation by the State Board of Education, so as to modify certain qualifications of certificated personnel needed in order to qualify for an exemption from the completion of an assessment to demonstrate satisfactory on-the-job performance.

734

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in public schools and regulation by the state board, so as to provide requirements for the method of assessing on-the-job performance; to modify certain qualifications of certificated personnel needed in order to qualify for an exemption from the completion of an assessment to demonstrate satisfactory on-the-job performance; to provide for 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 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in public schools and regulation by the state board, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) (1) Before granting a renewable certificate to an applicant, the State Board of Education shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification.
(2) Before granting a renewable certificate to an applicant, the state board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills and an assessment to demonstrate satisfactory on-the-job performance appropriate to the applicant's field of certification~ l'fflvided, he .. e\er, ftftY applieaHt seelciHg eertifieatieH ffi -this state whe ~ fur fl prefessieHal teaeftiftg eertifieate at the baeeala1:1reate degree level et' ftigher ftftd whe has held a prefessieHal teaeftiftg eertifieate itt ftftd whe has satisfaeterily tal:lgftt 6H a f1:1ll time basis ffi the regieHally aeeredited peblie et' pftvate seh6els 6f -this state et' 8H6ther state fur at leflst five yeMS sftall be ~ rem the re(}l:liremeHt 6f 8H assessmeHt te demeHstrate satisfaetery eH the jeb perfermaHee ttS ~ ffi -this sttbseetffitr. Aey tefleher whe qttalifies fer the exemptieH graHted l:lHder this paragraph sftall reeeive a HeHreHev. able eertifieate valid fer a maxim1:1m 6f tltt-ee yeMS tHttil stteh time ttS said tefleher has twiee demeHstrated satisfaeter~ perfermaHee 6H the eval1:1atieH reqttired pl:lfSI:laHt te G6fte Seetieft 20 2 210, at wffielt time stHft tefleher will be eligible
te reeeive a reHe-...able eertifieate. The on-the-job performance 2f teachers shall be
assessed .Qy the instrument developed pursuant !Q Code Section 20-2-210. When used
for initial renewable certification, the extended form version 2f such instrument shall
be used with the following additional requirements: the applicant shall produce for the days !Q be observed !! brief written lesson plan appropriate and sufficient for the dem-
onstration 2f essential skills; the scheduling 2f observation periods and intervals
between them shall be designed !Q allow the teacher an adequate opportunity !Q demonstrate the essential skills; !!! least one evaluator shall be external !Q the school ~
tern l!! which the assessment i taking place and each evaluator i certified .Qy the
state board ~ qualified !Q administer the assessment; on-the-job performance shall be
evaluated on criteria set .Qy the state board which will ensure demonstration 2f effec-
tive teaching practices.
~ applicant shall be exempted from the written planning portion 2f the on-the-job assessment requirement pursuant !Q paragraph ill 2f this subsection it
(A) The applicant has held !! professional teaching Q!: service certificate issued
.Qy !!ill' state l!! the United States !!! the baccalaureate degree level _Q! higher and
has satisfactorily performed appropriate duties on !! full-time basis for!!! least five
2f the ~ seven years l!! regionally accredited private schools 2f this state Q!: another state, Q!: l!! public schools 2f this state Q!: another state, Q!: !! combination
thereof; Q!: (B) The applicant has held !! professional leadership certificate issued .Qy !!ill'
state l!! the United States !!! !! level above the master's degree and has satisfactorily

TUESDAY, FEBRUARY 6, 1990

735

performed appropriate leadership duties on !! full-time basis for !!! least five Qf the ~ seven years !!! regionally accredited private schools Qf this state Q!'. another state, Q!'. !!! public schools Qf this state Q! another state, Q! !! combination thereof.
(4) Exemptions authorized pursuant to parAAraph (3) of this subsection shall not
lillJilir !Q those applicants who have takenthe on-the-job assessment required for certi-
w ru fication more than five times. A!!Y person who qualifies for the exemption granted
under subparagraph Q! iiD Qf paragraph Qf this subsection shall receive ~ nonrenewable certificate valid for !! maximum Qf three years. During those three years, said person shall be eligible for !! renewable certificate !!! such time said person dem-
onstrates satisfactory performance on the nonwritten portion Qf the required certification assessment. 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.
f3t ill Before granting an initial renewable certificate to an applicant, the state
board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge.
fit .(ill On any test or assessment required as a condition for receiving any renew-
able certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who initially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field.
f.;t ill An individual holding a valid life certificate is exempt from the provisions
of this subsection for that certificate field."
Section 2. This Act shall become effective on July 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 roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Y Aiken Y Alford
Allen Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks
Y Brown Y Buck Y Buford Y Byrd

Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C
Davis,G YDavis,M
Y Dixon,H
E Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Foster
Y Godbee Y Goodwin E Green Y Greene
Y Gresham Griffin
Y Groover Y Hamilton
Hanner
Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones

Y Kilgore Y Kingston
Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson
YLee Linder
YLong Y Lord
Lucas Y Lupton YMangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney,C
Meadows Y Milam Y Mobley
Moody
Y Morton Y Moultrie Y Mueller
Oliver,C YOliver,M
YOrr

Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston
Y Powell 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 YSmith,W Y Smyre YSnow

736

JOURNAL OF THE HOUSE,

Y Stancii,F Y Stancii,S Y Stanley
Y Steele Y Stephens Y Streat

Teper Thomas,C Thomas,M Y Thompson YThurmond Y Titus

Y Tolhert
Y Townsend y Twiggs
Y Vaughan
Waddle Walker,C

Y Walker,L Wall Ware
Y Watson Y Watts
White

Y Wilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1459. By Representatives Pettit of the 19th, Mobley of the 64th, Thomas of the 69th, Morton of the 47th, Abernathy of the 39th and others:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to change the provisions relating to the definition of certain terms; to provide for the designation and additional regulation of designated dealers, limited dealers, designated salesmen, and limited salesmen and the sale of certain low priced designated securities; to provide for additional training for certain designated salesmen.

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

Y Aaron Y Ahemathy
Y Adams Y Aiken
Alford E Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates
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 Camphell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman YColwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H E Dixon,S Y Dobbs Y Dover YDunn Y Edwards YEhrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W
Foster Y Godhee Y Goodwin E Green Y Greene Y Gresham
Griffin Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herhert Y Holcomb Y Holland Y Holmes YHooks 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 y Long Y Lord
Lucas Y Lupton y Mangum
Y Martin Y McCoy
Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie Mueller
Y Oliver,C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Y Pinkston y Poag
Y Porter
Y Poston Y Powell E Randall YRansom YRay Y Reaves
Redding
Y Richardson Ricketson
Y Robinson y Royal y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T YSmith,W Y Smyre YSnow
Y Stancii,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C YThomas,M YThompson YThurmond Y Titus Y Tolhert Y Townsend y Twiggs
Y Vaughan Waddle
Walker,C Y Walker,L Y Wall
YWare Y Watson Y Watts
White Wilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 6, 1990

737

HB 1504. By Representatives Dobbs of the 74th, Twiggs of the 4th, Dover of the lith, Porter of the 119th, Pannell of the 122nd and others:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to change the time limit within which an insured can give notice of a claim before such notice requirements may be satisfied by a third party injured in an accident involving the insured and having a claim against the insured; to change certain dates.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford E Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd YCampbell Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman
Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
E Dixon,S
Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E 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
Langford
Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Lucas Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B McKinney,C Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C YOliver,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 E Randall YRansom 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 Streat Y Teper YThomas,C
YThomas,M Y Thompson YThurmond
Y Titua Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L
Y Wall YWare Y Watson Y Watts
White Wilder YWilliams,B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

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

HB 1591.

By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Election Board to institute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or prohibit certain conduct.

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

738

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Y Aiken
Alford E Allen
Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck
Y Buford Y Byrd
Y Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H E Dixon,S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E Green Y Greene Y Gresham YGriffin Y Groover Y Hamilton
Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes YHooks
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
Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney,C
Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Pinkston
y Poag
Y Porter Y Poston Y Powell
E 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
YSmith,W Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Tbomas,C YThomas,M
Thompson YThurmond Y Titus
Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L YWall
Ware Y Watson Y Watts
White
Wilder Y Williarns,B
Williarns,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1441. By Representatives Walker of the 115th and Lee of the 72nd:
A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils.

The following Committee substitute was read and adopted:

A BILL
To amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils; to provide for the terms and conditions under which county, independent, and area school systems may enter into multiyear lease, purchase, or lease purchase contracts; 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 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, is amended by striking Code Section 20-2-504, which reads as follows:

TUESDAY, FEBRUARY 6, 1990

739

"20-2-504. It shall be unlawful for any board of education to make any contract involving the expenditure of funds in excess of the total appropriation for the current fiscal year, provided that county boards of education shall have authority to contract for the transportation of pupils for a period not to exceed four years. Any indebtedness created, contract made, or order or draft issued in violation of this Code section shall be void.", and inserting in its place a new Code section to read as follows:
"20-2-504. County, independent, and area school systems shall have authority to contract for the transportation of pupils in accordance with the provisions of Code Section 20-2-506."

Section 2. Said article is further amended by adding at the end thereof, a new Code section to be known as Code Section 20-2-506, to read as follows:
"20-2-506. (a) Except as otherwise provided in this Code section, each county, independent, or area school system in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following:
(1) The contract shall terminate absolutely and without further obligation on the part of the school system at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section;
(2) The contract may provide for automatic renewal unless positive action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the school system and specified in the contract;
(3) The contract shall state the total obligation of the school system for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and
(4) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the school district. (b) In addition to the provisions enumerated in subsection (a) of this Code section, any contract authorized by this Code section may include:
(1) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the school system under the contract; or
(2) Any other provision reasonably necessary to protect the interests of the school system.
(c) Any contract developed under this Code section containing the provisions enumerated in subsection (a) of this Code section shall be deemed to obligate the school system only for those sums payable during the calendar year of execution or, in the event of a renewal by the school system, for those sums payable in the individual calendar year renewal term.
(d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the school system for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal.
(e) Any such contract may provide for the payment by the school system of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section.
(f) When any local board of education submits to the electors of its local school district the proposed issuance of any bonded debt and such proposal is defeated by the electors, that school system shall be prohibited for a period of four calendar years immediately following such election from entering into any multiyear contract for the lease, purchase, or lease purchase of any goods, materials, real or personal property, services, or supplies which are the same as or substantially similar to items which were proposed to be funded through such proposed issuance of bonded debt.

740

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(g) Nothing in this Code section shall restrict school systems from executing reasonable contracts arising out of their proprietary functions.
(h) Each school system in this state is authorized to accept the title to property subject to a contract for lease purchase or installment purchase and is authorized to transfer title back to the vendor in the name of the school district in the event that the contract is not fully consummated."
Section 3. This Act shall become effective upen 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 Y Abernathy Y Adams Y Aiken
Alford E Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
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 Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H E Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E 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 YHooks 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
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 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 YPoag
Y Porter Y Poston Y Powell E Randall Y Ransom YRay Y Resves y Redding Y Richardson
Ricketson Y Robinson y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Y Smith,T Y Smith,W Y Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat
Y Teper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vanghan Y Waddle
Walker,C Y Walker,L Y Wall YWare Y Wataon Y Watts
White Wilder Willia.ms,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1261. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study.

TUESDAY, FEBRUARY 6, 1990

741

The report of the Committee, which was favorable to the passage of the 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 EAllen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates
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 Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B
Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H E Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin E 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 Y Long Y Lord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B
Y McKinney,C
Meadows YMilam Y Mobley
Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell E Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Y Smith,T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil.S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M Y Thompson
Thurmond Y Titus
Tolbert Y Townsend y Twiggs Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall
YWare Y Wataon Y Watta
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.

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

HB 597. By Representatives Childers of the 15th, Adams of the 79th, Buck of the 95th, Pinkston of the lOOth, Robinson of the 96th and others:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to strike and reenact Article 2A thereof, relating to hospital care for pregnant women, so as to change the provisions relating to legislative intent, findings, and purposes; to change certain terms; to change the provisions relating to definitions.

The following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to strike and reenact Article 2A thereof, relating to hospital care for pregnant women, so as to change the provisions

742

JOURNAL OF THE HOUSE,

relating to legislative intent, findings, and purposes; to change certain terms; to change the provisions relating to definitions; to remove certain residency requirements; to provide for examinations to determine whether or not an emergency medical condition exists and for further examination, treatment of such condition, or transfer to other medical facilities and provide for refusals for examination, treatment, and transfers; to provide for conditions for transfers; to change the provisions relating to standards of indigency and change the title of certain officers; to change the type of medical care for which counties are financially liable and the conditions of that liability, and procedures relating thereto; to provide for interest and penalties; to change the provisions regarding the liability of the patient and others for cost of care and change certain provisions regarding patient cooperation; to change the provisions regarding civil actions regarding certain determinations; to provide for damages and other relief against hospitals for certain violations; to provide for additional taxes and allocation thereof to provide certain medical care; to establish limits upon a county's liability for certain medical care and provide conditions and limitations relating thereto; to provide for statutory construction; to provide for all related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, is amended by striking Article 2A thereof, relating to hospital care for pregnant women, and inserting in its place the following:
"ARTICLE 2A
31-8-40. ill)_ The General Assembly finds that Georgia's high rates of infant mortality and morbidity are costly to the state in terms of human suffering and of expenditures for long-term institutionalization, special education, and medical care. It is well documented that appropriate care during pregnancy and delivery can prevent many of the expensive, disabling problems our children experience. The State of Georgia is making progress in improving services and funding. However, the General Assembly is concerned that some women continue to be refused service for financial reasons at hospitals when they request admission after labor has begun. It is the purpose of this article to assure that:
(1) No hospital denies available, appropriate emergency services to a woman who has not made prior arrangements for the payment of the delivery and who seeks hospital care for the safe delivery of her child;
(2) Counties assume a share of the responsibility in meeting this critical need for their residents who receive such care when no other source of payment from public or private sources is available; and
(3) Women receiving such care and other persons specified in this article assume certain responsibilities with regard to payment for such care after it is rendered, but it is not the purpose of this article to establish a general health insurance program for all pregnant indigent women. (b) The General Assembly also finds that federal law now requires certain hospitals !Q examine and treat 2! transfer persons who enter hospital emergency departments.
The General Assembly further finds that counties should bear some 2f the financial responsibility for the emergency medical care 2f their indigent residents, but that some
limit for that responsibility must be established. 31-8-41. As used in this article, the term: (1) 'Active labor' means regular, progressive uterine contractions producing cervical thinning and dilation, ~ determined Qy !! licensed physician.
fB ill 'Cost of care' means the cost of services rendered by a hospital for emer-
gency health care required to be provided thereby under this article, and for services rendered by a physician in connection therewith, at the lesser of the actual charges or the reimbursement rate currently in effect for the hospital and physician under the medical assistance program for the needy under Title XIX of the Social Security Act (42 U.S.C.A. Section 1396, et seq.), as amended, but shall not include any portion of

TUESDAY, FEBRUARY 6, 1990

743

such cost which is actually paid by the indigent patient, by the spouse or a relative

of the indigent patient, by the father of the child, Qy !!!!Y other individual legally

responsible for such payment, by insurance, or by any governmental or other public

agency pursuant to any federal, state, or local program paying cost of health care for

indigent patients, other than the program established by this article. The Medicaid

reimbursement rate for services under this article shall not be adjusted for outlier pay-

ment. Payments aeitt8Hy reeeived -by ft h6spiiftl 61' physieiftn, when mtlde -by -the

patient; -the patient's sp6t!Se; family member, father af the patient's eftilfr,- 61' by insttr--

anee; the medieftl assistanee pr6gl8ffi f6t' the needy, any similar federal; state; 61' ffleal

pr6gram, 61' any 6tber third parey p8Y6t' 6tber than a ootmty, shall e6nstitllte payment

t6 the h6spiiftl 61' ph)sieian, respeeti~ely, af the payment 8fH6llftt S6 reeeived and exe1ttde that 8fH6llftt fr6m the definiti6n af ~ af eare-! When a hospital renders care

to a W6tHftft an indigent patient who is not a resident of the county in which that hos-

pital is located and that care is required to be provided under this article but there

is within the county of residence of that W6tHftft patient a hospital which usually and

customarily provides that care, 'cost of care' means the lesser of the actual charges for

the care actually rendered or the Medicaid reimbursement rate currently in effect for

such care, which Medicaid reimbursement rate shall be that Medicaid rate for such

care in the hospital of the ~6man's patient's county of residence, unless there is more

than one such hospital, in which event the rate shall be the average Medicaid rate for

such care in all hospitals of the 'li6man's patient's county of residence.
(3) 'Emergency health care' means the following services when provided !.!! Q! Qy ~ hospital ~ defined !.!! this Code section:

(A) An appropriate medical screening examination Qy ~ physician, Q! other qual-
ified medical personnel when ~ physician ~ not readily available !.!! the emergency

department, !Q determine whether an emergency medical condition exists;

(B) Treatment !Q stabilize an emergency medical condition;

(C) Transfer Qf ~patient !Q another hospital;

(D) Emergency services required !Q be provided !Q ~ pregnant woman pursuant

!Q subsection (a) Qf Code Section 31-8-42; Q!
(E) Any combination Qf services specified !.!! subparagraphs (A) through (D) Qf

this paragraph.

(4) 'Emergency medical condition' means ~ medical condition, other than active

labor, manifesting itself Qy acute symptoms Qf sufficient severity, including but not

limited to severe pain, such that the absence of immediate medical attention could

:reasorlabfy be expected !Q result in: - - - -

---

--

(A) Placing the patient's health !.!! serious jeopardy;

(B) Serious impairment !Q bodily functions; Q!

(C) Serious dysfunction Qf !!!!Y bodily organ Q! part. 00 (5) 'Hospital' means a hospital which is permitted to operate by the depart-

ment pursuant to Article 1 of Chapter 7 of this title and which operates an emergency

department.
f3t ill 'Indigeney ' means -the inftbi1ity af ft patient 61' 6tber pet'S6H t6 pay -the
entire e6St af eMe determined in aee6rdanee with Sllbseeti6n W af GOOe 8eetimt

3-l--8-4& 'Indigent' Q! 'indigency' means meeting the standards Qf indigency established

- w under Code Section 31-8-43. ill 'Patient' means ft pregnant W6tHftft an individual who receives serviees

emergency health care under this article.

f5t (8) 'Resident af -the e6ttHty! means ft pet'S6H wh6 is d6mieiled in -the emmty

'Residence' Q! 'resident' means domicile as determined pursuant to Chapter 2 of Title

19.

(9) (A) 'Stabilize' means, with respect !Q an emergency medical condition, !Q 2!Q::

vide such medical treatment Qf the condition ~ ~ be necessary !Q assure, within

reasonable medical probability, that no material deterioration Qf the condition ~

likely !Q result from the transfer Qf the individual from ~ hospital facility.

(B) 'Stabilized' means, with respect !Q an emergency medical condition, that no

material deterioration Qf the condition~ likely, within reasonable medical probabil-

!!y, !Q result from the transfer Qf the individual from ~ hospital facility.

744

JOURNAL OF THE HOUSE,

(10) 'Transfer' means the movement, including but not limited !Q the discharge, of
!! patient outside !! hospital's facilities !!! the direction 2f ~ person employed E_y Qi
affiliated Q! associated, directly Q! indirectly, with the hospital, but does not include such!! movement 2f!! patient who !A)_ has been declared dead, Q! @leaves the facil-
lli': voluntarily Q! without the permission 2f !!!!Y such person. 31-8-42. (a) Any hospital whieh ~ ftft emergeHey sei"t'iee ~ defined i!! para-
graph (5) 2f Code Section 31-8-41 shall be required to provide the appropriate, necessary emergency services to any pregnant woman wh6 is a resitleHi ef ihis siftie tmtl who presents herself in active labor to the hospital, if those services are usually and customarily provided in that facility, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hospital. If, in the medical judgment of the physician responsible for the emergency service, the hospital must
transfer the patient because the hospital is unable to provide appropriate treatment, the hospital where the patient has presented herself shall:
(1) Within the capabilities of the hospital provide such emergency services as the circumstances require, which services shall be provided within the scope of generally accepted practice based upon the information furnished the hospital by the pregnant woman, including such information as the pregnant woman reveals concerning her
prenatal care, diet, allergies, previous births, general health information, and other such information as the pregnant woman may furnish the hospital;
(2) Contact an appropriate receiving hospital and notify such hospital that the
patient is in transit; (3) Arrange suitable transportation for the patient if necessary; and
(4) Send to the receiving hospital any available information on the patient's his-
tory and condition. The transfer shall not be authorized until the physician considers the patient sufficiently
stabilized for transport. (b) (1) If !!!!Y individual comes !Q the emergency department 2f !! hospital and !! request ~ made on the individual's behalf for examination Q! treatment for !! medical condition, other than active labor, the hospital must provide for an appropriate medical screening examination .Qy !! physician, Q! other qualified personnel when!! physi-
cian ~ not readily available i!! the emergency department, within the capability 2f the
hospital's emergency department !Q determine whether Q! not an emergency medical
condition exists. (2) If !!!!Y individual comes !Q !! hospital and the hospital determines that the indi-
vidual has an emergency medical condition, the hospital must provide either:
(A) Within the staff and facilities available !!! the hospital, for such further medical examination and such treatment ~ !!!!!Y be required !Q stabilize the medical
condition; Q!
(B) For transfer 2f the individual !Q another medical facility i!! accordance with
paragraph (5) 2f this subsection.
ffi___A hospital ~ deemed !Q meet the requirement 2f subparagraph (A) 2f paragraph ill 2f this subsection with respect !Q an individual if the hospital offers the individual the further medical examination and treatment described i!! that paragraph
but the individual, Q! !! legally responsible person acting on the individual's behalf, refuses to consent to the examination or treatment.
(4) Ahospital ~deemed !Q meet the requirement 2f subparagraph (A) 2f paragraph (2) 2f this subsection with respect !Q an individual if the hospital offers !Q transfer the individual !Q another medical facility i!! accordance with paragraph (5) 2f
this subsection but the individual, Q! !! legally responsible person acting on the individual's behalf, refuses !Q consent !Q the transfer.
(5) If !! patient !!! !! hospital has an emergency medical condition which has not
been stabilized, the hospital !!!!!Y not transfer the patient unless: (A) (i) The patient, Q! !! legally responsible person acting on the patient's
behalf, requests that the transfer be effected; Q!

TUESDAY, FEBRUARY 6, 1990

745

iliL___A physician, Q! other qualified medical personnel when !! physician ~ not
readily available !!! the emergency department, has signed I! certification that, based upon the reasonable risks and benefits !2 the patient, and based upon the information available !!! the time, the medical benefits reasonably expected from the provision Qf appropriate medical treatment !!! another medical facility outweigh the increased risks !2 the individual's medical condition from effecting the
transfer; and (B) The transfer~ I! transfer:
ilL__!!! which the receiving facility:
(I) Has available space and qualified personnel for the treatment Qf the
patient; and
(II) Has agreed !2 accept transfer Qf the patient and !Q provide appropriate
medical treatment; iliL___!!! which the transferring hospital provides the receiving facility with
appropriate medical records, Q! copies thereof, Qf the examination and treatment effected !!! the transferring hospital; and
(iii) In which the transfer ~ effected through qualified personnel and trans-
portation equipment, !! required, including the use Qf necessary and medically
appropriate life support measures during the transfer. 31-8-43. (a) The commissioner of human resources shall adopt state-wide standards
to determine indigency for the purposes of this article, which standards shall be based upon and consistent with 125 percent of the federal poverty level as it exists on May
l-; -1:985 January 1 1990. These standards shall further provide for legal liability, based
upon ability to pay some reasonable percentage of cost of care, for patients and other persons legally liable for the patients' cost of care if those patients or other persons do
not meet the indigency standards based upon less than 100 percent of the federal poverty level but do meet those standards based upon between 100 and 125 percent of the federal poverty level, as such level exists on the effeetive date 6f this s1:1bseetien January 11990.
(b) Within 30 days after receiving the standards provided by the commissioner pursuant to subsection (a) of this Code section, the governing authority of each county, by
resolution, shall designate a person, to be known as the health eare health care advisory officer of the county, to make a determination of indigency for the residents of the county in accordance with the standards promulgated pursuant to subsection (a) of this
Code section. The health eare health care advisory officer shall carry out such additional duties as may be assigned to him by the governing authority of the county. It shall be the duty of the governing authority of each county to mail a copy of such resolution to
the commissioner or the commissioner's designee within 15 days after its adoption. The governing authority of any county may change the person designated as the health eare
health care advisory officer, but any such change shall be accomplished by resolution of the governing authority, and a copy of the resolution making such change shall be
mailed to the commissioner or the commissioner's designee within 15 days after its adoption. If a county fails or refuses either to designate a health eare health care advis-
ory officer or to provide to the commissioner or the commissioner's designee the required notification of the county's designation of such officer, the county governing
authority shall be deemed to be such officer for purposes of this article. (c) When a patient receives emergency health care from a hospital or physician,
which care that hospital is required to provide the patient under Code Section 31-8-42, and when such patient claims indigency, the chief administrative officer of the hospital shall determine whether any portion of the cost of serviees care may be paid by the
medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any other governmental or public agency pursuant to any federal, state, or local program and provide written notification of such determination to the
health eare health care advisory officer of the county of residence of the patient. Such notification shall include a certification by the chief administrative officer of the hospi-
tal that an appropriate investigation has been made and that it has been determined that no portion of the cost of serviees care may be paid by the medical assistance program for the needy under Title XIX of the Social Security Act, by insurance, or by any

746

JOURNAL OF THE HOUSE,

other governmental or public agency pursuant to any federal, state, or local program or a certification that an appropriate investigation has been made and that a portion of the cost of serviees care may be paid from such sources. If it is determined that a portion of the cost of serviees care may be paid from such sources, then the notification shall
include a certification of the amount which may be so paid. Such notification shall also request a determination of indigency of the patient.
(d) As soon as practicable after receiving l!tleh !! notification pursuant to subsection (c) of this Code section but not later than 60 days thereafter, the health eare health care
adviSory officer of the county shall notify the chief administrative officer of the hospital 6f his determiHatieH. If the health eare ftdvis6ry effieer determiHes that regarding whether the patient meets the iHdigeHe:,; staHdards 61' if who was named in the notifica-
tion ~ indigent. !f the health eare health care advisory officer-----;;racounty: fails t6
respmtd t6 8 reqtteSt fer 8 determiHatieH 6f iHdigeHe~ fr6m 8 fl6spit8l previdiHg health esre fer l!tleh p8tieHt withiH the time limitatieH pre;ided by this sebseetieH,
(1) Determines that the patient ~ indigent; Q!
(2) Within 60 days after receiving notification pursuant !Q subsection (c) Qf this Code section ~ unable !Q make !! determination Qf indigency Q! fails !Q respond !Q !!
request for such determination, the county of residence of the patient shall be liable for the payment of cost of care of such patient in each hospital rendering the emergency serviees health care. In such event, each hospital and physician providing the emergency health care for the patient
may bill the county of residence of the patient for the amount of the patient's cost of
care.
ill It shall be the duty of the governing authority of l!tleh !!!!.Y county liable for P!!Y:
ment Qf cost Qf care Qf!! patient under subsection (d) Qf this Code section to pay the
hospital and physician that billed the amount pltis, if billed for that care. !f that billed
amount is not paid by the county within 120 days after the mailing of a request for a
determination of indigency, the county shall also be liable for interest on the billed
amount at the legal rate Qf interest specified in GOOe Seetffift 48-B-4G fer ttHpftitl tMes Code Section 7-4-2. !f that billed amount~ interest~ not paid within 180 days after the mailing Qf !! request for !! determination Qf indigency and an action !Q recover such amounts ~ filed !!:! !! court having jurisdiction, that court !!!!!Y award such billed amount upon !! proper showing Qf the county's liability therefor and !!!!!Y also award !! penalty
Qf double the billed amount ~ reasonable attorneys' fees and court costs. Except for
payments !Q hospitals operated _Qy !! hospital authority created !!:! whole Q! ~ _Qy the
P!!Yh!g county, !! county shall P!!Y those valid bills from hospitals and physicians for
health care services provided under this article !!:! the chronological order that such bills
were received _Qy the county until its liability under this article ~ satisfied.
W ill To the end that the certifications of indigency required by subsection W (d)
of this Code section may be expedited, it shall be the duty of each county health eare
health care advisory officer to establish and maintain files showing the names of county residents whom that officer has determined to be indigent.
W fg1 It shall be the duty of the commissioner to devise such standard forms as
may be necessary or desirable to administer this Code section uniformly. It shall be the duty of counties, health eare health care advisory officers, and hospitals to use the forms
promulgated by the commissioner pursuant to this subsection.
#1 ill To the extent practicable and consistent with appropriate health care, the
commissioner and the health eare health care advisory officer shall encourage the use of
hospitals located in the county of residence of the pregHaHt W6fft8ft patient.
31 8 43.1 31-8-44. (a) A patient who receives serviees care under this article shall, by accepting such serviees care, be deemed to have agreed to=-
(1) Be liable to any county which pays all or any part of that patient's cost of care
for the entire amount so paid by that county, except that a patient who meets the
indigency standards based upon 100 to 125 percent of the federal poverty level shall be liable for an amount which is the greater of $100.00 or the reasonable percentage
of costs for which the patient is liable under subsection (a) of Code Section 31-8-43 and a patient who meets the indigency standards based upon less than 100 percent

TUESDAY, FEBRUARY 6, 1990

747

of the federal poverty level shall be liable for $100.00 of those costs, but liability under this subsection shall never exceed the county's payments for cost of care;
(2) Have made an assignment to that county paying any part of that patient's cost of care for any benefits for such care for which the patient is eligible from a third party up to the amount actually paid and cooperate with the county in obtaining any such benefits to repay the county;
(3) Cooperate with any county paying any part of that patient's cost of care in identifying the father of a child delivered to the patient by a hospital acting in compliance with this article and in seeking to obtain from such father repayment of that portion of the county's payment which, under the indigency standards, that father is able to repay; and
(4) Cooperate with any county paying any part of that patient's cost of care in providing financial and other appropriate information required for determining indi-
gency and !!! applying and qualifying for the medical assistance program for the needy
under Title XIX of the Social Security Act or any other federal, state, or local governmental program for which the patient may be eligible.
(b) The failure of a patient to cooperate as required by paragraphs (2), (3), and (4) of subsection (a) of this Code section shall render the patient and any person liable for other expenses of the patient, including but not limited to the parents of a minor patient and the spouse of a patient, liable to the county for all payments which that county makes for the patient's cost of care. Failure of a patient to cooperate as required by paragraphs (2), (3), and (4) of subsection (a) of this Code section shall not be a valid ground upon which !Q determine that !! patient ~ not indigent ttl deey ihe paiieftt Set'viees 6then ise ~ ttl be pr6.-ided ttHtlef this !H'ti:ele ttftless ihe paiieftt at ihe time 6f admissi6n refuses ttl sign a d6etiment, in stteh f6flft ftS ihe e6mmissi6ner shall prescribe 8ftd pi'6Vide, aekn6wledging n6tifieati6n that ihe patient's reeei.ing serviees shall
e6nstittite 8ft agreement ttl ihe terms 6f paragraphs fB thr6tigh f# 6f stibseeti6n W 6f
this GOOe seetitm ttftless waived by ihe eoonty health eare atlvisMy tlffieer.
(c) &eept ftS pr6>ided in stibseeti6n W 6f this GOOe seeti6n; ihe The father of a
patient's child who is delivered by a hospital as required by this article and any other person legally responsible for other expenses of the patient shall be liable to the county which pays the patient's cost of care to the same extent the patient is liable therefor under paragraph (1) of subsection (a) of this Code section. This obligation to make repayment shall be in addition to any other obligation imposed by law.
(d) The county may bring a civil action to recover, from any person liable therefor under this Code section, those payments which the county has made for a patient's cost of care to the extent of the liability imposed by this Code section but in no event may recover more than the county paid for such costs of care.
(e) A county or any person aggrieved by any determination under this article that Stieh eotmty 6F pers6ft is liable fur tt patient's e68t ef ettre may bring a de novo civil action in superior court challenging that determination.
fH-..8-44 31-8-45. No physician, nurse, or other stteh medical assistant, nor the hospi-
tal or any of its agents or employees shall be guilty of malpractice or civilly liable there-
for for treatment rendered care provided under this ttrtiele subsection (a) Qf Code
Section 31-8-42 unless the physician, nurse, or other medical assistant, or the hospital,
its agent, or employee has been grossly negligent in the provision of such serviees care
or has willfully failed to comply with the provisions of this !H'ti:ele subsection (a) Qf Code
Section 31-8-42. No action shall be brought in connection with treatment care rendered
under this artiele subsection !!!l Qf Code Section 31-8-42 without a specific allegation of
gross negligence or willful failure to comply.
31-8-45 31-8-46. If a hospital fails or refuses to provide treatment 6F serviees care
pursuant to the provisions of Code Section 31-8-42, a person aggrieved by such failure
or refusal shall have a cause of action against the hospital for damages and for such
6iher equitable relief as the court having jurisdiction of the action deems proper. No
person shall be prohibited from maintaining such an action for failure to exhaust any
rights to administrative relief.

748

JOURNAL OF THE HOUSE,

3-i-=8-=46 31-8-47. (a) If the department receives notice that a violation by a hospital of Code Section 31-8-42 is in progress, the department shall immediately order an investigation to determine whether or not there has been a violation and upon finding that a violation has occurred shall immediately order the hospital to comply with that Code section.
(b) If a hospital violates Code Section 31-8-42, the department shall assess a civil penalty of $500.00 for each such violation. Any such civil penalty shall be imposed by the department only after notice and hearing as provided in Article 1 of Chapter 5 of this title. Any person or facility subject to a civil penalty under this Code section is entitled to judicial review in accordance with Article 1 of Chapter 5 of this title. All civil penalties recovered by the department under this Code section shall be paid into the general fund of the state treasury.
(c) Any hospital held to be in violation of Code Section 31-8-42 more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Human Resources.
(d) The Department of Human Resources is authorized and directed to promulgate appropriate rules and regulations for the enforcement of this article.
(e) Nothing in this article shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided by or under any other law.
31-8-48. In addition !2 !!!!Y other tax levied Q! authorized !2 be levied,~ county !!!!!Y
~ an ad valorem tax Qf one mill and !!!!!Y allocate the proceeds Qf that Q! !!!!Y other
tax !2 provide emergency health care !2 its indigent residents. The total liability under
this article Qf each county for the provision Qf emergency health care for its indigent residents for !!!!Y ~ shall not exceed the amount which could be derived from such ~one mill ad valorem tax~ for that year, regardless Qf whether that amount~ actu-
!illY derived from that tax Q! !!!!Y other tax; provided, however, such liability shall be reduced !!! an amount equal !2 the annual amount collected for hospital purposes under
the special purpose sales and use tax levied under Article _;! Qf Chapter ~ Qf Title 48. Amounts paid for interest, penalties, attorneys' fees, Q! court costs under subsection (e) Qf Code Section 31-8-43 shall be disregarded!!! determining whether the county has satisfied its liability under this Code section, but ~ county's payment each year Qf the .P!Q:
ceeds Qf an ad valorem tax Qf !!! least one mill !2 hospitals for emergency health care
for its indigent residents shall be included !!! determining whether the county has satis-
fied that liability. Nothing !!! this Code section shall be construed !2 be !! limitation upon !!_ county's authority !2 ~ ~ tax Q! spend for !!!!Y health care services an amount
greater than that required Qy this Code section. ~ county shall not satisfy its liability under this article Qy making lump sum payments, aggregate payments, Q! prepayments
!2 !!!!Y hospital located outside such county, nor Qy entering into an exclusive contract
with !!!!Y such hospital, unless such hospital ~ owned Q! operated Qy ~ hospital authority created!!! whole Q! ~ Qy the~ county."
Section 2. For purposes of promulgating regulations, standards, and forms, this Act shall become effective upon its approval by the Governor or upon its becoming law without that approval. For all other purposes, this Act shall become effective September 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 118th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning.

Representative Coleman of the 118th withdrew his motion to adjourn.

Representative Coleman of the 118th moved that the House reconsider its action in ordering the previous question.
On the motion, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 6, 1990

749

N Aaron N Abernathy
N Adams N Aiken
Alford EAllen Y Athon N Atkins Y Bailey
N Baker Y Balkcom
N Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
N Bates Beck
N Benefield Benn
Y Birdsong N Bishop
Bostick Y Branch
Y Breedlove N Brooks NBrown N Buck N Buford Y Byrd
N Campbell Y Carrell Y Carter N Chambless Y Chance N Cheeks

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

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

N McKinney,B
N McKinney,C Meadows
NMilam Y Mobley Y Moody
N Morton Y Moultrie N Mueller Y Oliver,C N Oliver,M Y Orr
N Orrock N Padgett N Pannell Y Parham Y Parrish Y Patten Y Pettit N Pinkston N Poag Y Porter
N Poston Y Powell
E Randall N Ransom YRay Y Reaves N Redding N Richardson Y Ricketson N Robinson y Royal
YSelman N Simpson N Sinkfield

Y Smith,L N Smith,P Y Smith,T Y Smith,W N Smyre NSnow Y Stancil,F N Stancil,S Y Stanley
N Steele N Stephens
Y Streat N Teper Y Thomas,C NThomas,M
Thompson NThurmond Y Titus N Tolbert N Townsend Y Twiggs
Y Vaughan Y Waddle N Walker,C
Y Walker,L N Wall YWare Y Watson
Y Watts White
N Wilder NWilliama,B
Williams,J Y Yates N Yeargin
Murphy,Spkr

On the motion, the ayes were 83, nays 82. The motion prevailed.

Representative Coleman of the 118th moved that HB 597 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy N Adams N Aiken
Alford E Allen
N Athon N Atkins N Bailey N Baker Y Balkcom N Bannister
Y Barfoot Y Bargeron Y Barnett,B N Barnett,M
N Bates Beck
N Benefield
Benn Y Birdsong N Bishop
Y Bostick Y Branch Y Breedlove N Brooks N Brown N Buck Y Buford Y Byrd

N Campbell
Y Carrell
Y Carter N Chambless Y Chance N Cheeks
N Childers N Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell N ConneD N Couch N Crawford Y Crosby
N Cummings,B N Cummings,M
Y Davia,C N Davis,G Y Davia,M N Dixon,H
E Dixon,S y Dobbs
Y Dover YDunn
N Edwards YEhrhart N Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Y Foster
N Godbee N Goodwin E Green Y Greene
N Gresham NGriffin
Y Groover N Hamilton Y Hanner
YHarris Y Hasty
N Heard N Herbert N Holcomb Y Holland NHolmes YHooks N Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnaon Y Jones

N Kilgore
N Kingston Y Lane,D N Lane,R Y Langford N Lawrence Y Lawson NLee N Linder NLong
Lord Lucas
N Lupton y Mangum
N Martin Y McCoy Y McDonald N McKelvey N McKinney,B N McKinney,C
Meadows y Milam
Y Mobley Y Moody
N Morton Y Moultrie
N Mueller Y Oliver,C
N Oliver,M YOrr

N Orrock N Padgett
N Pannell NParham Y Parrish Y Patten Y Pettit N Pinkston N Poag
Y Porter N Poston YPowell
E Randall N Ransom YRay Y Reaves N Redding N Richardson
N Ricketson N Robinson y Royal
N Selman N Simpson N Sinkfield Y Smith,L N Smith,P Y Smith,T Y Smith,W N Smyre YSnow

750

JOURNAL OF THE HOUSE,

Y Stancil,F Y Stancil,S N Stanley
N Steele N Stephens Y Streat

N Teper
Y Thomas,C N Thomas,M
N Thompson Thurmond
Y Titus

N Tolbert
N Townsend y Twiggs
N Vaughan Y Waddle N Walker,C

Y Walker,L N Wall YWare Y Watson N Watts
Wbite

On the motion, the ayes were 79, nays 87. The motion was lost.

N Wilder N Williarns,B
Williarns,J Y Yates N Yeargin
Murphy,Spkr

The following amendment was read and adopted:

Representatives Crawford of the 5th, McCoy of the 1st, Poston of the 2nd and Snow of the 1st move to amend the Committee substitute to HB 597 by adding after the period on line 22 of page 19 the following:
"!f !I county has agreed with !!!!.)' hospital authority _!2 pledge that county's full faith and credit for the payment Qf !!!!.)' debt Q! bonds Qf that hospital _!!! order .!2 discharge that county's obligation !2 P!lY for indigent care for its residents, that agreement shall fullfil! that county's liability imposed Qy this article !2 provide Q! Q!!Y for emergency
health care for indigent residents.".

The following amendment was read and withdrawn:

Representative Childers of the 15th, et a!. move to amend the Committee substitute to HB 597 as follows:
Delete Section 2 on page 20 lines 8-12 and substitute in lieu thereof:
"This Act shall become effective only after adoption by a majority of those voting in the 1990 General election."

The following amendment was read and lost:

Representative Breedlove of the 60th moves to amend the Committee substitute to HB 597 as follows:
Page 19 strike lines 8-34 and page 20 strike lines 1-7.

Representative Chambless of the 133rd moved that further consideration of HB 597 be suspended in order that his amendment could be printed and distributed.

The motion prevailed.

The following amendment was read:

Representative Chambless of the 133rd moves to amend the Committee substitute to HB 597 by adding after the second semicolon on line 29 of page 1 the following:
"to provide for a referendum election to determine the effectiveness of the foregoing;".
By striking Section 2 and inserting in its place a new Section 2 to read as follows:
"Section 2. The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act on the date of and in conjunction with the 1990 general election. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two

TUESDAY, FEBRUARY 6, 1990

751

weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:

'( ) YES ) NO

Shall the Act be approved which requires hospitals to provide emergency medical treatment and provides for the payment of the costs of emergency medical treatment provided to an indigent person to be made by a county in which such person resides.?'

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, then Section 1 of this Act shall become effective January 1, 1991, for purposes of promulgating regulations, standards, and forms and shall become effective for all other purposes on July 1, 1991. Otherwise, Section 1 of this Act shall not become effective."

The following amendment was read:

Representatives Coleman of the 118th, Walker of the 115th and Groover of the 99th move to amend Chambless' amendment to the Committee substitute to HB 597 as follows:

By striking lines 19 thru 26 and substituting in lieu thereof:

'( ) YES ) NO

Shall the Act be approved which requires a county to levy an ad valorem tax of up to one mill for the purpose of payment of the ' costs of emergency medical treatment provided to an indigent person who is a resident of the county in which the tax is to be levied and paid to a hospital in the county where the treatment is rendered?'

Representative Coleman of the 118th moved the "ayes" and "nays" on the adoption of the Coleman amendment.
On the motion, the ayes were 23, nays 93.
The call was sustained.

On the adoption of the Coleman amendment to the Chambless amendment, the vote was as follows:

N Aaron N Abernathy Y Adams,M N Aiken
Alford Allen N Atbon N Atkins N Bailey
N Baker Y Balkcom N Bannister Y Barfoot
N Bargeron Y Barnett,B
N Barnett,M N Bates Y Beck N Benefield N Benn N Birdsong N Bishop
Y Bostick Y Branch

Y Breedlove N Brooks
N Brown
N Buck N Buford Y Byrd N Campbell Y Carrell
Y Carter N Chamblesa Y Chance N Cheeks N Childers N Clark,B N Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell N Couch N Crawford Y Crosby Y Cummings,B N Cummings,M

Y Davis,C N Davis,G Y Davis,M N Dixon,H
E Dixon,S
Y Dobbs Y Dover
YDunn Y Edwards YEhrbart N Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee N Goodwin Y Green
Greene NGresham Y Griffin
Y Groover N Hamilton Y Hanner

Y Harris Y Hasty Y Heard
Y Herbert N Holcomb Y Holland N Holmes YHooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkina N Johnson Y Jones Y Kilgore N Kingston
Y Lane,D Y Lane,R Y Langford N Lawrence

Y Lawson YLee N Linder
NLong
Lord Lucas Lupton N Mangum N Martin
Y McCoy Y McDonald Y McKelvey N McKinney,B N McKinney,C
Meadows YMilam Y Mobley Y Moody N Morton Y Moultrie N Mueller
Y Oliver,C N Oliver,M N Orr

752

JOURNAL OF THE HOUSE,

N Orrock N Padgett N Pannell Y Parham Y Parrish
Patten
N Pettit N Pinkston YPoag
Y Porter Y Poston Y Powell

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

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W N Smyre Y Snow Y Stanci~F Y Stancil,S N Stanley N Steele N Stephens
Y Streat

N Teper NThomas,C
NThomas,M YThompson
NThurmond Y Titus N Tolbert N Townsend y Twiggs N Vaughan
Y Waddle N Walker,C

On the motion, the ayes were 91, nays 76. The amendment was adopted.

Y Walker,L N Wall YWare Y Watson Y Watts
White N Wilder NWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

N Aaron N Abernathy
N Adams N Aiken
Alford Allen N Athon N Atkins Y Bailey N Baker Y Balkcom Y Bannister N Barfoot N Bargeron N Barnett,B Y Barnett,M
N Bates N Beck Y Benefield Y Benn N Birdsong N Bishop
N Bostick N Branch N Breedlove
Y Brooks N Brown N Buck N Buford N Byrd N Campbell N Carrell N Carter Y Chambless
Y Chance N Cheeks

Y Childers
N Clark,B Y Clark,H N Clark,L N Coleman Y Colwell N Connell Y Couch N Crawford Y Crosby Y Cummings,B Y Cummings,M N Davis,C N Davis,G N Davis,M Y Dixon,H E Dixon,S Y Dobbs Y Dover NDunn N Edwards N Ehrhart N Felton N Fennel N Floyd,J.M N Floyd,J.W Y Foster N Godbee
Y Goodwin E Green N Greene N Gresham Y Griffin N Groover Y Hamilton N Hanner

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

Y McKinney,B Y McKinney,C
Meadows Y Milam N Mobley N Moody
N Morton Y Moultrie N Mueller Y Oliver,C
Y Oliver,M N Orr Y Orrock N Padgett Y Pannell YParham N Parrish
Patten N Pettit Y Pinkston N Poag
N Porter N Poston N Powell
Randall N Ransom NRay N Reaves y Redding N Richardson N Ricketson N Robinson N Royal N Selman N Simpson N Sinkfield

N Smith,L Y Smith,P N Smith,T N Smith,W N Smyre
NSnow N Stancil,F N Stancil,S N Stanley N Steele N Stephens N Streat Y Teper NThomas,C Y Thomas,M N Thompson
NThurmond Y Titus N Tolbert Y Townsend y Twiggs
N Vaughan NWaddle N Walker,C N Walker,L
NWall YWare N Watson
N Watts White
N Wilder NWilliams,B
Williams,J
N Yates N Yeargin
Murphy,Spkr

On the adoption of the amendment, as amended, the ayes were 53, nays 114. The amendment was lost.

The Committee substitute, as amended, was adopted.

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

Y Aaron Y Abernathy N Adams Y Aiken
Alford Allen Y Athon Y Atkins N Bailey Y Baker N Balkcom Y Bannister N Barfoot N Bargeron N Barnett,B Y Barnett,M Y Bates N Beck Y Benefield Y Benn N Birdsong Y Bishop Y Bostick N Branch
N Breedlove Y Brooks Y Brown Y Buck Y Buford N Byrd
Y Campbell N Carrell
N Carter Y Chambless Y Chance Y Cheeks

TUESDAY, FEBRUARY 6, 1990

Y Childers Y Clark,B Y Clark,H N Clark,L N Coleman N Colwell Y Connell Y Couch Y Crawford N Crosby
N Cummings,B Y Cummings,M N Davis,C
Y Davis,G N Davis,M Y Dixon,H E Dixon,S Y Dobbs
N Dover NDunn N Edwards Y Ehrhart Y Felton N Fennel N Floyd,J.M N Floyd,J.W N Foster N Godbee Y Goodwin E Green
N Greene Y Gresham N Griffin N Groover Y Hamilton N Hanner

N Harris
N Hasty N Heard Y Herbert N Holcomb N Holland Y Holmes
NHooks Y Howren N Hudson N Irwin N Iaakson
N Jackson,J N Jackson,W N Jamieson
N Jenkins Y Johnson N Jones Y Kilgore Y Kingston
N Lane,D N Lane,R N Langford
Y Lawrence N Lawson NLee Y Linder Y Long
Lord
Lucas
Lupton N Mangum Y Martin N McCoy
N McDonald Y McKelvey

Y McKinney,B
Y McKinney,C
Meadows NMilam N Mobley Y Moody
N Morton N Moultrie Y Mueller N Oliver,C Y Oliver,M N Orr
Y Orrock Y Padgett Y Pannell YParharn N Parrish
Patten
N Pettit Y Pinkston N Poag N Porter N Poston N Powell
Randall Y Ransom NRay
N Reaves Y Redding
Y Richardson N Ricketson
Y Robinson N Royal N Selman Y Simpson Y Sinkfield

753
N Smith,L Y Smith,P N Smith,T N Smith,W Y Smyre NSnow N Stancil,F N Stancil,S Y Stanley Y Steele Y Stephens N Streat Y Teper NThomas,C YThomas,M N Thompson Y Thurmond N Titus Y Tolbert Y Townsend NTwiggs Y Vaughan N Waddle Y Walker,C N Walker,L YWall NWare N Watson NWatts
White Y Wilder Y Williarns,B
Williams,J N Yates
Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 78, nays 88.
The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

Representative Childers of the 15th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 597.

By unanimous consent, HB 527, previously postponed, was again postponed until tomorrow.

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 State Institutions and Property:

HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00.

The following Resolution of the House was read:

754

JOURNAL OF THE HOUSE,

HR 784. By Representatives Isakson of the 21st, Clark of the 20th, Felton of the 22nd and Campbell of the 23rd:
A resolution commending Honorable Ronald Reagan.

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

N Aaron Y Abernathy
Y Adams Y Aiken
Alford Allen Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Benefield Benn Y Birdsong Bishop Y Bostick Y Branch
Y Breedlove Y Brooks
Brown Y Buck Y Buford
Byrd YCampbell
Carrell
Y Carter Chambless
Y Chance N Cheeks

Y Childers
, Y Clark,B . Clark,H
Y Clark,L Y Coleman
Colwell Connell Y Couch Crawford Y Crosby Y Cummings,B Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
E Dixon,S y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin E Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

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

McKinney,B McKinney,C
Meadows Milam Mobley Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Orr Y Orrock Y Padgett Y Pannell Parham Y Parrish Patten
Pettit Pinkston y Poag
Y Porter N Poston Y Powell
Randall N Ransom y Ray
Y Reaves N Redding Y Richardson
Ricketson Y Robinson y Royal
Selman N Simpson
Sinkfield

On the adoption of the Resolution, the ayes were 110, nays 12.

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

The Resolution, having received the requisite constitutional majority, was adopted.
Representative Fennel of the 155th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Ransom of the 90th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 7, 1990

755

Representative Hall, Atlanta, Georgia Wednesday, February 7, 1990

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 Earle H. Ifill, Pastor, Cosmopolitan AME Church, Atlanta, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1743. By Representative Randall of the 101st: A bill to amend Code Section 15-9-121 of the Official Code of Georgia Annotated, relating to jury trials in civil cases in probate court, so as to provide that a party may make written demand for a jury trial within 30 days after filing the first pleading of the party or within 15 days after the filing of the first pleading of an opposing party.
Referred to the Committee on Special Judiciary.
HB 1744. By Representative Randall of the 101st: A bill to amend Code Section 53-7-30 of the Official Code of Georgia Annotated, relating to administrators' bond and security, so as to authorize the judge of the probate court to waive bond requirements for administrators under certain circumstances.
Referred to the Committee on Special Judiciary.

756

JOURNAL OF THE HOUSE,

HB 1745. By Representatives Greene of the 130th, Streat of the 139th, Byrd of the 153rd, Fennel of the 155th and Holcomb of the 72nd:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to deductions from the salaries of public officers and employees, so as to authorize such deductions for disbursement to charitable or religious organizations, associations, or institutions; to provide that no public employer shall incur any liability for errors or omissions in the performance of such duties.
Referred to the Committee on State Planning & Community Affairs.

HB 1746. By Representatives Patten of the 149th, Dobbs of the 74th and Porter of the 119th:
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 additional definitions; to provide for the preparation of hazardous waste reduction plans by hazardous waste generators and for biennial progress reports in connection therewith.
Referred to the Committee on Natural Resources & Environment.

HB 1747. By Representative Pinkston of the 100th:
A bill to amend Code Section 53-15-3 of the Official Code of Georgia Annotated, relating to the powers of a fiduciary which may be incorporated by reference in a will or trust instrument, so as to provide certain powers relating to environmental risks which may be exercised by a fiduciary and which may be incorporated by reference in a will or trust instrument.
Referred to the Committee on Banks & Banking.

HB 1748. By Representative Richardson of the 52nd:
A bill to amend Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to change legislative intent and findings; to change definitions; to change the provisions relating to membership of the Juvenile Justice Coordinating Council and duties of that council.
Referred to the Committee on Judiciary.

HB 1749. By Representatives Simpson of the 70th, Streat of the 139th, Oliver of the 53rd and Baker of the 51st:
A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the competency of witnesses, so as to provide that victims of the offenses defined in Code Sections 16-5-70, 16-6-2, 16-6-3, 16-6-4, 16-6-5, or 16-6-5.1 who are being interviewed in preparation for trial shall be videotaped; to provide for the admissibility of such testimony and evidence.
Referred to the Committee on Judiciary.

HB 1750. By Representatives Wilder of the 21st, Clark of the 20th, Isakson of the 21st, Aiken of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating a board of elections and registration in Cobb County, so as to authorize the board to employ an attorney.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 7, 1990

757

HB 1751. By Representatives Redding of the 50th, Richardson of the 52nd, Williams of the 54th, Oliver of the 53rd, Davis of the 45th and others:
A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to authorize the board of education to make rules and regulations relating to admission of certain nonresident students in the public schools of the city and to adopt admission policies and establish rates of tuition and tuition credits and work programs with respect to such nonresident students.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing.
Referred to the Committee on Insurance.

HB 1753. By Representatives Dover of the 11th, McKelvey of the 15th and Martin of the 26th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to provide that insurers issuing a workers' compensation insurance policy shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter.
Referred to the Committee on Industrial Relations.

HB 1754. By Representatives Lee of the 72nd and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Olympic Games Authority Act," so as to define and redefine certain terms; to change provisions relating to local and state government entities' participation in authority affairs; to change provisions relating to costs of projects of the authority and what constitutes Olympic games.
Referred to the Committee on State Planning & Community Affairs.

HB 1755. By Representative Edwards of the 112th:
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 findings; to provide for definitions; to prohibit restrictive Medicaid formulas and reimbursements for dangerous drugs; to provide for exemptions; to provide for reimbursement limitations; to provide for a Medicaid Pharmacy Program Committee, its composition, appointment, and purposes.
Referred to the Committee on Health & Ecology.

758

JOURNAL OF THE HOUSE,

HB 1758. By Representatives Bannister of the 62nd, Gresham of the 21st, Barnett of the 59th, Goodwin of the 63rd, Breedlove of the 60th and others:
A bill to amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to provide that such part shall apply to each county in this state.
Referred to the Committee on Motor Vehicles.

HB 1759. By Representatives Bannister of the 62nd, Morton of the 47th, Barnett of the 59th, Breedlove of the 60th and Wall of the 61st:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income so as to reduce the age at which certain taxpayers become eligible to receive an exclusion for certain retirement income.
Referred to the Committee on Ways & Means.
HB 1760. By Representative Pannell of the 122nd:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to provide a period of limitations for department action to recoup or adjust medical assistance payments to enrolled providers of medical assistance for the purpose of recovering payments because of technical errors.
Referred to the Committee on Health & Ecology.
HB 1761. By Representative Green of the 106th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change provisions relating to the compensation and allowances of the chairperson and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1762. By Representative Lupton of the 25th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to exempt sales of tickets, fees, or charges made for admission or participation, including voluntary contributions, to places of amusement, sports, or entertainment, including but not limited to dinners, dances, and other special events or fund raisers, where the entire net proceeds of such ticket sales or admission charges or contributions benefit a church, religious organization, school, parent-teacher organization, or other nonprofit tax-exempt organization or a political organization or candidate for public office.
Referred to the Committee on Ways & Means.

HB 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons owning, leasing, or operating such lines in this state; to provide for the construction and operation of rapid rail passenger service lines generally.
Referred to the Committee on Industry.

WEDNESDAY, FEBRUARY 7, 1990

759

HB 1764. By Representative Lane of the 27th:
A bill to provide a homestead exemption for the homestead of each resident of the City of College Park actually occupied by the owner as a residence and a homestead, but only so long as actually occupied by the owner primarily as such, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in the amount of $40,000.00 of its value.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1765. By Representative Powell of the 145th:
A bill to amend an Act providing a new charter for the City of Norman Park, so as to change the provisions relating to the date of taking office; to reestablish two-year terms of office for the mayor and councilmen; to provide for the date of the regular municipal election.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 778. By Representatives Edwards of the 112th, Dobbs of the 74th, Hooks of the 116th and Adams of the 79th:
A resolution creating the Joint Study Committee on Hazardous Waste Management.
Referred to the Committee on Rules.

HR 779. By Representatives Smith of the 156th, Fennel of the 155th, Walker of the 115th and Coleman of the 118th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a certain beach area, in, on, over, under, across, or through property owned or claimed by the State of Georgia in Glynn County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 785. By Representative Powell of the 145th: A resolution compensating Mr. Harold 0. Day.
Referred to the Committee on Appropriations.

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

HB 1721 HB 1722 HB 1723 HB 1724 HB 1725 HB 1727 HB 1730 HB 1731 HB 1732 HB 1733 HB 1734
HB 1735
HB 1736 HB 1737

HB 1738 HB 1739 HB 1740 HB 1741 HB 1742 HB 1756 HB 1757 HR 776 HR 777 SB 17 SB 439 SB 447 SB 484

760

JOURNAL OF THE HOUSE,

SB 485 SB 551 SB 574 SB 591 SB 598 SB 639

SB 646 SB 647 SB 659 SR 304 SR 363

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

Mr. Speaker:

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

HB 1143 Do Pass HB 1408 Do Pass, by Substitute HB 1430 Do Pass

HB 1516 Do Pass HB 1517 Do Pass

Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Balkcom of the 140th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1412 Do Pass
Respectfully submitted, /s/ Balkcom of the 140th
Chairman

Representative Dover of the 11th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:

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

HB 1210 Do Pass HB 1370 Do Pass HB 1421 Do Pass, as Amended

HB 1530 Do Pass, as Amended HB 1531 Do Pass

Respectfully submitted, /s/ Dover of the 11th
Chairman

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

WEDNESDAY, FEBRUARY 7, 1990

761

Mr. Speaker:

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

HB 1216 Do Pass, by Substitute HB 1527 Do Pass, as Amended HB 1548 Do Pass, by Substitute

HB 1624 Do Pass HB 1698 Do Pass

Respectfully submitted,
Is/ Thomas of the 69th
Chairman

The following Minority Report was received and read:

HB 1698
MINORITY REPORT
Mr. Speaker, this minority report is filed to vote opposition to the Judiciary Committee vote of "Do Pass" to HB 1698.
Is/ Chambless - 133rd

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

SB 248 Do Pass SB 448 Do Pass, as Amended HB 1562 Do Pass HB 1492 Do Pass

HB 1355 Do Pass, by Substitute HB 1555 Do Pass, by Substitute HB 1622 Do Pass, by Substitute HB 1337 Do Pass, as Amended

Respectfully submitted, /s/ Jackson of the 9th
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 478 Do Pass SR 331 Do Pass
Respectfully submitted, /s/ Patten of the 149th
Chairman

762

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 769 Do Pass HR 770 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

Mr. Speaker:

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

HR 729 Do Pass HR 764 Do Pass

SR 335 Do Pass SR 336 Do Pass

Respectfully submitted,
Is/ Colwell of the 4th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1712 Do Pass HB 1714 Do Pass HB 1715 Do Pass HB 1716 Do Pass HB 1717 Do Pass

HB 1718 Do Pass HB 1486 Do Pass HB 1173 Do Pass, by Substitute HB 1402 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 WEDNESDAY, FEBRUARY 7, 1990
Mr. Speaker and Members of the House:

WEDNESDAY, FEBRUARY 7, 1990

763

The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:

HB 1249 HB 1251 HB 1309 HB 1312 HB 1333 HB 1336 HB 1347 HB 1381 HB 1385 HB 1557 HB 1635

Georgia Coordinate System; Applicability Human Resources; Certain Contracts; Amend Provisions Legislative Services Committee; Meetings; Amend Provisions Campaign Contributions; Personal Use; Amend Provisions Land Sales Act; Amend Provisions Campaign Contributions; Public Agencies; Prohibitions Parade/Demonstration Permit; Certain Groups; Restriction Intangible Tax; Returns; Filing Extension Campaign Disclosure; Cert. Contributions; Report Occupation Georgia Aviation Hall of Fame; Membership Trial Judge and Solicitors Retirement; Mandatory Age

HR 692 Joint Outpatient Drug Treatment Study Comm.; Create

Bills and Resolution 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 1402.

By Representative Birdsong of the 104th:
A bill to amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Jones County who is 65 years of age or older a_nd who meets certain income qualifications, so as to increase the maximum amount of income such persons may receive in order to be eligible to receive such exemption.

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

Aaron
Y Abernathy Y Adams Y Aiken Y Alford
E Allen Y Athon
Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Barnett,M Bates
Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks

Y Brown
Y Buck
Buford YByrd
YCampbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch Y Crawford
Crosby
Y Cummings,B Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H

Dixon,S y Dobbs
Y Dover
Y Dunn Edwards
YEhrhart Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Hamilton
Y Hanner
YHarris Y Hasty YHeard
Herbert Y Holcomb Y Holland

Holmes
YHooks YHowren Y Hudson Ylrwin
Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong y Lord
Y Lucas Y Lupton y Mangum

Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows
YMilam Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Y Pinkston y Pnag
Y Porter

764
Y Poston Y Powell
Randall YRansom y Ray Y Reaves Y Redding
Richardson Y Ricketson Y Robinson

JOURNAL OF THE HOUSE,

Y Royal Y Selman
Simpson Sinkfield Smith,L Y Smith,P Y Smith,T Y Smith,W Smyre Y Snow

Y Stancil,F Y Stancil,S
Stanley
Y Steele Stephens
Y Streat Y Teper Y Thomas,C Y Thomas,M Y Thompson

Thurmond
Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L
Y Wall

Ware Y Watson Y Watts
White Wilder YWilliams,B Willia.ms,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1486. By Representative Breedlove of the 60th:
A bill to provide an exemption from City of Buford ad valorem taxes for the full value of the homestead of each resident of the City of Buford who is 65 years of age or older or who is disabled; to provide for an exception with respect to land in excess of one acre.

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

Aaron Y Abernathy
Y Adams Y Aiken Y Alford E Allen Y Athon
Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M
Bates Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck
Buford Y Byrd Y Campbell Y Carrell
Y Carter Chambless
Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch Y Crawford
Crosby
Y Cummings,B
Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Y Dixon,H Dixon,S
Y Dobbs Y Dover YDunn
Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham YGriffin Y Groover
Hamilton
Y Hanner

Y Harris y Hasty
Y Heard Herbert
Y Holcomb Y Holland
Holmes
YHooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord Y Lucas Y Lupton YMangum
Y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell
Randall Y Ransom YRay Y Reaves y Redding
Richardson Y Ricketson
Y Robinson y Royal Y Selman
Simpson Sinkfield

Smith,L
Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
Y Steele Stephens
Y Streat Y Teper
YThomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert
Y Townsend y Twiggs
Y Vanghan Y Waddle
Walker,C Y Walker,L
Y Wall Ware
Y Watson Y Watts
White Wilder YWilliams,B Williams,J
Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

WEDNESDAY, FEBRUARY 7, 1990

765

HB 1173. By Representatives Lane of the 27th and Selman of the 32nd:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, 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; to provide that said board shall be composed of seven individuals; to provide for the method of selection of such individuals and terms for the same; to redefine the status of the executive secretary and employees of the board; to provide for the supervision of the treasurer of such board; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, is further amended by striking therefrom Section 3 in its entirety and substituting in lieu thereof seven new sections which shall be known as Sections 3A, 3B, 3C, 3D, 3E, 3F, and 3G, to read as follows:
"Section 3A. There is established a School Pension Board whose duty shall be to administer the said pension and retirement fund. Said board shall consist of seven members, qualified and chosen as follows:
(1) Two members of the Fulton County Board of Education are to be chosen by the Fulton County Board of Education and to be known as Positions 1 and 2;
(2) One member who shall be an active teacher or employee of the board of education who is a member of the Teachers Retirement System of Georgia as well as a participant in this fund, to be known as Position 3. Such member shall be elected by active teachers and employees of the board of education who are members of the Teachers Retirement System of Georgia, as well as participants in this fund. The member of the pension board holding such position on the effective date of this section may continue to hold such position until April 30, 1992, provided such person remains otherwise qualified;
(3) One member who shall be an active employee of the board of education who is a participant in the fund and who is not a member of the Teachers Retirement System of Georgia, to be chosen by active employees of the board of education who are participants in the fund and who are not members of the Teachers Retirement System of Georgia and to be known as Position 4;
(4) One member selected by the other six members of the pension board, but in case of a tie vote by the other members of the pension board, the Fulton County legislative delegation who are qualified shall appoint such member to be known as Position 5. Such member, regardless of the manner in which he or she is selected, shall not be a current member of this fund or a current or former teacher or employee of said board of education or a member of the General Assembly but shall be a citizen of Fulton County with substantial prior experience in financial and investment matters; and
(5) Two members who shall be former teachers or employees of the board of education who shall be receiving a pension benefit from the fund, to be chosen by individuals receiving a pension from the fund and to be known as Positions 6 and 7.

766

JOURNAL OF THE HOUSE,

Section 3B. (a) Except as hereafter provided in this section, said members shall hold office for a term of four years and until their successors have been duly elected and qualified.
(b) Within 60 days following the effective date of this Act, new members of the board shall be elected for Position 4 with a term ending April 30, 1993; for Position 6 with a term ending April 30, 1994; and for Position 7 with a term ending April 30, 1992.
(c) Subject to the provisions of Section 3A of this Act, in the event of the death, resignation, or other disability of a pension board member which renders him or her incapable of performing the duties of a pension board member during his or her term of office, said member's replacement shall be selected in the manner specified in Section 3A of this Act for such position to serve the remaining balance of such term of office.
Section 3C. The said pension board shall elect its own chairperson and secretary and shall hold a regular public meeting at least once a month at a time and place to be fixed by it. The members of the said pension board shall serve without pay. The pension board may employ an executive secretary and other personnel who shall serve at the will of the pension board at salaries to be designated by said pension board. With the consent of the Fulton County Board of Education, such executive secretary shall be treated as an employee of the Fulton County Board of Education for benefits and tax reporting purposes.
Section 3D. The pension board shall have the authority to adopt rules and regulations in the administration of said pension fund in carrying out the provisions of this Act, to reconcile conflicts therein if any should exist, and to provide for the equitable disposition of any matter not specifically covered by the provisions of this Act; provided, however, that all such rules must be consistent with the terms and spirit of this Act.
Section 3E. The administrator of finance for the school system administered by said board of education is designated as treasurer and custodian of said pension fund and shall be subject to the direction of the pension board for the purpose of carrying out his or her duties under this Act. Whenever any pension has been granted by said pension board, a check shall be drawn on the pension fund, providing for the payment of the pension as the same matures, to be signed by the chairperson of said pension board and countersigned and paid by said treasurer.
Section 3F. Four members of said pension board shall constitute a quorum and notice by the secretary shall be given for special or called meetings of the pension board. The chairperson of said pension board shall give a bond with a good corporate surety in the sum of $5,000.00 for his or her faithful performance as chairperson of said pension board and said treasurer shall give a bond with a good corporate surety in the sum of $25,000.00 for the faithful performance as treasurer and custodian of said pension fund. The premiums on such bonds shall be an expense of such pension fund.
Section 3G. Except as otherwise provided in this Act, no member of the pension board or employee of the pension board shall have any personal interest in the gains or profits from any investment made by the pension board or use the assets of the pension fund in any manner, directly or indirectly, for himself or herself or as an agent, except to make such payments as are authorized by the pension board in accordance with this Act."
Section 2. This Act shall become effective on July 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 roll call was ordered and the vote was as follows:

Aaron Y Abernathy
Y Adams

Y Aiken Y Alford EAllen

Y Athon
Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

WEDNESDAY, FEBRUARY 7, 1990

767

Barnett,M
Bates Y Beck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Buck Buford
Y Byrd Y Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H
Y Clark,L Coleman
Y Colwell Y Connell
Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M

Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Dixon,S
Y Dobbs Y Dover YDunn
Edwards YEhrhart
Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham YGriffin Y Groover
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
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder Y Long
Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody

Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell
Randall Y Ransom YRay Y Reaves y Redding
Richardson
Y Ricketson Y Robinson y Royal
Y Selman Simpson
Sinkfield Smith,L Y Smith,P Y Smith,T

YSmith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele
Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L
Y Wall Ware
Y Watson Y Watts
White Wilder YWilliams,B 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.

HB 1712.

By Representative Heard of the 43rd:
A bill to amend an Act incorporating Peachtree City, so as to change the date of the municipal general election and provide for staggered two-year terms of office for the mayor and councilmen 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 roll call was ordered and the vote was as follows:

Aaron Y Abernathy
Y Adams Y Aiken Y Alford
E Allen Y Athon
Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M
Bates y Beck
Y Benefield Y Benn Y Birdsong Y Bishop

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

Y Crawford Crosby
Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Dixon,S Y Dobbs
Y Dover YDunn
Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green

Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner YHarris Y Hasty Y Heard
Herbert
Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson
Ylrwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins

Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder y Loug y Lord
Y Lucas Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C

768

JOURNAL OF THE HOUSE,

Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham

Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell
Randall Y Ransom YRay Y Reaves Y Redding
Richardson

Y Ricketson Y Robinson y Royal
YSelman Simpson
Sinkfield Smitb,L Y Smith,P Y Smith,T Y Smith,W Smyre Y Snow Y Stancil,F Y Stancil.S

Stanley Y Steele
Stephens
Y Streat Y Teper
YThomas,C YThomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan

Y Waddle Walker,C
Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williama,B Williams,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1714. By Representative Crawford of the 5th:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Chattooga County Hospital Authority, so as to change the method of filling such 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 roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken Y Alford EAllen Y Athon
Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Bates
Y Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Buck
Buford Y Byrd YCampbell Y Carrell Y Carter
Chambless Y Chance
Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Dixon,S Y Dobbs Y Dover YDunn
Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green
Y Greene Y Gresham YGriffin Y Groover
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
Jackson,W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson y Lee
Y Linder Y Long Y Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell
Randall
YRansom YRay Y Reaves y Redding
Richardson Y Ricketson Y Robinson y Royal y Selman
Simpson
Sinkfield

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

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 7, 1990

769

HB 1715.

By Representative Crawford of the 5th:
A bill to amend an Act providing that the judge of the Probate Court of Chattooga County shall serve as chief magistrate of said county, so as to provide that as of a certain date the judge of the probate court shall no longer serve as chief magistrate; to provide for the initial appointment of the chief magi-strate by the judges of the superior courts of the Lookout Mountain Judicial Circuit.

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

Aaron Y Abernathy Y Adams Y Aiken Y Alford EAllen Y Athon
Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M
Bates Y Beck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck
Buford Y Byrd
Y Campbell Y Carrell
Y Carter Chambless
Y Chance Y Cheeks

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

Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes YHooks 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 YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell
Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal
Y Selman
Simpson Sinkfield

Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre Y Snow Y Stancii,F Y Stancii,S
Stanley
Y Steele Stephens
Y Streat Y Teper Y Thomas,C YThomas,M
Y Thompson Thurmond
Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder YWilliams,B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1716.

By Representative Crawford of the 5th:
A bill to amend an Act creating the office of commissioner of Chattooga County, so as to provide for 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 roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams

Y Aiken Y Alford E Allen

Y Athon
Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

770

JOURNAL OF THE HOUSE,

Barnett,M
Bates y Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck
Buford Y Byrd Y Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H
Y Clark,L Coleman
Y Colwell Y Connell
Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M

Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Dixon,S Y Dobbs
Y Dover YDunn
Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee YGoodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren

Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson
YLee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody

Y Morton Y Moultrie
Y Mueller Y Oliver,C
Oliver,M Y Orr
Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell
Randall YRansom YRay
Y Reaves Y Redding
Richardson Y Ricketson Y Robinson y Royal
Y Selman Simpson Sinkfield
Smith,L Y Smith,P Y Smith,T

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

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1717.

By Representative Stancil of the 66th:
A bill to amend an Act creating the office of tax commissioner of Morgan County, so as to change the compensation of the tax commissioner.

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

Aaron Y Abernathy Y Adams Y Aiken Y Alford EAllen Y Athon
Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B
Barnett,M Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove

Brooks Y Brown Y Buck
Buford Y Byrd Y Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davis,G

Y Davis,M Y Dixon,H
Dixon,S Y Dobbs Y Dover YDunn
Edwards YEhrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham YGriffin Y Groover
Hamilton Y Hanner Y Harris Y Hasty Y Heard

Herbert
Y Holcomb Y Holland
Holmes YHooks Y Howren
Y Hudson Ylrwin
Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder Y Long

Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish

WEDNESDAY, FEBRUARY 7, 1990

771

Y Patten Y Pettit Y Pinkston Y Poag
Y Porter Y Poston Y Powell
Randall Y Ransom y Ray
Y Reaves

Y Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selman
Simpson Sinkfield Smith,L Y Smith,P Y Smith,T

Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele
Stephens Y Streat Y Teper YThomas,C

YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L

YWaU Ware
Y Watson Y Watts
White Wilder YWilliams,B Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1718. By Representative Smith of the 156th:
A bill to provide for the appointment of the county school superintendent of Mcintosh County by the board of education of Mcintosh County; to provide that the current school superintendent shall serve out the term of office to which he was elected.

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

Aaron Y Abernathy
Y Adams Y Aiken Y Alford E Allen Y Athon
Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Buck Buford
Y Byrd YCampbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H
Y Clark,L Coleman
Y Colwell Y Connell
Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Dixon,S Y Dobbs Y Dover YDunn
Edwards Y Ehrhart
Felton Y Fennel YFloyd,J.M Y Floyd,J.W Y Foster y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner

YHarris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston YPowell
Randall Y Ransom YRay
Y Reaves y Redding
Richardson Y Ricketson Y Robinson y Royal y Selman
Simpson
Sinkfield

Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Stephens
Y Streat Y Teper YThomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall
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 144, 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:

772

JOURNAL OF THE HOUSE,

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

SB 499. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use.

SB 519. By Senators Edge of the 28th, Dawkins of the 45th and Howard of the 42nd:
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 the preparation of hazardous waste reduction plans by hazardous waste generators and for annual progress reports in connection therewith.

SB 600. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to provide that, except as otherwise provided, any county officer shall be subject to indictment upon being charged with malpractice, partiality, conduct unbecoming the office, demanding excessive costs, or misfeasance or malfeasance in office.

SB 630. By Senators Clay of the 37th, Ragan of the 32nd, Newbill of the 56th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to domestic relations in general, so as to provide that the parties in certain domestic relations actions shall be required to complete a seminar for parents where the interests of children under 18 years of age are involved; to provide for contempt sanctions if a party fails to complete successfully the seminar.

SB 638. By Senator Kidd of the 25th:
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 that if the juvenile court has reasonable grounds to believe that a child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery against an employee or resident of such center, the court shall transfer the offense for prosecution to the appropriate court having jurisdiction.

HB 44. By Representative Buck of the 95th:
A bill to amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivor benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivor benefits.

WEDNESDAY, FEBRUARY 7, 1990

773

HB 436. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Part 4 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain departments in the Employees' Retirement System of Georgia, so as to provide for membership for certain officials and employees of the judicial branch of state government.

HB 761. By Representative Parrish of the 109th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to clarify the provisions relating to the determination of average final compensation.

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.

HB 1131.

By Representatives Dover of the 11th, Kilgore of the 42nd and Irwin of the 13th:
A bill to amend Code Section 21-2-211 of the Official Code of Georgia Annotated, 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.

HB 1154.

By Representative Allen of the 127th:
A bill to amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in or derived from a violation of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the provisions relating to the entry of judgment by default where no defense is filed.

HB 1220.

By Representatives Lawson of the 9th, Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to create The Council of Superior Court Clerks of Georgia; to provide for the composition of the council.

HB 1273.

By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated.

774

JOURNAL OF THE HOUSE,

HB 1277. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 51-1-31 of the Official Code of Georgia Annotated, relating to the liability of certain persons who donate canned or perishable food to charitable or nonprofit organizations for use or distribution, so as to make certain grammatical and editorial changes.

HB 1361. By Representatives Chambless of the 133rd, Thomas of the 69th, Robinson of the 96th and Pannell of the 122nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions of terms used in the "Georgia Business Corporation Code".

HB 1374. By Representatives Walker of the 115th, Reaves of the 147th, Godbee of the llOth, Mangum of the 57th, Thomas of the 69th and others:
A bill to amend Code Section 12-3-472 of the Official Code of Georgia Annotated, relating to creation of the Georgia Agricultural Exposition Authority, so as to change provisions relating to compensation of members of the authority; to make a corresponding amendment to Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions.

SB 590. By Senator Tysinger of the 41st:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to provide for a code of ethics for the members of the governing authority of DeKalb County.

SB 675. By Senator Echols of the 6th:
A bill to amend an Act establishing the State Court of Pierce County, as amended, so as to change the compensation of the judge and solicitor of the state court; to provide an effective date.

HB 1140. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Houston County; to provide a short title.

HB 1464. By Representatives Alford of the 57th, Mangum of the 57th, Oliver of the 53rd, Baker of the 51st, Lawrence of the 49th and others:
A bill to abolish the office of elected county surveyor of DeKalb County; to provide for the appointment of said official by the county governing authority.

HB 1524. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to provide a new charter for the City of Kingston.

WEDNESDAY, FEBRUARY 7, 1990

775

HB 1491.

By Representatives Buck of the 95th, Robinson of the 96th, Bishop of the 94th, Moultrie of the 93rd, Steele of the 97th and others:
A bill to amend an Act establishing the Municipal Court of Columbus, Georgia, so as to change the compensation of the judge, the clerk, and the marshal of the municipal court.

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

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.

HB 1250.

By Representatives Childers of the 15th, Pannell of the 122nd, Richardson of the 52nd and McDonald of the 12th:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to strike and reenact Article 1 thereof, relating to registered nurses, so as to provide for a short title; to provide for legislative purpose; to provide for definitions; to continue the Georgia Board of Nursing and provide for terms, appointments, confirmations, qualifications, and vacancies of members.

HB 1278.

By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated, to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state.

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

SR 217. By Senator Fuller of the 52nd:
A resolution urging the Board of Medical Assistance to take certain action regarding the Medicaid program.

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.

776

JOURNAL OF THE HOUSE,

HR 638. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A resolution ratifying certain minimum standards and procedures of the Department of Community Affairs.

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

HR 624. By Representatives Reaves of the 147th, Greene of the 130th, Royal of the 144th, Floyd of the 135th, Birdsong of the 104th and Godbee of the 110th:
A resolution urging the United States Environmental Protection Agency to allow the continued use of EBDC fungicides and Benomyl on certain vegetables.

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

SB 554. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds of counties, municipal corporations, and other governmental entities, so as to provide for the expenditure of bond funds for purposes other than that stated in the public bond notice; to provide for related matters; to provide for an effective date.

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.

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

SB 499. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use.
Referred to the Committee on Education.

SB 519. By Senators Edge of the 28th, Dawkins of the 45th and Howard of the 42nd:
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 the preparation of hazardous waste reduction plans by hazardous waste generators and for annual progress reports in connection therewith.
Referred to the Committee on Natural Resources & Environment.

WEDNESDAY, FEBRUARY 7, 1990

777

SB 554. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds of counties, municipal corporations, and other governmental entities, so as to provide for the expenditure of bond funds for purposes other than that stated in the public bond notice; to provide for related matters; to provide for an effective date.
Referred to the Committee on Governmental Affairs.

SB 590. By Senator Tysinger of the 41st:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to provide for a code of ethics for the members of the governing authority of DeKalb County.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 600. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to provide that, except as otherwise provided, any county officer shall be subject to indictment upon being charged with malpractice, partiality, conduct unbecoming the office, demanding excessive costs, or misfeasance or malfeasance in office.
Referred to the Committee on Judiciary.

SB 630. By Senators Clay of the 37th, Ragan of the 32nd, Newbill of the 56th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to domestic relations in general, so as to provide that the parties in certain domestic relations actions shall be required to complete a seminar for parents where the interests of children under 18 years of age are involved; to provide for contempt sanctions if a party fails to complete successfully the seminar.
Referred to the Committee on Special Judiciary.

SB 638. By Senator Kidd of the 25th:
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 that if the juvenile court has reasonable grounds to believe that a child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery against an employee or resident of such center, the court shall transfer the offense for prosecution to the appropriate court having jurisdiction.
Referred to the Committee on Judiciary.

SB 675. By Senator Echols of the 6th:
A bill to amend an Act establishing the State Court of Pierce County, as amended, so as to change the compensation of the judge and solicitor of the state court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

778

JOURNAL OF THE HOUSE,

SR 217. By Senator Fuller of the 52nd: A resolution urging the Board of Medical Assistance to take certain action regarding the Medicaid program.
Referred to the Committee on Health & Ecology.
Representative Birdsong of the 104th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the House:
HR 588. By Representatives Birdsong of the 104th and Moody of the 153rd: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken Y Alford E Allen Y Athon
Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B Y Bamett,M Y Bates y Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Brooks Y Brown
Buck Buford Y Byrd Y Campbell Y Carrell Y Carter Chambless Y Chance Y Cheeks

Y Childers Clark,B
Clark,H Y Clark,L
Coleman
Y Colwell Y Connell Y Couch
Crawford N Crosby Y Cumminga,B Y Cumminga,M Y Davis,C
Davis,G Davis,M N Dixon,H Y Dixon,S
Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton N Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee Y Goodwin Y Green
Greene Y Gresham Y Griffin N Groover
Hamilton
Y Hanner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks N Howren Y Hudson N 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 N Lawrence Y Lawson YLee Y Linder NLong N Lord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
McDonald Y McKelvey

On the motion, the ayes were 136, nays 10. The motion prevailed.

McKinney,B McKinney,C Y Meadows Y Milam Y Mobley Y Moody N 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 y Poag
Y Porter Y Poston Y Powell
Randall Y Ransom YRay Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Simpson
Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre
Y Snow Y Stancii,F Y Stancii,S
Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M
Thompson Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder YWilliams,B
Williams,J
Y Yates Y Yeargin
Murphy,Spkr

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

HB 1312.

By Representatives Lee of the 72nd and Murphy of the 18th:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to eliminate the authorization for conversion of contributions to personal use; to provide that contributions shall not constitute personal assets of a candidate or public officer.

WEDNESDAY, FEBRUARY 7, 1990

779

The following Committee substitute was read:

A BILL
To amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to eliminate the authorization for conversion of contributions to personal use; to authorize certain transfers of such contributions to persons making such contributions; to provide that contributions and interest thereon, if any, shall not constitute personal assets of a candidate or public officer; 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 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, is amended by striking subsections (b) and (c) and inserting in their place new subsections to read as follows:
"(b) (1) All contributions received by a candidate or such candidate's campaign committee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations;
(B) For transferral without limitation to any national, state, or local committee of any political party or to any candidate;
(C) For repayment 6ft a pw rata basis transferral without limitation to persons making such contributions, not !Q exceed the total amount cumulatively contributed Qy each such transferee;
(D) For use in future campaigns for any elective office; or (E) For repayment of any prior campaign obligations incurred as a candidate; 61'
(F) (i) F6r aey pei'S6H8! ~ pr6~ided, h6ne>er, that H6 lffieh eandidate 61' lffieh ptt-bl-ie 6ffieelo shall e6ftYel'i eantrilll:lti6ns tti the pei'S6H8! use 61' benefit ef stteh eandidate 61' lffieh ptthlie 6ffieelo tmless lffieh eandidate 61' lffieh ptthlie 6ffieelo shall have:
(I) Written tti every eantril11:1tar tti the mast reeeHt eampaign tti H6tify- the eantribl:tt6r that stteh eandidate 61' stteh pl:thlie 6ffieelo ffiteHds tti e6ftYel'i etffltri.. btttimts tti the pei'S6H8! use ef stteh eandidate 61' stteh ptthlie effieeF,
(II) Extended 8ft 6ppart~:~nity iH writing tti every eantrib1:1t6r tti the mast reeeHt eampaign tti reeeive a pw rata distrib1:1ti6n fwm the eampaign eammittee iH Iiel:t ef having the eantrib1:1tians ean erted tti the pei'S6H8! use ef stteh eaHdidate 61' stteh ptthlie effieer, wffieh 6pp61'tl:tniey shall ft6t explre fe!' tit least 8(} days after extensi6n ef stteh app6rt1:1nity; IIHd
(III) Distrib1:1ted pw rata the e6ntrib1:1tians tti all wOO ebjeeted tti the eenversffitt ef the eantrib1:1tians tti the pei'S6H8! use 6f lffieh eandidate 61' lffieh ptthlie effieeto. (ii) Natwithstanding aey ather pl'6, isi6n ef this s1:1bparagraph tti the eantr8l'j, H6 repayment 61' effer ef repayment shall be reftl:tired if there is less th8H $6,999.99 iH the eampaign aee6l:tHt ef a state wide eSHdidate 61' ptthlie 6ffieelo h6ltliHg eleetive efflee 61' if there is less th8H $1,900.00 iH the eampaign aee6l:tHt ef a eandidate 61' eleeted effieiai ather th8H a state "ide eandidate 61' ptthlie effieer h6ltliHg eleetive effiee: (2) Any candidate or public officer holding elective office may provide in the will of such candidate or such public officer that the contributions shall be spent in any of the authorized manners upon the death of such candidate or such public officer; and, in the absence of any such direction in the probated will of such candidate or such public officer, the contributions shall be paid to the treasury of the state party

780

JOURNAL OF THE HOUSE,

with which such candidate or such public officer was affiliated in such candidate's or such public officer's last election or elective office. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through {Ft (E) of paragraph (1) of this subsection.
(c) Contributions and interest thereon, if ll!!Y,_ shall not constitute personal assets of
such candidate or such public officer tmless ftftd ttfttil Stlffi eeHtrilmtieHs tH"e eeH erted
m i6 ihe perS6flftl ttSe Stlffi eaHdidate 61' Stlffi ptthlie effieer ftS fJfevided ffi SUBfJftfftgfftfJft m (b)(I)(F) this GOOe seetffitt."
Section 2. Nothing in this Act shall apply to or affect contributions lawfully converted to the personal use of a candidate or public officer 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 following amendment was read and adopted:

Representative Pannell of the 122nd moves to amend the Committee substitute to HB 1312 as follows:
By amending line one of page four by inserting after the word "office" the following:
"after the payment of any expenses pursuant to subsection (a) of this Code section".

The Committee substitute, as amended, was adopted.

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

Aaron Y Abernathy Y Adams Y Aiken Y Alford E Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Boatick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd

Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham YGriffin
Y Groover Y Hamilton Y Hanner Y Harris Y Haaty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren
Y Hudson Y Irwin Ylsakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones

Y Kilgore
Y Kingston Y Lane,D YLane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder YLong
Y Lord Y Lucaa 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 Morton Y Moultrie Y Mueller
Y Oliver,C Y Oliver,M
YOrr

Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell y Randall
Y Ranaom 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
YSmith,W Smyre
YSnow

WEDNESDAY, FEBRUARY 7, 1990

781

Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat

Y Teper Y Thomas,C YThomas,M Y Thompson Y Thurmond Y Titus

Y Tolbert
Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C

Y Walker,L
YWall Ware
Y Watson Y Watts
White

Y Wilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1385. By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th, Connell of the 87th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that campaign finance disclosure reports shall include the occupation or place of employment of certain contributors.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to require the business, occupation, or place of employment of a person making a campaign contribution of more than $1,000.00 to be included in a campaign disclosure report; to limit the amount of contributions which persons, corporations, political committees, and other entities may contribute to candidates for state-wide elected office or the General Assembly; to provide for certain financial disclosure on the part of candidates for Governor; to require disclosure of certain transactions with governmental entities; to require disclosure of certain income tax returns; to provide an effective date; to repeal conflicting Jaws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended by striking paragraph (1) of subsection (b) of Code Section 21-5-34, relating to campaign finance disclosure reports, and inserting in its place a new paragraph to describe an item required to be included in such reports and to read as follows:
"(1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; provided, however, with respect !Q !! contribution Q[ more than $1,000.00, the business, occupation, Q! place Q[ employment Q[ the person making the contribution shall be required !!!_ addition !Q that person's contribution amount, name, and mailing address;".
Section 2. Said chapter is further amended by adding between Articles 2 and 3 a new Article 2A to read as follows:
"ARTICLE 2A
21-5-40. As used in this article, the term: (1) 'Affiliated committees' means any two or more political committees (including
a separate segregated fund) established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof.
(2) 'Affiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a subsidiary corporation; as a sister

782

JOURNAL OF THE HOUSE,

corporation; by common ownership or control; or by control of one corporation by the other.
(3) 'Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States.
(4) 'Political committee' means: (A) any partnership, committee, club, association, organization, or similar entity (other than a corporation) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund.
(5) 'Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation, labor organization, membership organization, or cooperative and to which the corporation, labor organization, membership organization, or cooperative solicits contributions.
(6) 'Person' means an individual. 21-5-41. (a) No person shall in any 24 month period make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate exceed $5,000.00. (b) A contribution by a partnership shall be deemed to have been made pro rata by the partners as individuals for purposes of this Code section, as well as by the partnership in toto for purposes of Code Section 21-5-43. 21-5-42. No corporation shall in any 24 month period make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate, together with any contributions to the same candidate during the same 24 month period by any affiliated corporations, exceed $5,000.00. 21-5-43. No political committee shall in any 24 month period make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate, together with any contributions to the same candidate during the same 24 month period by any affiliated political committees, exceed $5,000.00. 21-5-44. For purposes of this article, a contribution to a candidate's campaign committee shall be deemed to be a contribution to the candidate."
Section 3. Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates for public office, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows:
"(1) Eseh Except ~ otherwise provided !!! subsection (c) Qf this Code section with
respect !Q candidates for Governor, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year, Eseh ; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preceding calendar year."
Section 4. Said chapter is further amended by adding at the end of said Code Section 21-5-50 a new subsection (c) to read as follows:
"(c) (1) Each person who qualifies with a political party as a candidate for party nomination to the office of Governor (including an incumbent Governor qualifying to succeed himself) shall file with the Secretary of State, not later than seven days after the date on which such person so qualifies, a financial disclosure statement. Each person who qualifies as a candidate for election to the office of Governor through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify for the preceding five calendar years:
(A) Each transaction in which the candidate (whether for himself or on behalf of any business) or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business has transacted business

WEDNESDAY, FEBRUARY 7, 1990

783

with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and
(B) All income of any nature received by the candidate or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business from any person who was at the time of such receipt of income represented by an agent registered with the Secretary of State pursuant to Code Section 28-7-2. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose, 'transactions of a privileged nature' shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by copies of the candidate's state and federal personal income tax returns for the preceding five years, together with copies of all supporting schedules and documentation filed with such returns. (4) (A) As used in this subsection, the term 'substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business.
(B) As used in this subsection, the term: (i) 'Member of the family' means the candidate's spouse and children of the
candidate who are dependents of the candidate; and (ii) 'Person' and 'transact business' shall have the meanings specified in Code
Section 45-10-20. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election as Governor until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying."
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:

Representatives Dunn of the 73rd and Thompson of the 20th move to amend the Committee substitute to HB 1385 as follows:
Between lines 17 and 18 on page 3 insert a new paragraph (c) to read as follows:
"(c) Notwithstanding anything contained herein to the contrary in this Section shall not apply to the candidate or any member of his family."

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

Aaron Y Abernathy Y Adams Y Aiken Y Alford E Allen Y Athon Y Atkins N Bailey Y Baker

Y Balkcom
Y Bannister Y Barfoot Y Bargeron N Barnett,B Y Barnett,M Y Bates Y Beck N Benefield Y Benn

Y Birdsong Y Bishop
Y Bostick N Branch
Y Breedlove N Brooks Y Brown Y Buck
Y Buford Y Byrd

Y Campbell Y Carrell Y Carter N Chambless Y Chance Y Cheeks N Childers Y Clark,B
Y Clark,H N Clark,L

YColeman YColwell N Connell
Y Couch Y Crawford
Crosby N Cummings,B Y Cummings,M
Y Davis,C Y Davis,G

784

JOURNAL OF THE HOUSE,

Y Davis,M Y Dixon,H N Dixon,S y Dobbs Y Dover
YDunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster N Godbee Y Goodwin N Green N Greene Y Gresham Y Griffin Y Groover Y Hamilton N Hanner N 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 N Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson NLee Y Linder Y Long
Lord Y Lucas

Y Lupton y Mangum
N Martin N McCoy N McDonald N McKelvey Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller N Oliver,C N Oliver,M N Orr N Orrock Y Padgett N Pannell NParham N Parrish Y Patten Y Pettit Y Pinkston

Poag Y Porter Y Poston
YPowell y Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson N Robinson y Royal
YSelman Y Simpson
Y Sinkfield Y Smith,L Y Smith,P Y Smith,T NSmith,W N Smyre
YSnow Y Stancii,F Y Stancil,S Y Stanley Y Steele

On the adoption of the amendment, the ayes were 132, nays 37. The amendment was adopted.

N Stephens Y Streat N Teper
Y Thomas,C Thomas,M
YTbompson Thurmond
Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C Y Walker,L YWall
Ware N Watson N Watts YWhite Y Wilder Y Williams,B
Williams,J N Yates Y Yeargin
Murpby,Spkr

The following amendment was read and adopted:

Representative Poston of the 2nd moves to amend the Committee substitute to HB 1385 as follows:
Page 1, Line 27 between the word "events" and the semi-colon, add:
"coordinated for the purpose of raising campaign contributions for the reporting candidate".

The following amendment was read:

Representative Dunn of the 73rd moves to amend the Committee substitute to HB 1385 by striking from line 11 of page 5 the following:
"or any member of this family".
By striking from line 20 of page 5 the following:
"or any member of his family".
By striking all the language on lines 20 through 28 of page 6 and inserting in lieu thereof the following:
"(B) As used in this subsection, the terms 'person' and 'transact business' shall have the meanings specified in Code section 45-10-20."

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

Aaron Y Abernathy N Adams N Aiken N Alford

EAIIen Athon
N Atkins N Bailey N Baker

N Balkcom Y Bannister N Barfoot N Bargeron N Barnett,B

Y Barnett,M Y Bates N Beck N Benefield
Benn

N Birdsoug Y Bishop N Bostick N Branch
Breedlove

WEDNESDAY, FEBRUARY 7, 1990

Y Brooks Y Brown NBuck N Buford N Byrd N Campbell N Carrell N Carter N Chambless N Chance Y Cheeks N Childers Y Clark,B N Clark,H N Clark,L Y Coleman Y Colwell N Connell
Y Couch Y Crawford N Crosby N Cummings,B N Cummings,M
N Davis,C N Davis,G N Davis,M N Dixon,H N Dixon,S Y Dobbs Y Dover YDunn

Edwards N Ehrhart N Felton N Fennel N Floyd,J.M N Floyd,J.W
N Foster N Godbee N Goodwin N Green N Greene N Gresham NGriffin
N Groover N Hamilton N Hanner N Harris N Hasty N Heard N Herbert N Holcomb N Holland
N Holmes N Hooks
Y Howren N Hudson N Irwin N Isakson N Jackson,J Y Jackson,W Y Jamieson

N Jenkins
Johnson N Jones N Kilgore N Kingston N Lane,D N Lane,R N Langford Y Lawrence N Lawson NLee Y Linder N Long N Lord Y Lucas Y Lupton
Mangum N Martin
N McCoy N McDonald N McKelvey Y McKinney,B N McKinney,C N Meadows
NMilam Y Mobley Y Moody
N Morton N Moultrie N Mueller
N Oliver,C

N Oliver,M N Orr N Orrock Y Padgett N Pannell N Parham
N Parrish N Patten Y Pettit N Pinkston
Poag
N Porter N Poston N Powell y Randall N Ransom NRay N Reaves N Redding N Richardson N Ricketson
Robinson N Royal N Selman N Simpson
Sinkfield Y Smith,L N Smith,P
Smith,T NSmith,W N Smyre

On the adoption of the amendment, the ayes were 34, nays 128. The amendment was lost.

785
YSnow N Stancil,F N Stancil,S Y Stanley N Steele N Stephens N Streat N Teper NThomas,C
Thomas,M N Thompson
Thurmond N Titus N Tolbert
Townsend y Twiggs N Vaughan N Waddle Y Walker,C N Walker,L N Wall
Ware N Watson N Watts NWhite N Wilder NWilliama,B
Williama,J N Yates N Yeargin
Murphy,Spkr

Representative Linder of the 44th 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 and lost:

Representative Orr of the 9th moves to amend the Committee substitute to HB 1385 as follows:
By striking from lines 10 and 11, 19 and 20, and 25 and 26, page 3, the words "for state-wide elected office or the General Assembly", and by adding on lines 12, 23 and 29, page 3, in each instance following the numerals "$5,000.00", the words and numerals "with respect to any candidate for state-wide elected office and $250.00 with respect to any candidate for the General Assembly".

The following amendment was read and adopted:

Representative Jackson of the 9th moves to amend the Committee substitute to HB 1385 as follows:
By adding after "transaction" on line 8 page 5 the following:
"or transactions which aggregate $9,000 or more in a calendar year".

The following amendments were read and lost:
Representative Clark of the 13th moves to amend the Committee substitute to HB 1385 as follows:
On page 6 Section 4 add a new Section 6 to state:

786

JOURNAL OF THE HOUSE,

"This Act shall not include monies donated at 'informal gatherings' or 'hot suppers' in amounts less than $20.00 by any one individual."

Representative Pannell of the 122nd moves to amend the Committee substitute to HB 1385 as follows:
By adding a new Section 7 to read as follows:
Section 7. Said Chapter is further amended by adding a new Code Section 21-5-36 to read as follows:
"No monies received from appropriations of this state including medicaid reimbursements may be contributed to a campaign committee".

Representative Isakson of the 21st moves to amend the House Rules Committee Substitute to HB 1385 by striking Section 5 and inserting in its place a new Section 5 to read as follows:
"Section 5. (a) Section 2 of this Act shall become effective January 1, 1991.
(b) Except as provided in subsection (a) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

An amendment, offered by Representative Redding of the 50th, was read and ruled out of order.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Aaron
Y Abernathy Y Adams Y Aiken Y Alford EAllen Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks N Brown Y Buck Y Buford Y Byrd Y Campbell

Y Carrell Y Carter Y Chambless Y Chance N Cheeks Y Childers N Clark,B Y Clark,H Y Clark,L Y Coleman N Colwell Y Connell Y Couch 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 N Dobbs Y Dover YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W

Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
N Groover Y Hamilton
Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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
Y Lawrence Y Lawson y Lee
Y Linder Y Long
Y Lord N Lucas Y Lupton y Mangum
YMartin Y McCoy
Y McDonald Y McKelvey N McKinney,B N McKinney,C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParham

Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves N Redding
Y Richardson Y Ricketson Y Robinson y Royal
YSelman
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

WEDNESDAY, FEBRUARY 7, 1990

787

Y Streat Y Teper YThomas,C Y Thomas,M Y Thompson

Y Thurmond
Y Titus Y Tolbert Y Townaend y Twiggs

Y Vaughan Y Waddle N Walker,C Y Walker,L Y Wall

Ware Y Wataon Y Watts N White
YWilder

Y Williarns,B Williamo,J
N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 1385, by substitute, as amended, was ordered immediately transmitted to the Senate.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

788

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
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 1640 Do Pass, by Substitute Respectfully submitted,
Is/ 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:
HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1989-1990.
The following Resolutions of the House were read and adopted:
HR 788. By Representatives Powell of the 145th and Royal of the 144th: A resolution congratulating Ginger H. Mathis.
HR 789. By Representatives Thompson of the 20th, Clark of the 20th, Vaughan of the 20th, Howren of the 20th, Aiken of the 21st and others: A resolution recognizing and commending Kennesaw State College on the occasion of its 25th anniversary.
HR 790. By Representative Dixon of the 151st: A resolution commending Mr. William J. "Bill" Summerall and recommending that he be inducted into the Georgia Sports Hall of Fame.
HR 791. By Representatives Aiken of the 21st, Hamilton of the 124th, Mueller of the 126th, Johnson of the 123rd and Pannell of the 122nd: A resolution commending Ms. Vanessa Rand.

WEDNESDAY, FEBRUARY 7, 1990

789

HR 792. By Representatives Vaughan of the 20th, Thompson of the 20th, Howren of the 20th, Ehrhart of the 20th and Clark of the 20th:
A resolution commending the Hickory Hills Elementary School on the event of its 30th anniversary.

HR 793. By Representatives Thompson of the 20th, Vaughan of the 20th, Howren of the 20th, Ehrhart of the 20th and Clark of the 20th:
A resolution expressing regret at the passing of the Reverend Joseph Alfred Landers.

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 1180.

By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".

Representative Lane of the 27th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1180 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 Lane of the 27th, Jackson of the 9th and Bostick of the 138th.

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

HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1989-1990.

The following Senate substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act", approved April 18, 1989 (Ga. L. 1989, P. 1492), so as to change certain appropriations for the State Fiscal Year 1989-1990; to make language and other changes; to provide an effecitive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1989-1990, known as the "General Appropriations Act," approved April 18, 1989 (Ga. L. 1989, P.

790

JOURNAL OF THE HOUSE,

1492), is amended by striking everything following the enacting clause through Section 78 and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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 10,513,000
3,427,649 2,094,900
112,200 7,000 0
231,000 369,000 65,100 664,000
386,259
2,204,228 65,000
1,128,000 0
21,267,336 21,267,336

Senate Functional Budgets

Total Funds

State Funds

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

$

4,031,903

$

576,073

$

1,052,815

$

5,660,791

$

4,031,903

$

576,073

$

1,052,815

$

5,660,791

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

$

2,033,514

$

2,033,514

WEDNESDAY, FEBRUARY 7, 1990

791

Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$

1,919,437

$

786,181

$

1,061,148

$

5,800,280

$

1,919,437

$

786,181

$

1,061,148

$

5,800,280

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 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, recQnstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and 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 ...............................................................$ E q u i p m e n t ........................................................................................ $ 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

792

JOURNAL OF THE HOUSE,

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council .....................................................$ Sentence Review Panel ..................................................................$ Council of Superior
Court Judges ................................................................................$ Judicial Administrative
Districts ......................................................................................... $ Habeas Corpus Clerk ......................................................................$
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ..............................................................$
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..................................................$
Institute's Operations .....................................................................$ Georgia Magistrate Courts
Training Council..........................................................................$
Section 8. Judicial Council. Budget Unit: Judicial Council .............................................................$
Council Operations..........................................................................$ Payments to Judicial
Administrative Districts for Case Counting ..............................................................................$ Board of Court Reporting..............................................................$ Payment to Council for Magistrate Court Judges ................................................................................$ Payment to Council 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 ..............................................................$
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 .........................................$

4,210,943 5,216,026 39,445,788 37,695,444
692,233 126,479 85,425 831,207
15,000
619,328 437,000 182,328 1,854,239 829,262
73,500 30,355 26,000 20,000 10,000 231,132 633,990
1,000,000 950,000 50,000
45,034,707

WEDNESDAY, FEBRUARY 7, 1990

793

Administration and Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Rents and Maintenance Expense .................................................$ Utilities .............................................................................................$ Payments to DOAS Fiscal Administration .............................................................................$ Direct Payments to Georgia Building Authority for Capital Outlay..............................................................................$ Direct Payments to Georgia Building Authority for Operations ....................................................................................$ Telephone Billings ..........................................................................$ Materials for Resale ........................................................................$ Public Safety Officers Indemnity Fund...........................................................................$ Health Planning Review Board Operations ....................................................................................$ Georgia Golf Hall of Fame Operations ....................................................................................$ Authorities Liability Reserve Fund ...............................................................................$ Grants to Counties ..........................................................................$ Grants to Municipalities ................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

46,443,227 10,157,106
341,800 426,000 2,119,906 9,311,581 3,545,328 904,605 1,337,060 16,169,500
37,900
2,000,000
1,000,000
3,260,000 36,494,172 13,000,000
608,800
40,000
30,000
0 2,600,000 4,200,000 154,026,985 45,034,707

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

$

6,726,013

$

17,339,145

$

12,762,042

$

2,926,504

$

681,221

$

572,247

$

51,300,540

$

4,018,049

$

46,187,199

$

6,694,476

$

1,567,948

$

949,833

$

1,871,072

$

154,026,985

$

430,696

$

6,695,948

$

15,339,145

$

0

$

2,926,504

$

0

$

572,247

$

13,220,167

$

0

$

5,850,000

$

0

$

0

$

0

$

0

$

45,034,707

794

JOURNAL OF THE HOUSE,

B. Budget Unit: Georgia Building Authority ..................................................................$
Georgia Building Authority Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

Q
19,882,891 4,953,819
22,750 238,500 220,775 96,000
10,800 138,600 164,800 260,000 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 Facility Renovations Total

$

1,950,197

$

0

$

5,117,756

$

0

$

5,101,654

$

0

$

5,088,928

$

0

$

301,103

$

0

$

4,723,880

$

0

$

11,176,672

$

0

$

885,375

$

0

$

0

$

0

$

34,345,573

$

0

C. Budget Unit: Agency for the Removal of Hazardous Materials ..............................................$
Operations Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$
Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

251,364
4,522,464 3,998,000 1,504,800
271,900 700,000
0 0 20,200 800,000 0 0 11,817,364 251,364

Section 12. Department of Agriculture. A. Budget Unit: Department of
Agriculture ...............................................................$
State Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$

38,583,409
30,070,747 3,563,483

WEDNESDAY, FEBRUARY 7, 1990

795

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 ........................................................................$ Boll Weevil Eradication Program .................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

876,524 500,842 270,000 463,294 851,763 401,619 316,871 650,000
2,335,105
2,369,943 547,000 91,000 60,000 205,000
565,132
450,000 0
60,000 50,000
0 3,000,000 47,698,323 38,583,409

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

$

4,913,866

$

7,293,619

$

1,978,802

$

3,744,767

$

4,662,651

$

1,504,817

$

3,159,466

$

6,250,543

$

4,170,603

$

4,493,929

$

399,160

$

5,126,100

$

47,698,323

$

4,564,866

$

6,919,619

$

1,941,548

$

3,744,767

$

4,591,988

$

1,504,817

$

3,145,566

$

4,761,101

$

1,534,173

$

999,714

$

4,404

$

4,870,846

$

38,583,409

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Georgia Agrirama Development Authority Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$

0
639,106 154,104
4,650

796

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$
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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$
Section 14. Department of Community Affairs. A. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Felony Expenses ................................................................$ Contracts with Regional
Development Commissions ........................................................$ Local Assistance Grants .................................................................$ Appalachian Regional Commission
Assessment ...................................................................................$ Community Development Block
Grants (Federal) ..........................................................................$ Music Hall of Fame ........................................................................$ 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....................................................................$

1,000 7,850
0 0 8,818 107,708 375,000 94,300 1,392,536 0
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
22,005,071
5,649,091 299,911 202,755 0 27,410 219,155 467,662 68,574 134,020 158,000
2,625,000 4,787,402
120,759
30,000,000 50,000
4,200,000 1,650,000
2,450,000
406,515 53,516,254 22,005,071

WEDNESDAY, FEBRUARY 7, 1990

797

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of the Commissioner Technical Assistance Financial Assistance Rural Development Coordinated Planning Total

$

1,041,916

$

1,437,938

$

48,382,901

$

1,166,641

~

1,486,858

$

53,516,254

$

1,019,416

$

1,269,126

$

17,227,741

$

1,126,641

~

1,362,147

$

22,005,071

Section 15. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation ..........................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Court Costs.......................................................................................$ County Subsidy ...............................................................................$ County Subsidy for Jails................................................................$ County Workcamp Construction
Grants ............................................................................................ $ Grants for Local Jails .....................................................................$ Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities...................................................................$ Payments to Public Safety
for Meals .......................................................................................$ Inmate Release Fund......................................................................$ Health Services Purchases .............................................................$ Payments to MAG for Health
Care Certification ........................................................................$ University of Georgia -
Cooperative Extension Service Contracts.........................................................................$ Minor Construction Fund ..............................................................$ Authority Lease Rentals ................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding .................................................................$ Georgia Correctional Industries ....................................................$ State Funds Budgeted ....................................................................$

495,174,871 271,050,639 33,600,154
1,589,804 3,279,000 8,171,294 1,613,000 3,253,000 2,850,358 1,810,152 118,811,450 10,403,265
380,000 12,454,000 9,625,000
525,000 365,000 750,000
3,262,000
1,258,000
350,000 1,165,000 16,642,082
50,000
304,000 0
200,000 503,762,198
450,000 0
495,174,871

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation

$

165,266,654

$

272,400,934

$

66,094,610

$

164,768,151

$

270,893,934

$

59,512,786

798

JOURNAL OF THE HOUSE,

Total

$

503,762,198

$

495,17 4,871

B. Budget Unit: Board of Pardons and Paroles ......................................................................$
Board of Pardons and Paroles Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Jail Subsidy........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

30,957,193
22,826,976 920,015 752,760 265,000 795,279 690,159
1,604,700 903,466
1,210,938 987,900
30,957,193 30,957,193

Section 16. Department of Defense. Budget Unit: Department of Defense ................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

5,622,287
8,563,115 4,207,153
77,604 41,500 57,525 34,155
5,760 154,276 201,500
1,044,200 51,000
18,000 42,000 1,182,133 66,315 180,000 15,926,236 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

$

3,288,386

$

3,764,149

$

7,480,211

$

15,926,236

$

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:

2,777,412,534

WEDNESDAY, FEBRUARY 7, 1990
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ......................................................................$ Mid-Term Adjustment ...................................................................$ Local Fair Share ..............................................................................$ Other Categorical Grants: Equalization Formula .....................................................................$ Sparsity Grants................................................................................$ In School Suspension......................................................................$ Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................$ Non-QBE Grants:
Education of Children of LowIncome Families...........................................................................$
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped .........................................................................$
Removal of Architectural Barriers .........................................................................................$
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 ...........................................................................................$

799
42,518,139 5,476,303 1,931,117
91,783 772,828 14,265,442 2,442,691 829,900 22,450,366 770,888 472,000
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 35,400,723 (479,220,239)
131,572,698 3,819,603 8,700,000 19,180,000 19,849,036
100,000
95,312,627
3,503,745
28,483,503
888,439
2,475,000 33,732,168 113,396,789 24,003,046
6,575,151
6,219,983
2,720,965

800

JOURNAL OF THE HOUSE,

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
Board of Technical & Adult 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) .......................................................................................$
Public Library Construction..........................................................$ Local School Construction .............................................................$ Asbestos Removal............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$
State Funds Budgeted ....................................................................$

16,732,524
3,473,560 1,066,000
452,000 3,084,680
366,540
9,359,269 4,679,416
816,645 3,763,992
0
16,787,825
10,026,258
13,848,106 2,453,089 850,000
3,135,000 5,162,697
113,861
100,000
2,252,698
154,000 14,700,000 115,112,826
100,817 3,101,674,485
340,000 2,777,412,534

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Services Governor's Honor Program Administrative Services Evaluation and Personnel
Development Special Services Professional
Standards Commission Professional
Practices Commission Local Programs

$

16,418,162

$

18,290,112

$

1,301,885

$

13,819,306

$

19,700,771

$

4,553,515

$

287,980

$

586,251

$ 3,009,653,028

$

15,329,219

$

9,396,626

$

1,159,366

$

9,382,499

$

19,265,221

$

2,954,188

$

287,980

$

586,251

$ 2,703,011,913

WEDNESDAY, FEBRUARY 7, 1990

Georgia Academy for the Blind
Georgia School for the Deaf Atlanta Area School
for the Deaf Total

$

4,632,126

$

$

7,430,656

$

$

5,000,693

$

$ 3,101,674,485

$

Section 18. Employees' Retirement System. Budget Unit: Employees' Retirement
System ......................................................................$ Employees' Retirement System Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits to Retirees ........................................................................$ Employer Contribution ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

801
4,406,864 7,104,424
4,527,983 2,777,412,534
Q
1,326,323 125,000 8,000 0 7,000 289,000 124,000 32,000 718,000 0 0
2,629,323 0

Section 19. 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 Dieum, 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 ....................................................................$

36,854,112
28,750,590 6,922,549
174,520 1,228,810 2,730,173
154,806 39,174 942,267 478,764 310,000
0
30,000
60,000 30,500 551,000 42,403,153 36,854,112

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy

$

5,289,193

$

34,434,595

$

28,912

$

2,304,153

$

31,899,517

$

28,912

802

JOURNAL OF THE HOUSE,

General Administration and Support
Total

$

2,650,453

$

42,403,153

$

2,621,530

$

36,854,112

Section 20. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation ............................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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
24,299,481 2,544,438 646,760 624,650 596,288 631,000 1,785,200 1,955,798 277,000 500,000 75,000
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

$

6,702,771

$

10,691,312

$

6,759,329

$

6,770,786

$

33,935,615

$

3,011,417

$

6,702,771

$

10,691,312

$

6,759,329

$

6,770,786

$

33,935,615

Section 21. Office of the Governor.

Budget Unit: Office of the Governor ..................................................$

Personal Services.............................................................................$

Regular Operating Expenses .........................................................$

Travel ................................................................................................$

Motor Vehicle Purchases ...............................................................$

E q u i p m e n t ........................................................................................ $

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

0

Management Authority ..............................................................$

Total Funds Budgeted....................................................................$

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

22,579,392 9,458,962
482,288 186,775
0 76,334 158,637 655,161 204,420 32,028,961 2,860,758 40,000 3,212,500 162,000 2,850,000 331,600 50,000 40,000 1,162,835 100,000 1,262,925
1,420,000 56,744,156 22,579,392

WEDNESDAY, FEBRUARY 7, 1990

803

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 Comission Total

$

6,275,258

$

856,494

$

6,059,205

$

3,936,074

$

2,144,435

$

32,405,666

$

341,005

$

650,834

$

741,861

$

1,519,390

$

1,687,046

$

0

$

126,888

$

56,744,156

$

6,275,258

$

779,840

$

6,059,205

$

3,417,010

$

2,144,435

$

326,982

$

151,445

$

650,834

$

487,982

$

472,467

$

1,687,046

$

0

$

126,888

$

22,579,392

Section 22. Department of Human Resources. A. Budget Unit: Departmental
Operations ................................................................$ 1. General Administration and
Support Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

482,308,861
61,668,877 3,898,862 1,631,050 860,441 601,460 2,871,470 5,550,617 1,367,492 2,866,613 393,992 1,390,017 0
116,700
9,429,100 12,696,000
258,000 35,539,845 141,140,536
638,300 64,689,798

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

798,516

$

798,516

804

JOURNAL OF THE HOUSE,

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

$

1,850,632

$

$

339,894

$

$

1,818,464

$

$

0

$

$

5,105,154

$

$

575,196

$

$

652,178

$

$

1,711,377

$

$

5,531,105

$

$

2,097,888

$

$

524,000

$

$

12,696,000

$

$

501,971

$

$

9,103,127

$

$

736,896

$

$

2,597,142

$

$

800,718

$

$

4,612,799

$

$

482,579

$

$

888,887

$

$

5,705,318

$

$

29,332,779

$

$

12,166,893

$

$

39,155,875

$

$

1,355,148

$

$

141,140,536

$

2. Public Health Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 .................................................................$

1,850,632
339,894 1,818,464 (6,213,445) 3,573,459
575,196
652,178 1,711,377 5,331,105 2,097,888
524,000
12,103,358 148,760
0
726,896 2,597,142
459,723
1,290,979 482,579 671,139 224,443
4,393,402 11,239,293 15,987,672
1,305,148 64,689,798
49,684,158 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

WEDNESDAY, FEBRUARY 7, 1990

805

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

2,291,549 518,060
69,268,121 11,826,121 6,417,500 220,435,740
549,718 130,229,899

Public Health Functional Budgets

Total Funds

State Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration 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

$

876,855

$

375,618

$

1,303,750

$

1,933,437

$

843,469

$

815,213

$

1,990,841

$

1,841,921

$

599,292

$

1,567,444

$

1,704,685

$

11,470,558

$

10,493,423

$

3,065,463

$

10,253,585

$

56,504,981

$

1,790,881

$

12,163,487

$

1,353,103

$

694,308

$

4,069,451

$

1,003,880

$

5,520,492

$

2,983,409

$

10,412,561

$

936,370

$

3,655,564

$

4,435,868

$

57,114,862

$

483,695

$

3,059,110

$

5,118,164

$

220,435,740

$

679,630

$

315,618

$

1,218,750

$

1,769,375

$

620,651

$

749,280

$

1,460,841

$

929,807

$

0

$

301,361

$

1,551,844

$

5,508,914

$

9,326,513

$

1,053,587

$

6,222,745

$

0

$

1,580,706

$

9,929,425

$

1,353,103

$

694,308

$

3,965,876

$

515,108

$

5,400,492

$

1,922,909

$

10,282,886

$

746,105

$

3,165,564

$

4,435,868

$

50,549,955

$

400,563

$

1,214,463

$

2,363,652

$ 130,229,899

3. Rehabilitation Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$

65,937,525 9,849,338 815,163

806

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ Postage ..............................................................................................$ Institutional Repairs
and Maintenance .........................................................................$ Case Services....................................................................................$ E.S.R.P. Case Services....................................................................$ Special Purpose Contracts .............................................................$ Purchase of Services Contracts .....................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding .................................................................$ State Funds Budgeted....................................................................$

119,000 351,573 1,728,383 2,902,171 1,420,350 4,487,877 977,500
0 425,050
242,500 16,157,000
52,000 774,000 7,202,585 113,442,015 100,000 24,939,076

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 District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

$

3,855,811

$

862,128

$

7,701,819

$

18,219,762

$

13,137,741

$

23,975,174

$

854,410

$

36,407,029

$

513,031

$

1,467,425

$

6,027,535

$

420,150

$

113,442,015

$

1,462,090

$

717,125

$

1,540,362

$

4,827,754

$

735,179

$

0

$

0

$

8,178,106

$

308,031

$

722,744

$

6,027,535

$

420,150

$

24,939,076

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

14,978,953 1,559,285 415,227 0 147,916
16,791,984 226,365
1,156,500 5,415,713
9,100 1,461,435 316,130,150
202,315,964 46,499,365
3,532,000

WEDNESDAY, FEBRUARY 7, 1990

807

Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

2,260,000 612,899,957
2,339,882 262,450,088

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 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 Programs
Total

$

1,329,923

$

305,603,127

$

100

$

10,051,000

$

55,487,205

$

87,304,295

$

50,056,998

$

6,991,195

$

2,425,000

$

887,056

$

4,461,608

$

4,089,928

$

4,675,683

$

19,668,218

$

2,646,992

$

0

$

2,318,389

$

2,000,000

$

21,768,990

$

2,630,504

$

791,500

$

3,591,282

$

15,865,300

$

158,000

$

776,500

$

1,231,500

$

3,478,393

$

2,611,271

$

612,899,957

$

0

$

115,796,590

$

100

$

0

$

9,283,607

$

43,588,161

$

24,344,929

$

6,991,195

$

0

$

887,056

$

3,712,015

$

4,089,928

$

2,229,303

$

8,535,303

$

2,646,992

$

(6,608,748)

$

1,908,631

$

2,000,000

$

15,062,835

$

2,120,902

$

613,359

$

2,594,470

$

15,865,300

$

158,000

$

776,500

$

1,209,131

$

3,313,393

$

1,331,136

$ 262,450,088

Budget Unit Object Classes: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Postage ..............................................................................................$

192,269,513 69,751,011 4,109,505
979,441 1,599,587 22,062,669
9,632,613 4,666,647 16,313,269 1,380,592 3,388,353

808

JOURNAL OF THE HOUSE,

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 DFACSOperations ....................................................................................$ Institutional Repairs and Maintenance .........................................................................$ Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$
B. Budget Unit: Community Mental Health/ Mental Retardation, Youth Services and I n s t i t u t i o n s ............................................................... $
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 ............................................................................$

0
4,936,795
2,055,000 7,456,223
624,000 400,000 2,766,470
2,291,549 518,060
69,268,121 9,429,100
59,195,365 16,157,000
52,000 316,130,150
202,315,964
359,200 10,981,500 56,828,551
512,478,600
388,992,684 35,794,041
1,118,360 574,700
3,517,648 4,964,536
882,375 3,149,333 6,185,703 13,368,100 10,135,200 2,451,904
11,558,300
2,768,050
35,847,141
88,484,941
14,675,191
55,648,377

WEDNESDAY, FEBRUARY 7, 1990

809

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

1,424,600 3,137,860
597,000 684,276,044
2,404,100 512,478,600

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Admininistration Regional Youth Development Centers

$

38,623,696

$

36,065,680

$

28,650,720

$

22,800,638

$

31,474,308

$

30,031,010

$

133,562,692

$

24,766,009

$

46,379,127

$

22,595,721

$

3,238,022

$

9,372,910

$

5,253,273

$

67,842,915

$

14,344,591

$

663,472

$

447,950

$

1,366,888

$

55,648,377

$

383,300

$

1,612,094

$

291,930

$

330,600

$

3,658,709

$

15,517,237

$

76,900

$

9,452,199

$

22,174,417

$

25,297,654

$

18,223,178

$

24,802,478

$

19,252,794

$

24,642,366

$

23,223,276

$

89,700,027

$

22,076,166

$

24,199,935

$

18,641,878

$

2,391,246

$

9,169,615

$

2,728,168

$

40,106,915

$

14,344,591

$

635,007

$

447,950

$

1,366,888

$

43,561,802

$

383,300

$

1,361,594

$

291,930

$

330,600

$

3,658,709

$

15,517,237

$

76,900

$

7,395,120

$

21,760,417

810

JOURNAL OF THE HOUSE,

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

$

14,601,814

$

9,683,541

$

4,177,578

$

3,838,440

$

12,681,408

$

2,750,200

$

953,696

$

678,808

$

4,600,009

$

697,861

$

412,034

$

2,575,270

$

684,276,044

$

14,232,714

$

9,611,841

$

4,059,678

$

3,737,340

$

12,681,408

$

2,750,200

$

953,696

$

678,808

$

4,500,009

$

697,861

$

412,034

$

2,575,270

$

512,478,600

Section 23. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade.................................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Local Welcome Center Contracts .................................................$ Advertising and Cooperative
Advertising ...................................................................................$ Georgia Ports Authority -
Authority Lease Rentals.............................................................$ Historic Chattahoochee
Commission Contract..................................................................$ Atlanta Council for
International Visitors..................................................................$ Waterway Development in
Georgia ..........................................................................................$ Georgia Music Week Promotion ...................................................$ Georgia World Congress Center
Operating Expenses ....................................................................$ Contract - Georgia Association
of Broadcasters ............................................................................$ Southern Center for
International Studies ..................................................................$ Music Hall of Fame ........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

18,947,081
7,530,214 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
90,000
25,000
50,000 35,000
100,000
53,000
25,000 0 0
20,010,081 18,947,081

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration

$

6,666,463

$

5,856,463

WEDNESDAY, FEBRUARY 7, 1990

811

Economic Development Tourism Total

$

5,084,655

$

8,258,963

$

20,010,081

$

4,971,655

$

8,118,963

$

18,947,081

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

High-Risk Health Insurance Board..............................................$

Total Funds Budgeted....................................................................$

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

13,381,258
11,365,135 567,900 892,528 139,900 124,889 425,900 515,100 215,800 50,500 150,000
14,447,652 13,381,258

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loan Regulation Fire Safety and Mobile
Home Regulation Total

$

2,038,161

$

6,695,218

$

601,266

$

5,113,007

$

14,447,652

$

2,038,161

$

6,565,218

$

601,266

$

4,176,613

$

13,381,258

Section 25. Department of Labor. Budget Unit: Department of Labor ....................................................$ State Operations:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

6,500,787
61,099,018 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 3,522,478 144,393,365 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

812

JOURNAL OF THE HOUSE,

Section 26. Department of Law. Budget Unit: Department of Law .......................................................$ Attorney General's Office Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$
Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

8,763,322
7,651,249 414,072 132,000 0 31,680 203,321 413,900 88,000 310,000 110,000
9,354,222 8,763,322

Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services..........................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Medicaid Benefits, Penalties
and Disallowances .......................................................................$ Payments to Counties for
Mental Health..............................................................................$ Audits Contracts..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

567,530,455
12,589,300 618,086 190,500 0 61,727
13,543,138 935,973 392,900
24,251,556
1,561,351,220
32,895,060 772,500
1,647,601,960 567,530,455

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Offices Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursements Benefits, Penalties
and Disallowances Total

$

2,724,364

$

25,156,866

$

15,781,693

$

2,878,687

$

4,274,665

$

2,539,405

$ 1,594,246,280 $ 1,647,601,960

$

833,039

$

2,660,444

$

4,367,960

$

464,218

$

1,428,300

$

1,222,737

$

556,553,757

$

567,530,455

Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ........................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$

33,402,708 7,510,316 2,056,528 84,509 58,430 2,877,767

WEDNESDAY, FEBRUARY 7, 1990

813

Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................$ Agency Assessments........................................................................$

884,119 338,970 42,964,275 515,461,221 572,236,135 9,419,549

Employee and Employer Contributions ...............................................................................$

529,340,134

Deferred Compensation..................................................................$ State Funds ......................................................................................$

73,744 33,402,708

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

$

2,619,632

$

1,130,788

$

1,226,597

$

1,294,553

$

15,645,719

$ 546,535,036

$

2,243,818

$

1,539,992

$

572,236,135

$

0

$

0

$

0

$

0

$

0

$

33,402,708

$

0

$

0

$

33,402,708

Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources .................................................................. $ Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ..............................................................$

87,079,785
57,033,198 10,914,540
501,390 1,521,566 1,696,547
791,603 1,690,684 1,091,755 1,704,190
900,000 1,233,000
300,000
125,000
2,029,000
350,000 225,000 980,000 2,210,000
0

814

JOURNAL OF THE HOUSE,

Contract - Special Olympics, Inc ..................................................................................................$
Georgia Sports Hall of Fame.........................................................$ Capital Outlay - Heritage
Trust - Wildlife Management Area Land Acquisition................................................................$ Capital Outlay - User Fee Enhancements - Parks................................................................$ Capital Outlay - Buoy Maintenance .................................................................................$ Capital Outlay - Consolidated Maintenance- Game and Fish ..................................................$ Technical Assistance Contract ......................................................$ Capital Outlay .................................................................................$ Contract - Georgia Rural Water Association........................................................................$ Contract - Corps of Engineers (Cold Water Creek St. Park) .....................................................$ Advertising and Promotion............................................................$ Payment to Georgia Agricultural
Exposition Authority ..................................................................$ Historic Preservation Grant ..........................................................$ Environmental Facilities Grant ....................................................$ Georgia Boxing Commission ..........................................................$ Lanier Regional Committee...........................................................$ Paving at State Parks and
Historic Sites................................................................................$ Grant - Chehaw Park Authority ...................................................$ Grant - Zoo Atlanta ........................................................................$ Total Funds Budgeted....................................................................$ Receipts from Jekyll Island
State Park Authority ..................................................................$ Receipts from Stone Mountain
Memorial Association .................................................................$ Indirect DOAS Funds.....................................................................$ State Funds Budgeted....................................................................$

206,000 50,000
485,000
1,848,000
20,000
751,744 125,000 8,575,000
10,000
200,000 150,000
2,152,100 275,000
7,500,000 7,000
13,000
500,000 250,000 250,000 108,665,317
314,594
315,000 200,000 87,079,785

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

$

14,628,654

$

27,547,151

$

37,877,277

$

26,687,189

$

1,925,037

$

108,665,317

$

13,999,060

$

23,854,765

$

24,286,809

$

23,099,114

$

1,840,037

$

87,079,785

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................$
Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$

0
838,059 677,552
25,000 77,900 295,280 5,814
2,400

WEDNESDAY, FEBRUARY 7, 1990

815

Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

9,600 220,495
0 2,152,100
0

Functional Budget

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

78,225,821
59,687,770 8,878,459
167,250 2,617,532
963,481 4,224,364
71,202 1,317,813
258,850 232,500
200,000 275,000 981,600 79,875,821 1,650,000 78,225,821

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

17,874,233

$

16,065,742

$

45,935,846

$

79,875,821

$

16,374,233

$

16,065,742

$

45,785,846

$

78,225,821

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$

13,968,661
7,033,399 2,441,826
134,000 116,282 178,771 363,312 89,187 159,000 859,800 2,757,323
0 14,132,900

816

JOURNAL OF THE HOUSE,

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

13,647,900

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

414,851 29,600 13,000 0 600 40,000 69,988 5,000 29,100
3,500,000 4,102,139
320,761

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

$

4,102,139

$

4,699,985

$

939,682

$

1,262,519

$

419,356

$

293,052

$

6,518,306

$

18,235,039

$

320,761

$

4,699,985

$

919,682

$

1,182,519

$

419,356

$

293,052

$

6,133,306

$

13,968,661

Section 31. 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....................................................................$
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....................................................................$

13,915,342
291,342 13,624,000 13,915,342 13,915,342
7,778,296
6,354,204 401,012 247,660 83,491 163,148 331,000 304,623 115,752
1,235,746 9,236,636

WEDNESDAY, FEBRUARY 7, 1990

817

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

7,778,296

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,684,633

$

3,097,199

$

4,454,804

$

9,236,636

$

1,684,633

$

1,811,999

$

4,281,664

$

7,778,296

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

759,277,630
785,554,722 110,000,000
208,331,929 125,000,000 14,000,000
346,605 377,917 300,000
0 0 41,949,287 1,285,860,460 30,083,572 235,000,000 258,471,958 3,027,300 759,277,630

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

143,247,352
195,328,237 66,536,986
87,673,169 30,605,353
270,780 2,048,179
1,504,606
2,677,250 2,506,660
158,000
1,024,637 12,521,000

818

JOURNAL OF THE HOUSE,

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

839,750 600,000 200,000
818,346
211,000 405,523,953
3,517,000 97,501,895 160,702,006
555,700 143,247,352

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 Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
Teaching Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Total

$

1,867,811

$

3,581,555

$

1,527,038

$

111,771,413

$

6,367,100

$

50,236,113

$

48,512,267

$

145,815,884

$

2,953,426

$

2,334,750

$

5,830,380

$

1,947,105

$

2,413,747

$

20,365,364

$

405,523,953

$

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

$

501,750

$

5,830,380

$

0

$

62,464

$

20,298,395

$

143,247,352

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

7,230,510
5,783,390 6,636,813 12,420,203 5,189,693 7,230,510

Section 34. Department of Revenue.

WEDNESDAY, FEBRUARY 7, 1990

819

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

70,663,631
45,794,032 3,938,268 1,344,000
168,100 1,290,492 9,333,646 2,593,452
728,100 260,482
2,354,000
1,430,000 2,150,000 3,124,059 74,508,631 3,845,000 70,663,631

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

$

5,818,323

$

10,102,509

$

4,734,801

$

16,486,597

$

7,893,359

$

14,179,023

$

6,413,206

$

4,530,150

$

4,350,663

$

74,508,631

$

5,818,323

$

9,902,509

$

4,516,801

$

16,186,597

$

6,936,359

$

12,547,023

$

6,413,206

$

4,449,150

$

3,893,663

$

70,663,631

Section 35. Secretary of State. Budget Unit: Secretary of State..........................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Election Expenses ...........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

21,774,909 14,413,296 2,570,784
235,200 146,403 77,428 725,147 2,242,319 274,476 589,856 500,000 21,774,909 21,774,909

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Business Services and
Regulation

$

3,099,587

$

4,949,975

$

4,204,754

$

3,099,587

$

4,949,975

$

4,204,754

820

JOURNAL OF THE HOUSE,

Elections and Campaign Disclosure
Drugs and Narcotics State Ethics Commission Occupational Certification Total

$

1,151,608

$

942,873

$

197,758

$

7,228,354

$

21,774,909

$

1,151,608

$

942,873

$

197,758

$

7,228,354

$

21,774,909

Occupational Certification Functional Budgets

Board Costs

Cost of Operations

S.B. of Accountancy S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers
Commission S.B. of Barbers G.B. of Chiropractic
Examiners
State Construction Industry Licensing Board
S.B. of Cosmetology G.B. of Dentistry G.B. of Examiners of
Licensed Dieticians S.B. of Professional
Engineers and Land Surveyors S.B. of Registration for Foresters S.B. of Funeral Services S.B. of Registration for Professional Geologists S.B. of Hearing Aid Dealers and Dispensers G.B. of Landscape Architects S.B. for the Certification of Librarians Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists Composite S.B. of Medical Examiners S.B. of Nursing Home Administrators G.B. of Nursing S.B. of Dispensing Opticians S.B. of Examiners in Optometry S.B. of Occupational Therapy S.B. of Pharmacy S.B. of Physical Therapy S.B. of Podiatry Examiners S.B. of Polygraph Examiners G.B. of Examiners of Licensed Practical Nurses

$

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

$

21,600

$

31,217

$

3,965

$

20,966

$

16,000

$

113,073

$

115,000

$

1,193,058

$

16,000

$

41,555

$

79,000

$

1,081,927

$

10,500

$

38,664

$

20,000

$

47,369

$

10,000

$

18,900

$

84,500

$

541,543

$

17,000

$

70,530

$

7,500

$

21,129

$

7,000

$

30,669

$

55,500

$

592,702

WEDNESDAY, FEBRUARY 7, 1990

821

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

$

15,000

$

315,722

$

21,500

$

59,859

$

8,500

$

21,048

$

7,500

$

29,894

$

15,000

$

203,990

$

13,850

$

49,920

$

45,000

$

81,987

$

12,100

$

1,200,595

$

182,652

$

8,114,358

B. Budget Unit: Real Estate Commission .........................................$ Real Estate Commission Budget:
Personal Services: ............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

1,552,017
882,298 139,235
12,000 16,734 10,330 227,170 116,250 47,000 101,000 1,552,017 1,552,017

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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

1,793,968
829,755 119,206 55,000
0 11,516 6,635 42,660 17,500 155,300 556,396 1,793,968 1,793,968

Section 37. Student Finance Commission.

822

JOURNAL OF THE HOUSE,

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

21,819,394
3,975,904 373,300 65,800 0 19,395 285,000 125,000 17,500 381,625
4,110,000 14,588,227
5,020,320
42,000
108,000 200,000
407,000
454,300 30,173,371 21,819,394

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

$

24,929,847

$

30,173,371

$

0

$

381,625

$

21,437,769

$

21,819,394

Section 38. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Equipment ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Cost-of-Living Increases for Local
Retirement System Members ....................................................$ Floor Fund for Local
Retirement Systems ....................................................................$ Post Retirement Benefit
Increases for Retirees..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

3,537,500
2,785,099 286,917 26,000 14,275
1,017,619 309,375 110,368 336,000
2,700,000
837,500
0 8,423,153 3,537,500

WEDNESDAY, FEBRUARY 7,1990

823

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 ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

128,224,529
3,686,423 327,613 117,000 0 44,400
1,838,216 398,000 56,185
1,017,000 76,883,167 10,872,006 8,290,000 5,640,354 27,116,806 2,709,714 7,008,143 145,005,027 128,244,907

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

7,484,837

$

138,520,190

$

146,005,027

$

6,355,246

$

121,889,661

$

128,244,907

Section 40. Department of Transportation. Budget Unit: Department of
Transportation ........................................................$ For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ 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 .......................................................................$

656,484,979
218,662,313 52,471,244 1,718,000
1,020,000 5,986,095 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

824

JOURNAL OF THE HOUSE,

Savannah Harbor Maintenance Payments ......................................................................................$
Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction....................................................................$
G.O. Debt Sinking Fund ................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

1,263,500
0 45,741,427 990,144,004 656,484,979

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

$

553,325,560

$

192,098,526

$

8,209,064

$

9,317,013

$

20,828,610

$

900,000

$

784,678,773

$

252,402,839

$

181,021,908

$

7,548,964

$

9,317,013

$

20,157,610

$

900,000

$

471,348,334

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

$

$

2,453,784

$

$

15,029,281

$

$

1,263,500

$

$

136,651,666

$

$

40,000,000

$

$

205,465,231

$

Section 41. Department of Veterans Service. Budget Unit: Department of Veterans
Service ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

317,000
750,000 1,183,784
4,970,695
1,263,500 136,651,666
40,000,000 185,136,645
19,936,381
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
271,000 24,227,232 19,936,381

WEDNESDAY, FEBRUARY 7, 1990

825

Veterans Service Functional Budgets

Total Funds

State Funds

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

$

5,241,769

$

13,155,233

$

5,830,230

$

24,227,232

$

5,013,961

$

10,424,190

$

4,498,230

$

19,936,381

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 ......................................................$ Georgia Crime Victims
Assistance Program .....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

8,106,713
6,527,143 297,625 65,250 0 21,715 328,305 608,000 103,695 179,980
50,000 8,181,713 8,106,713

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

306,431,706 25,113,000

Section 44. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and 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 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 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 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

826

JOURNAL OF THE HOUSE,

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 designated 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 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 48. 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 49. 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 50. Provisions Relative to Section 12. Department of Agriculture. It is the intent of this General Assembly that the $3,000,000 appropriated to the Department of Agriculture for the Boll Weevil Eradication Program by utilized solely for the purpose of paying $10 per acre of the $35 per acre fee to be paid by Georgia cotton growers participating in the 1990 Cotton Boll Weevil Eradication Program.
Section 51. Provisions Relative to Section 15, Department of Corrections. The Department of Corrections is authorized to utilize available funds to obtain, improve and begin operations of a correctional facility in Clinch County, Georgia.
Section 52. Provisions Relative to Section 17, State Board of EducationDepartment 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 allotments 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.
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,

WEDNESDAY, FEBRUARY 7, 1990

827

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 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.
From the appropriations in Section 17, funds in the amount of $100,000 are designated 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 53. 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 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 $ 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.

Section 54. Provisions Relative to Section 27, Department of Medical Assistance. Provided that of the State fund appropriation to the Department of Medical Assistance, $2,000,000 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1989.

Section 55. 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%).

828

JOURNAL OF THE HOUSE,

Section 56. Provisions Relative to Section 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Area Planning and Development Commissions which employ Preservation Planners as of July, 1989.
Section 57. Provisions Relative to Section 30, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instructors utilizing federal funds.
Section 58. 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 programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 59. Provisions Relative to Section 34, Department of Revenue. From the appropriation in Section 34 (Department of Revenue) relating to motor vehicle tag and decal purchases the department is authorized to use available funds for the purchase of either 1983 or 1990 motor vehicle tags.
Section 60. 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 61. 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 authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less

WEDNESDAY, FEBRUARY 7, 1990

829

refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 39 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III. Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 62. 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 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 64. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 65. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal 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 66. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
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.

830

JOURNAL OF THE HOUSE,

The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 67. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 68. 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 69. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal Funds.
Section 70. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly.
Section 71. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each 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 72. (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 the purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each

WEDNESDAY, FEBRUARY 7, 1990

831

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 73. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 7 4. 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 75. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed 240 months:

Project/Purpose

Principal Amount

Debt Service

County Workcamp construction Replacement of modular units
at Hardwick C.l. Construction of additional
facilities at Ga. Industrial Institute Construction of three correctional facilities Diversion Centers construction Local school construcion Construction of facilities at Institutes of Incarceration for the Department of Corrections Georgia Veterans Cemetery Development Public Library Projects

$

7,500,000

1,300,000

14,000,000
76,600,000 3,300,000 45,580,000

14,000,000
1,250,000 12,925,000

$

750,000

130,000

1,400,000
7,660,000 330,000
4,558,000

1,400,000
125,000 1,292,500

B.) Maturities not to exceed 60 months:

Repairs and renovation for Technical Institutes
Construction crew barracks Environmental Facilities
Construction Water System Renovations at
Central State Hospital

$

13,500,000

720,000

15,000,000

650,000

$

3,375,000

180,000

3,750,000

162,500

832

JOURNAL OF THE HOUSE,

Section 76. 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 77. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1990 .................................................................................$ 7,643,807,302

Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 79. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Representative McDonald of the 12th moved that the House disagree to the Senate substitute to HB 1288.
The motion prevailed.

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

HB 1557. By Representatives Watson of the 114th, Waddle of the 113th and Walker of the 115th:
A bill to amend Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change the provisions relating to the membership of the Georgia Aviation Hall of Fame.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 90, nays 1.
The Chair voted "aye". On the passage of the Bill, the ayes were 91, nays 1.

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

HB 1635. By Representative Parrish of the 109th:
A bill to amend Code Section 47-10-100 of the Official Code of Georgia Annotated, relating to retirement age and benefits under the "Trial Judges and Solicitors Retirement Fund Act," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.

WEDNESDAY, FEBRUARY 7, 1990

833

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

Aaron Y Abernathy
Y Adams Y Aiken Y Alford E Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford
Byrd
Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

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

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

McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie YMueller
Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell YParbam Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter Y Poston YPowell
Randall YRansom 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
Smyre
YSnow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens Y Streat Y Teper
Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vanghan Y Waddle
Walker,C Y Walker,L
Y Wall YWare Y Watson Y Watts
White Wilder Williams,B Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 135, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HR 692. By Representatives Lawson of the 9th, Ware of the 77th, Griffin of the 6th, Ricketson of the 82nd, Brown of the 88th and Dunn of the 73rd

A RESOLUTION
Creating the Joint Outpatient Drug Treatment Study Committee; and for other purposes.
WHEREAS, the abuse of or addiction to drugs is one of the most serious problems facing our state; and
WHEREAS, many health insurance policies exclude outpatient treatment for the addiction to drugs; and
WHEREAS, there is evidence to suggest that such outpatient treatment is extremely effective and lower in cost than treatment requiring the patient to be confined in a medical facility; and
WHEREAS, it is appropriate that the issue of mandatory insurance coverage of outpatient treatment for the addiction to drugs be considered thoroughly.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Outpatient Drug Treatment Study Committee

834

JOURNAL OF THE HOUSE,

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 members of the committee shall elect a member 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 five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1990. The committee shall stand abolished on December 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 roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams
Aiken
Y Alford EAllen
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron
Bamett,B Y Barnett,M Y Bates
Beck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford
Byrd y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks

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

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder y Long
Lord Y Lucas
Lupton YMangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C
Y Meadows YMilarn Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell YParharn Y Parrish Y Patten Y Pettit
Pinkston y Poag
Porter Y Poston Y Powell
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield

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

On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

WEDNESDAY, FEBRUARY 7, 1990

835

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 hazardous waste from locations outside the state at hazardous waste disposal facilities located within the state.

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 1251. By Representatives Hasty of the 8th, Stancil of the 8th, Clark of the 20th, Tolbert of the 58th, Barnett of the lOth and others:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning public health, so as to prohibit the Department of Human Resources from entering into certain contracts or making certain expenditures for the construction or use of certain additional special health care facilities unless notice thereof is provided to the governing authorities of counties or municipalities affected and to certain members of the General Assembly.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning public health, so as to prohibit the Department of Human Resources from making certain expenditures for certain additional special health care facilities unless notice thereof is provided to the governing authorities of counties or municipalities affected and to certain members of the General Assembly; to provide for what shall be included in the notice; to define a certain term; to include notice requirements in certain contracts; 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 31 of the Official Code of Georgia Annotated, relating to general provisions concerning public health, is amended by adding following Code Section 31-1-7 a new Code Section 31-1-8 to read as follows:
"31-1-8. (a) For the purposes of this Code section, the term 'special health care facility' means any of the following facilities:
(1) A facility utilized for the diagnosis, care, treatment, and hospitalization of persons who are mentally ill as defined in paragraph (7) of Code Section 37-3-1;
(2) A facility utilized for the habilitation and residence of persons who are mentally retarded as defined in paragraph (6) of Code Section 37-4-2;
(3) A day-care center which furnishes care and training to mentally retarded individuals on less than a 24 hour basis as defined in paragraph (I) of Code Section 37-6-1;
(4) A facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics, drug dependent individuals, or drug users as defined in paragraph (11) of Code Section 37-7-1; or
(5) A facility operated by the department and used for the treatment and residence of delinquent children, provided such facility affords secure custody. (b) At least 30 days prior to the expenditure of state funds for any new or additional health care facility by an agency or board of health contracting with the Department of Human Resources, such agency or board will notify the governing authority of the county and any municipality wherein the special health care facility is to be located, and

836

JOURNAL OF THE HOUSE,

each member of the General Assembly whose Senate or House district includes any part of the property upon which the facility is to be located. That notification shall include a description of the proposed special health care facility, including its proposed location, the category of patients to be confined therein, and the maximum number of patients to be so confined. The Department of Human Resources will include such requirements in all departmental contracts entered into with such boards or agencies."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B
N Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs
Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
Holmes Y Hooks
Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence Lawson
YLee Linder
Y Long Lord
Lucas Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

N McKinney,B N McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C Y Oliver,M YOrr Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell
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
Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens
Y Streat Y Teper
Thomas,C YThomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend y Twiggs Y Vaughan
Waddle Walker,C Y Walker,L Y Wall YWare Y Watson
Watts White Y Wilder YWilliams,B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 138, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1336.

By Representatives Tolbert of the 58th, Redding of the 50th, Ehrhart of the 20th, Barnett of the 59th, Williams of the 48th and others:
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 agency, or person acting on behalf of any agency, from making contributions to any campaign committee, political action committee, or political organization.

The following Committee substitute was read and adopted:

WEDNESDAY, FEBRUARY 7, 1990

837

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 agency, or person acting on behalf of any agency, from making contributions to any campaign committee, political action committee, or political organization; to provide that the authority of the State Personnel Board or the authority of any agency to regulate the political activities of certain public employees shall not be affected by this Act; to provide that the use of the capitol building and grounds shall not be affected by this Act and for other exceptions; 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 Annotated, relating to campaign contributions under the "Ethics in Government Act," is amended by adding a new Code section immediately following Code Section 21-5-30.1, to be designated Code Section 21-5-30.2, to read as follows:
"21-5-30.2. (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) 'Agency' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) Every county, municipal corporation, school district, or other political subdi-
vision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar
body of each such county, municipal corporation, or other political subdivision of this state; and
(D) Every city, county, regional, or other authority established pursuant to the laws of this state. (2) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred by or on behalf of an agency, without receipt of payment therefor, to any campaign committee, political action committee, or political organization. (3) 'Elector' means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state and who shall have registered in accordance with Chapter 2 or 3 of this title. (4) 'Political action committee' means any committee, club, association, partnership, 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 members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee. (5) 'Political organization' means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office. (6) 'Public meeting place' means any county, municipal, or other public building suitable and ordinarily used for public gatherings. (b) No agency and no person acting on behalf of an agency shall make, directly or indirectly, any contribution to any campaign committee, political action committee, or political organization. (c) No campaign committee, political action committee, or political organization shall accept a contribution in violation of subsection (b) of this Code section. (d) Nothing contained in this Code section shall be construed to: (1) Affect the authority of the State Personnel Board regarding the regulation of certain political activities of public employees in the classified service of the State Merit System;

838

JOURNAL OF THE HOUSE,

(2) Affect the authority of any agency regarding the regulation of the political activities of such agency's employees;
(3) Affect the use of the capitol building and grounds as specified in Code Section 50-16-4; or
(4) Prohibit the use of public meeting places by political organizations when such meeting places are made available to different political organizations on an equal basis; provided, however, this paragraph shall not be construed to create a right for a political organization to use a public meeting place."
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 E Allen Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Buck Y Buford
Byrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y C!ark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch
Crawford Crosby Y Cummings,B Y Cummings,M Y Davis,C Davis,G Y Davis,M Y Dixon,H
Y Dixon,S
Y Dobbs Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
Holmes
YHooks 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 y Lee
Linder Y Long
Lord Y Lucas
Lupton Mangum Martin Y McCoy McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M YOrr Y Orrock
Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell
Randall Y Ransom YRay
Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal Y Selman
Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W
Smyre Y Snow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens
Streat Y Teper
Thomas,C Thomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall YWare 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 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1249.

By Representatives Colwell of the 4th and Murphy of the 18th:
A bill to amend Article 2 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to the coordinate system for defining, designating, and stating with coordinates the geographic positions or locations of points on the surface of the earth within the State of Georgia, so as to provide for applicability of the Georgia Coordinate System provided for by an Act approved March 6, 1945.

WEDNESDAY, FEBRUARY 7, 1990

839

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of boundaries and the coordinate system for defining, designating, and stating with coordinates the geographic positions or locations of points on the surface of the earth within the State of Georgia, thus forming a base system for controlling and describing the location of surveying and mapping points, so as to provide that distances may be expressed in either meters and decimals of a meter or, following conversion as provided in Code Section 44-4-28, in American Survey feet and decimals of a foot when using the Georgia Coordinate System of 1985; 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 44 of the Official Code of Georgia Annotated, relating to determination of boundaries and the coordinate system for defining, designating, and stating with coordinates the geographic positions or locations of points on the surface of the earth within the State of Georgia, thus forming a base system for controlling and describing the location of surveying and mapping points, is amended by striking in its entirety Code Section 44-4-22, relating to alternative plane coordinates for expressing location of a point for Georgia Coordinate System and Georgia Coordinate System of 1985, and substituting in lieu thereof a new Code Section 44-4-22 to read as follows:
"44-4-22. The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in the appropriate zone of this system, shall consist of two distances expressed in U. S. Survey feet and decimals of a foot when using the Georgia Coordinate System and expressed in either meters and deci-
mals of a meter Q!:, following conversion ~ provided !!! Code Section 44-4-28, !!! Ameri-
can Survey feet and decimals Qf !! foot when using the Georgia Coordinate System of 1985. One of these distances, to be known as the 'x-coordinate,' shall give the position in an east-and-west direction; the other, to be known as the 'y-coordinate,' shall give the position in a north-and-south direction. These coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Ocean Survey/National Geodetic Survey, formerly the United States Coast and Geodetic Survey, or its successors, and whose plane coordinates have been computed on the systems defined in this article. Any such control monument may be used for establishing a survey connection to either Georgia Coordinate System."
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 E Allen Y Athon Y Atkins Y Bailey
Y Baker

Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Batea Y Beck Y Benefield YBenn

Y Birdsong Y Bishop Y Boatick Y Branch Y Breedlove Y Brooka Y Brown YBuck Y Buford
Byrd

Y Campbell
Y Carrell Y Carter Y Chambleaa Y Chance Y Cheeka Y Childers
Clark,B Y Clark,H Y Clark,L

Y Coleman
Y Colwell Connell Couch Crawford Crosby
Y Cumminga,B
Y Cumminga,M Y Davis,C Y Davis,G

840

JOURNAL OF THE HOUSE,

Y Davis,M Y Dixon,H YDixon,S Y Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W N 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
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 Y Lee Y Linder
Y 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
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston

Y Poag Y Porter Y Poston Y Powell y Randall
Y Ranaom YRay
Y Reaves y Redding
Y Richardaon Y Ricketson Y Robinson y Royal y Sebnan
Y Simpaon Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stanci~S Y Stanley
Y Steele

Y Stephena Y Streat Y Teper
Thomas,C YThomas,M YThompaon
YThurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Y Wilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murpby,Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker assumed the Chair.

HB 1309.

By Representatives Connell of the 87th, Murphy of the 18th, McDonald of the 12th, Coleman of the 118th, Thomas of the 69th and others:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to change provisions relating to meetings of the committee; to change provisions relating to approval of certain invoices by the committee.

The following amendment was read:

Representative Isakson of the 21st moves to amend HB 1309 by adding on l~e 3 of page 1 after "as" and before "to" the following:
"to increase the membership of the committee;".
By adding on line 4 of page 1 after the semicolon and before "to" the following:
"to change the quorum of the committee;".
By adding between lines 9 and 10 of page 1 a new Section 0.5 to read as follows:
"Section 0.5. Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, is amended by striking subsection (a) of Code Section 28-4-1, relating to the Legislative Services Committee, and inserting in its place a new subsection (a) to read as follows:
'(a) There is created the Legislative Services Committee, hereinafter called the committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the chairman of the Appropriations Committee of the Senate, the chairman of the Appropriations Committee of the House of Representatives, the chair man of the Judiciary Committee of the Senate, the chairman of the Judiciary Committee of the House of Representatives, the chairman of the Banking and Finance

WEDNESDAY, FEBRUARY 7, 1990

841

Committee of the Senate, the chairman of the Ways and Means Committee of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, the majority leader of the Senate, the
minority leader 2f the Senate, the majority leader of the House of Representatives, the minority leader 2f the House 2f Representatives, the Secretary of the Senate, and the
Clerk of the House of Representatives. The Speaker of the House of Representatives shall be chairman of the committee, and the Secretary of the Senate shall be secretary of the committee."'
By striking from line 21 of page 1 the following:
"Eight",
and inserting in its place the following:
"Eight Ten".

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

Aaron Abernathy N Adams Y Aiken Alford EAllen Athon Y Atkins N Bailey Baker Y Balkcom Bannister N Barfoot Bargeron
N Barnett,B Y Barnett,M
Y Bates Beck
N Benefield Benn
N Birdsong N Bishop
N Bostick N Branch Y Breedlove Y Brooks N Brown NBuck N Buford N Byrd Y Campbell N Carrell N Carter N Chambless
N Chance Y Cheeks

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

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

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

On the adoption of the amendment, the ayes were 55, nays 87. The amendment was lost.

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

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

Aaron Abernathy Y Adsms

Y Aiken
Alford E Allen

Athon Y Atkins Y Bailey

Baker Y Balkcom
Bannister

Y Barfoot Y Bargeron Y Bamett,B

842

JOURNAL OF THE HOUSE,

Y Barnett,M YBates YBeck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Clark,B
Y Clark,H Y Clark,L YColeman
Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M

Y Davis,C
Y Davis,G Y Davis,M
Y Dixon,H Y Dixon,S y Dobbs Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee
Y Goodwin Y Green Y Greene
Gresham YGriffin
Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHeard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren

Y Hudson Ylrwin Y Isakson
Y Jackaon,J Y Jackaon,W
Jamieson Y Jenkins
Y Johnson N Jones
Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton
Mangum YMartin YMcCoy
Y McDonald Y McKelvey N McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody

Y Morton Y Moultrie N Mueller Y Oliver,C Y Oliver,M YOrr
Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell 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

YSmith,W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson
Thurmond Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L YWall
Ware Y Watson Y Watts YWhite N Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

The Speaker Pro Tern assumed the Chair.

HB 1333.

By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to reenact Article 1 thereof, relating to sales in this state of subdivided lands, so as to provide that the Secretary of State will no longer have powers or duties under that article and that certain of such powers and duties will become the powers and duties of the Georgia Real Estate Commission.

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

Aaron
Y Abernathy Y Adams
Aiken Alford
E Allen Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Bamett,B Y Barnett,M

Y Bates
Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell

Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M

Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Dixon,S N Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee

Y Goodwin Y Green Y Greene
Gresham Y Griffm Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

WEDNESDAY, FEBRUARY 7, 1990

843

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 Y Lee
Linder Y Long

Y Lord Y Lucas Y Lupton YMangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B McKinney,C Y Meadows Milam Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr

Y Orrock
Y Padgett Y Pannell
YParbam Y Parrish Y Patten
Y Pettit Pinkston
y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Reaves y Redding
Y Richardson Y Ricketson Y Robinson

y Royal
YSelman Y Simpson Y Sinkfield
Smith,L Y Smith,P Y Smith,T YSmith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stauley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson

Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
YWaddle Walker,C
Y Walker,L Y Wall
Ware Y Watson Y Watts y White
Y Wilder YWilliams,B
Williams,J Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 152, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1381.

By Representative Kingston of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents.

The report of the Committee, which was favorable to the 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 E Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 YCampbell Y Carrell Y Carter Y Chambless
Chance Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch 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 YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green Y Greene
Gresham Y Griffm Y Groover Y Hamilton Y Harmer

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes YHooks 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 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

McKinney,B
McKinney,C Y Meadows
Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller
Oliver,C Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell YParbam Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal y Selman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stauley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M Y Thompson YThurmond
Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C
Walker,L Y Wall
Ware Watson Y Watts y White
Y Wilder Y Williams,B
Williams,J Y Yates YYeargin
Murphy,Spkr

844

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1347.

By Representative Aaron of the 56th:
A bill to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that the state and political subdivisions thereof are not required to issue a permit for a parade or demonstration or to offer police protection in connection therewith to any group which advocates hatred of and discrimination or the commission of crimes against another segment of society on account of race, color, sex, religion, or national origin.

By unanimous consent, further consideration of HB 1347 was postponed until tomorrow morning, immediately following the period of unanimous consents.

Representative Groover of the 99th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, FEBRUARY 8, 1990

845

Representative Hall, Atlanta, Georgia Thursday, February 8, 1990

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

Adams Alford Athon Atkins Bailey
Baker Balkcom Bannister
Barfoot Bargeron Barnett,B
Bates Beck Benefield
Benn Birdsong Bishop
Branch Breedlove Brooks Brown Buck Buford Byrd
Campbell Carrell Carter Chambless Chance Cheeks Childers Clark,B

Clark,H
Clark,L Colwell Connell Crosby
Cummings,B Davis,C Davis,G Davis,M Dixon,H Dixon,S
Dobbs Dover Dunn Ehrhart Felton Fennel Floyd,J.M Floyd,J.W Foster
Godbee Green Greene Gresham Griffin Groover Hamilton Hanner Harris
Hasty Heard Herbert

Holcomb Holland Holmes Hooks Howren Hudson Irwin Isakson Jackson,J Jackson,W Jamieson Jenkins Johnson Jones Kilgore Kingston Lane,D Langford Lawrence Lawson
Lee
Linder Long Lord
Lucas
Lupton Mangum
McCoy McDonald McKelvey
McKinney,B

McKinney,C Meadows Milam Mobley Moody Morton Moultrie Mueller Oliver,C Oliver,M Orr Orrock Padgett Pannell Parham Parrish Patten Pettit Poag
Poston
Powell
Randall
Ransom Ray
Reaves Redding
Ricketson
Robinson Royal
Selman Simpson

Sinkfield Smith,L Smith,P Smith,T Smith,W Snow Stancil,F Stancil,S Steele Stephens Streat Teper Thomas,M Thompson Thurmond Titus Tolbert Townsend Twiggs
Vaughan
Waddle
Walker,L
Wall
Ware
Watson
Watts
Wilder
Williams,B
Williams,J
Yates
Yeargin

Prayer was offered by the Reverend Richard Turner, Pastor, First United Methodist Church of Centerville, Centerville, Georgia.

Representative Bargeron of the 108th, 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.

846

JOURNAL OF THE HOUSE,

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

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

HB 1766. By Representatives Alford of the 57th and Mangum of the 57th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to surface mining, so as to provide that no permit shall be issued for any mining that involves blasting and that is within five miles of an existing residential water well unless proof is submitted that such mining will not have an adverse effect on such wells; to provide that any operator causing damage from such mining shall be liable for such damage.
Referred to the Committee on Natural Resources & Environment.

HB 1767. By Representatives Davis of the 72nd, Benefield of the 72nd, Bailey of the 72nd, Lee of the 72nd and Holcomb of the 72nd:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for a new Chapter 12 to be entitled the "Georgia Animal Fighting Act".
Referred to the Committee on Game, Fish & Parks.

HB 1768. By Representatives Davis of the 72nd, Benefield of the 72nd, Bailey of the 72nd, Lee of the 72nd and Holcomb of the 72nd:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals in general, so as to provide for the offense of cruelty to animals; to provide for penalties; to provide for the new offense of aggravated animal abuse.
Referred to the Committee on Game, Fish & Parks.

HB 1769. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to surface mining, so as to provide that no permit shall be issued for any mining operation within two miles of an adjacent county line unless the governing authorities of both counties agree to the mining operation.
Referred to the Committee on Natural Resources & Environment.

HB 1770. By Representatives Dobbs of the 74th and Stancil of the 66th:
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 provide for the maintenance and inspection of certain records, reports, and documents.
Referred to the Committee on Industry.

HB 1771. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to repeal the "Paulding County Water Authority Act," to abolish the Paulding County Water Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 8, 1990

847

HB 1772. By Representative Watts of the 41st:
A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to expand the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1773. By Representative Lord of the 107th:
A bill to amend an Act providing a new charter for the City of Wrightsville, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1774. By Representatives Griffin of the 6th, Pettit of the 19th, Foster of the 6th, Coleman of the 118th, Walker of the 115th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to change the definition of the offense of criminal issuance of a bad check.
Referred to the Committee on Special Judiciary.

HB 1775. By Representatives Alford of the 57th, Coleman of the 118th, Watson of the 114th, Stephens of the 68th, Kilgore of the 42nd and others:
A bill to amend Article 9 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Rail Passenger Authority Law," so as to change the method of appointment of the members of the authority under certain circumstances; to provide for requests by the authority for data related to the public purpose of the authority.
Referred to the Committee on Transportation.

HB 1776. By Representatives Isakson of the 21st, Thompson of the 20th, Vaughan of the 20th, Howren of the 20th, Atkins of the 21st and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1777. By Representative Poag of the 3rd:
A bill to amend an Act creating a new charter for the City of Cohutta, so as to consolidate and redefine the various annexations of the City of Cohutta into a single corporate limit description.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1778. By Representatives Padgett of the 86th, Connell of the 87th, Cheeks of the 89th and Brown of the 88th:
A bill to repeal an Act creating the Oak Ridge Water and Sewerage Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

848

JOURNAL OF THE HOUSE,

HB 1779. By Representatives Poston of the 2nd, Oliver of the 53rd, Chambless of the 133rd and Holland of the 136th:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates and magistrate courts in general, so as to provide that certain retired magistrates be authorized to perform marriage ceremonies.
Referred to the Committee on Judiciary.

HB 1780. By Representative Stephens of the 68th:
A bill to amend Article 2 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing and regulation of agents, brokers, and others for property, casualty, or surety insurance, so as to prohibit insurers from terminating an agent's certificate of authority solely on the basis of the loss ratio experience on insurance transacted by such agent.
Referred to the Committee on Insurance.

HR 786. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Rebecca Jane Miller.
Referred to the Committee on Appropriations.

HR 787. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Melissa D. Walker.
Referred to the Committee on Appropriations.

HR 794. By Representative Poag of the 3rd: A resolution designating the Edna Jo Butler Parkway.
Referred to the Committee on Transportation.

HR 795. By Representative Poag of the 3rd: A resolution designating the Clarence Ridley Highway.
Referred to the Committee on Transportation.

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 1789. By Representatives Chambless of the 133rd, Pannell of the 122nd, Childers of the 15th, Hanner of the 131st and Robinson of the 96th:
A bill to amend Code Section 31-22-9.2 of the Official Code of Georgia Annotated, relating to ordering HIV tests, so as to provide additional conditions under which HIV tests may be ordered without complying with certain requirements; to change certain penalty and statute of limitations provisions.
Referred to the Committee on Health & Ecology.

THURSDAY, FEBRUARY 8, 1990

849

HB 1790. By Representatives Lord of the 107th, Edwards of the 112th and Bargeron of the 108th:
A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to strike, revise, and reenact Article 1 of said chapter, so as to provide for definitions; to provide for legislative purpose; to provide that certain conduct that fails to comply with that article is unlawful, and provide for criminal penalties.
Referred to the Committee on Industry.

HR 796. 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 providing financing assistance to farmers to encourage economic development and consumer availability of emerging crops and to authorize the appropriation of funds for the purposes of such emerging crops fund.
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 1743 HB 1744 HB 1745 HB 1746 HB 1747 HB 1748 HB 1749 HB 1750 HB 1751 HB 1752
HB 1753 HB 1754
HB 1755 HB 1758
HB 1759 HB 1760
HB 1761

HB 1762 HB 1763 HB 1764 HB 1765 HR 778 HR 779 HR 785 SB 499 SB 519 SB 554 SB 590 SB 600 SB 630 SB 638 SB 675 SR 217

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 141 Do Pass, by Substitute HR 574 Do Pass HR 682 Do Pass
Respectfully submitted,
Is/ McDonald of the 12th
Chairman

850

JOURNAL OF THE HOUSE,

Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1234 Do Pass, by Substitute HB 1326 Do Pass
Respectfully submitted,
Is/ Holmes of the 28th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

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

HB 1505 Do Pass HB 1563 Do Pass HB 1696 Do Pass HB 1740 Do Pass SB 572 Do Pass

SB 573 Do Pass HB 577 Do Pass, by Substitute HB 952 Do Pass, as Amended HB 1323 Do Pass, by Substitute HB 1536 Do Pass, by Substitute

Respectfully submitted, /sf Childers of the 15th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

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

HB 1686 Do Pass HB 1708 Do Pass HB 1680 Do Pass HB 1679 Do Pass, by Substitute

SB 570 Do Pass, as Amended SB 530 Do Pass HB 1463 Do Pass, by Substitute

Respectfully submitted, /sf Watson of the 114th
Chairman

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

Mr. Speaker:

THURSDAY, FEBRUARY 8, 1990

851

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

SB 523 Do Pass HB 1710 Do Pass HB 1199 Do Pass, by Substitute HB 1674 Do Pass HB 1609 Do Pass

HB 1137 Do Pass, by Substitute HB 904 Do Pass, by Substitute HB 1678 Do Pass, as Amended HB 1752 Do Pass, by Substitute HB 1128 Do Pass, as Amended

Respectfully submitted, /s/ Ware of the 77th
Chairman

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

Mr. Speaker:

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

HB 1098 Do Pass HB 1165 Do Pass, as Amended HB 1409 Do Pass, by Substitute HB 1514 Do Pass HB 744 Do Pass, by Substitute HB 1184 Do Pass, by Substitute HB 1317 Do Pass, by Substitute

HB 1318 Do Pass, by Substitute HB 1319 Do Pass, by Substitute HB 1597 Do Pass, by Substitute HB 1632 Do Pass HB 1633 Do Pass HB 1663 Do Pass

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

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

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

SB 580 Do Pass SB 441 Do Pass, as Amended

HB 1260 Do Pass, by Substitute HB 1089 Do Pass, by Substitute

Respectfully submitted, /s/ Twiggs of the 4th
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:

852

JOURNAL OF THE HOUSE,

HR 765 Do Pass HR 780 Do Pass HR 735 Do Pass

Respectfully submitted,
Is/ Lee of the 72nd
Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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

HB 383 Do Pass, by Substitute HB 1456 Do Pass, as Amended HB 1202 Do Pass, as Amended HB 1610 Do Pass

HB 1607 Do Pass HB 1605 Do Pass SB 457 Do Pass

Respectfully submitted,
Is/ Randall of the 101st
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 848 Do Pass, by Substitute HB 1727 Do Pass HB 1734 Do Pass

HB 1735 Do Pass HB 1737 Do Pass SB 349 Do Pass, by Substitute

Respectfully submitted,
Is/ 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 Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 731 Do Pass HR 761 Do Pass SB 567 Do Pass
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman

THURSDAY, FEBRUARY 8, 1990

853

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

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

HB 442 Do Pass, by Substitute HB 1298 Do Pass, by Substitute

HB 1493 Do Pass, by Substitute HB 1447 Do Pass

Respectfully submitted, /s/ Coleman of the 118th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 8, 1990

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:

HB 1168 HB 1216 HB 1390 HB 1391 HB 1392 HB 1422 HB 1423 HB 1434 HB 1492 HB 1512 HB 1560

Wkrs'. Comp.; Cert. Injury or Death; Benefits Not Allowable (Rec.) Controlled Subst./Marijuana; Cert. Offenses; Proximity to Schools Guardian; Settlement on Behalf of Ward; Judge's Authorization Guardianships; Modification or Termination; Revise Provisions Estates; Reporting Period of Fiduciaries Emergency 911 System; Local Governments Impose Monthly Charge Hazing; Penalty Hospitals; Definitions; Amend Provisions Commercial Code; Motor Vehicle Sales; Certain Collateral Explosive Device; Offense of Criminal Possession Teachers Ret.; Change Title of Executive Officer

HR 729 Decatur County; Convey Property HR 764 Bartow 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

By unanimous consent, the following Bill of the House was again taken up for consideration:

HB 848. By Representative Thompson of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to provide for the levy of an ad valorem tax of not more than 20 mills for the purpose of supporting and maintaining public schools.

The following Committee substitute was read and adopted:

854

JOURNAL OF THE HOUSE,

A BILL

To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to provide for the levy of an ad valorem tax of not more than 20 mills for the purpose of supporting and maintaining public schools; 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 reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by inserting immediately following Section 7.9 a new Section 7.9A to read as follows:
"Section 7.9A. In addition to all other ad valorem taxes on real and personal property within the corporate limits of the city, the city shall levy and collect an additional tax of not more than 20 mills on all real and personal property within the corporate limits of the city. The proceeds of such tax shall be used solely for the purpose of supporting and maintaining the public schools of the city."

Section 2. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, but only after the Board of Education of the City of Marietta has by resolution requested an election, the election superintendent of the City of Marietta shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Marietta for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cobb County. The ballot shall have written or printed thereon the words:

"( ) YES ) NO

Shall the Act be approved which provides for the levy of an ad valorem tax of not more than 20 mills for the support and maintenance of the public schools of the City of Marietta?"

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; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section.
The expense of such election shall be borne by the City of Marietta. 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HB 1727.

By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to repeal an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County.

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

THURSDAY, FEBRUARY 8, 1990

855

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

HB 1734.

By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to provide for procedures for filling vacancies in the office of mayor or councilor.

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

HB 1735.

By Representatives Thompson of the 20th and Howren of the 20th:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District.

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

HB 1737.

By Representative Hudson of the 117th:
A bill to amend an Act placing the sheriff of Pulaski County on an annual salary, so as to provide for deputies and other personnel and for operating expenses for the sheriffs office.

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

SB 349. By Senator Fuller of the 52nd:
A bill to amend an Act providing for the election of the judge of the Juvenile Court of Floyd County so as to provide that the salary of such judge shall be set by the governing authority of Floyd County; to provide that such judge shall devote his full time to the duties of his office and shall not engage in the private practice of law; to provide for an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for the election of the judge of the Juvenile Court of Floyd County, approved April 12, 1982 (Ga. L. 1982, p. 4190), so as to change the manner of electing such judge; to provide for a full-time judge; to limit the practice of law by that

856

JOURNAL OF THE HOUSE,

judge; to change the compensation of the judge and the method for establishing the compensation; to change the qualifications for that office; to establish an advisory commission and provide for its membership and duties; 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 election of the judge of the Juvenile Court of Floyd County, approved April 12, 1982 (Ga. L. 1982, p. 4190), is amended by striking Sections 1 through 4 thereof and inserting in their place the following:
"Section 1. (a) The judge of the Juvenile Court of Floyd County who is serving as a part-time judge shall, upon the effective date of this Act, begin to serve as a full-time judge until the expiration of the term to which that judge was elected, which term shall expire December 31, 1990, and until the election and qualification of a successor. That successor and all future successors to such judge whose term of office is to expire shall be elected by the qualified electors of Floyd County at the November general election immediately preceding the expiration of such term and shall take office the first day of January immediately following that election and serve for a term of four years and until the election and qualification of a successor.
(b) Beginning in 1990, the judge of the Juvenile Court of Floyd County shall be nominated and elected at nonpartisan primaries and elections held in 1990 and every four years thereafter, which nonpartisan primaries and elections shall be held on the same dates in those years as the general primaries and general elections, respectively, are held. Each such judge shall be nominated and elected at those nonpartisan primaries and elections in the same manner and subject to the same procedures and requirements as judges of state courts who are nominated and elected in nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
Section 2. Each judge of the Juvenile Court of Floyd County who is elected to that office after 1989, or appointed to fill a vacancy therein, shall serve as a full-time judge. The judge of the Juvenile Court of Floyd County is prohibited from practicing law in his own name, in the name of another, as a partner, or in any manner in any cause, proceeding, or matter of any kind in his own court or in any other court. The judge shall not give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in his own court, except such advice or counsel as he is called upon to give while performing his duties as juvenile court judge. Violation of this section shall be grounds for removal of the judge upon the vote of a majority of the superior court judges of the Rome Judicial Circuit.
Section 3. After this Act becomes effective, the judge of the Juvenile Court of Floyd County shall receive compensation for serving as judge in the amount established by the Board of Commissioners of Floyd County, which amount shall be paid from the funds of that county.
Section 4. No person shall be eligible to serve as judge of the Juvenile Court of Floyd County unless that person is at least 30 years of age, a citizen of this state, a member of the State Bar of Georgia, and either has practiced law in this state for at least five years or has worked in juvenile justice administration for at least five years.
Section 4.1. There is established a Commission for the Study of Methods for Selecting a Juvenile Court Judge. This commission shall be charged with the tasks of reviewing and evaluating current and proposed methods of selecting a juvenile court judge; resolving the legal questions regarding what steps are necessary to change the method of selecting the juvenile court judge; and recommending to the legislative delegation a plan of action regarding the process by which such a change in the selection procedure would be implemented. The commission shall submit a report with its recommendations for a method of selecting the judge of the Juvenile Court of Floyd County. The commission shall be comprised of seven members to be appointed in the following manner:
(1) One member appointed by the juvenile court judge then in office; (2) Three members appointed by the legislative delegation of Floyd County; and

THURSDAY, FEBRUARY 8, 1990

857

(3) Three members appointed by the judges of the Superior Court of the Rome Judicial Circuit."
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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

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

SB 502. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions; to provide which employees shall be subject to such testing; to provide for exclusion of certain employees.

SB 584. By Senators Perry of the 7th, Turner of the 8th and Echols of the 6th:
A bill to amend Code Section 40-5-142 of the Official Code of Georgia Annotated, relating to definitions in the "Uniform Commercial Driver's License Act," so as to change a definition.

SB 585. By Senators Perry of the 7th, Turner of the 8th and Echols of the 6th:
A bill to amend Code Section 40-5-142 of the Official Code of Georgia Annotated, relating to definitions in the "Uniform Commercial Driver's License Act," so as to change a definition.

SB 650. By Senator Scott of the 2nd:
A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to provide for conditions with respect to the imposition of certain special assessments; to prohibit certain increases regarding monthly maintenance fees; to provide for the holding of association meetings upon written request of certain unit owners.

HB 1282.

By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to clarify and make explicit that electric membership corporations may validly encumber after-acquired property by means of deeds to secure debt pursuant to said article.

858

JOURNAL OF THE HOUSE,

HB 1296. By Representatives Jackson of the 9th, Barnett of the lOth and Harris of the 84th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," so as to continue the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers but provide for a later termination of the board and the repeal of the laws relating thereto.

SB 685. By Senator Bowen of the 13th:
A bill to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system so as to change the provisions relating to the compensation of the deputy sheriffs employed by the sheriff of Irwin County; to provide for the appointment of deputy sheriff~ under certain conditions.

HB 1489. By Representatives Ehrhart of the 20th, Vaughan of the 20th, Howren of the 20th, Aiken of the 21st, Clark of the 20th and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to authorize the appointment of a second judge.

HB 1576. By Representatives Bates of the 141st and Long of the 142nd:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the boundaries of Decatur County; to provide a short title.

HB 1586. By Representatives Hasty of the 8th, Stancil of the 8th and Barnett of the lOth:
A bill to amend an Act creating a board of commissioners for Cherokee County, so as to provide that neither the chairman nor any commissioner shall be qualified for election to any position the term of office of which begins more than 30 days prior to the expiration of such chairman's or commissioner's present term of office.

HB 1636. By Representative Royal of the 144th:
A bill to authorize the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Mitchell County.

HB 1645. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change certain provisions relating to terms of office of members of the board of education of the City of Bremen.

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

THURSDAY, FEBRUARY 8, 1990

859

HB 1439. By Representative Walker of the 115th:
A bill to create the Perry Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Perry, Georgia.

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

HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1989-1990.

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

SB 502. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions; to provide which employees shall be subject to such testing; to provide for exclusion of certain employees.
Referred to the Committee on Governmental Affairs.

SB 584. By Senators Perry of the 7th, Turner of the 8th and Echols of the 6th:
A bill to amend Code Section 40-5-142 of the Official Code of Georgia Annotated, relating to definitions in the "Uniform Commercial Driver's License Act," so as to change a definition.
Referred to the Committee on Motor Vehicles.

SB 585. By Senators Perry of the 7th, Turner of the 8th and Echols of the 6th:
A bill to amend Code Section 40-5-142 of the Official Code of Georgia Annotated, relating to definitions in the "Uniform Commercial Driver's License Act," so as to change a definition.
Referred to the Committee on Motor Vehicles.

SB 650. By Senator Scott of the 2nd:
A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Condominium Act," so as to provide for conditions with respect to the imposition of certain special assessments; to prohibit certain increases regarding monthly maintenance fees; to provide for the holding of association meetings upon written request of certain unit owners.
Referred to the Committee on Industry.

860

JOURNAL OF THE HOUSE,

SB 685. By Senator Bowen of the 13th:
A bill to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system so as to change the provisions relating to the compensation of the deputy sheriffs employed by the sheriff of Irwin County; to provide for the appointment of deputy sheriffs under certain conditions.
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 of the House were taken up for consideration and read the third time;

HB 1216. By Representatives Thomas of the 69th, Pettit of the 19th, Chambless of the 133rd and Lee of the 72nd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and marijuana, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education.

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 criminal offenses involving controlled substances and marijuana, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education; to provide for penalties; to provide for nonmerger of offenses and the admittance of evidence; to provide for affirmative defenses to prosecution; to provide for related matters; to provide for an effective date and applicability; 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 criminal offenses involving controlled substances and marijuana, is amended by adding after Code Section 16-13-32.3 a new Code Section 16-13-32.4 to read as follows:
"16-13-32.4. (a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education.
(b) Any person who violates or conspires to violate subsection (a) of this Code section shall be guilty of a felony and upon conviction shall receive the following punishment;
(1) Upon a first conviction, imprisonment for not more than 20 years or a fine of not more than $20,000, or both; or
(2) Upon a second or subsequent conviction, imprisonment for not less than five years nor more than 40 years or a fine of not more than $40,000, or both. It shall be mandatory for the court to impose a minimum sentence of five years which may not be suspended unless otherwise provided by law.

THURSDAY, FEBRUARY 8, I990

86I

A sentence imposed under this Code section shall be served consecutively to any other sentence imposed.
(c) A conviction arising under this Code section shall not merge with a conviction arising under any other provision of this article.
(d) It shall be no defense to a prosecution for a violation of this Code section that: (I) School was or was not in session at the time of the offense; (2) The real property was being used for other purposes besides school purposes
at the time of the offense; or (3) The offense took place on a school vehicle.
(e) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within I,OOO feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county.
(f) A county school board may adopt regulations requiring the posting of signs designating the areas within I,OOO feet of school boards and private or public elementary and secondary schools as 'Drug-free School Zones.'
(g) It is an affirmative defense to prosecution for a violation of this Code section that the prohibited conduct took place entirely within a private residence, that no person I7 years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct was not carried on for purposes of financial gain. Nothing in this subsection shall be construed to establish an affirmative defense with respect to any offense under this chapter other than the offense provided for in subsection (a) of this Code section."
Section 2. This Act shall become effective July I, I990, and shall apply to criminal offenses committed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Aaron Abernathy
Y Adams Y Aiken Y Alford E Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron

Y Barnett,B Y Barnett,M
Y Batea y Beck
Y Benefield Y Benn
Birdsong
Y Bishop
Y B08tick Y Branch Y Breedlove N Brooks Y Brown Y Buck

Y Buford y Byrd
Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H
Clark,L YColeman Y Colwell

Y Connell Y Couch
Y Crawford Cr08by
Y Cummiogs,B Cummiogs,M
Y Davis,C Y Davis,G
Y Davis,M Y Dixon,H Y Diion,S y Dobbs
Y Dover YDunn

Edwards Y Ehrhart
Y Felton Y Fennel YFioyd,J.M Y Floyd,J.W
F08ter
Godbee Y Goodwin Y Green Y Greene
Gresham Griffm Y Groover

862

JOURNAL OF THE HOUSE,

Y Hamilton Y Hanner YHarris Y Hasty Y Heard Y Herbert Y Holcomb Y HoUand Y Hobnes
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
Langlord
Y Lawrence Y Lawson YLee Y Linder Y Long
Y Lord Y Lucas Y Lupton Y Mangum N Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody

Y Morton Y Moultrie
Mueller Oliver,C 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
Randall Y Ransom YRay
YReaves

y Redding
Y Richardson Y Ricketson Y Robinson y Royal y Sebnan
Simpson Y Sinkfield Y Smith,L
Y Smith,P Y Smith,T Y Smith,W
Smyre
YSnow Y Stancii,F
Y Stancii,S Stanley
Y Steele Y Stephens
Y Streat Y Teper YThomas,C

YThomas,M Thompson
YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Walker,C Walker,L
YWall Ware
Y Watson Y Watts
White YWilder YWilliarns,B Y Williarns,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1492.

By Representative Parham of the 105th:
A bill to amend Code Section 11-9-504 of the Official Code of Georgia Annotated, relating to a secured party's requirements relative to default, so as to provide that the sale of a motor vehicle by public or private motor vehicle auction, to a motor vehicle wholesaler, or to an individual shall constitute a commercially reasonable sale of collateral.

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

Aaron Abernathy
Y Adams Y Aiken Y Alford E Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates y Beck
Y Benefield Y Benn
Birdsong Y Bishop
Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd

Y Campbell
Y Carrell Y Carter
Y Chamblesa Y Chance Y Cheeks Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cumminga,B
Cum.mings,M Y Davis,C Y Davis,G Y Davis,M
Y Dixon,H Y Dixon,S Y Dobbs Y Dover
Dunn
Edwards YEhrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Foster Y Godbee Y Goodwin
Green Y Greene
Gresham Griffin
Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Hobnes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Jobnaon Y Jones

Y Kilgore Y Kingston YLane,D
Y Lane,R Langlord
Y Lawrence Y Lawson YLee Y Linder Y Long
Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy
Y McDonald Y McKelvey Y McKinney,B
McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Oliver,C Y Oliver,M Y Orr

Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston YPowell
Randall YRansom YRay
YReaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
Y Sebnan Y Simpson Y Sinkfield Y Smith,L YSmith,P
Smith,T
Y Smith,W Smyre
YSnow

THURSDAY, FEBRUARY 8, 1990

863

Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Y Streat

Y Teper
YThomas,C Y Thomas,M YThompson YThurmond Y Titus

Y Tolbert
Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C

Y Walker,L
Y Wall YWare Y Watson Y Watta
White

Y Wilder Y Williama,B Y Williams,J Y Yatea Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1422. By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to authorize the governing authority of any local government which operates or which contracts for the operation of an emergency "911" system to impose a monthly "911" charge upon each exchange access facility subscribed to by telephone subscribers under certain circumstances and conditions.

The following Committee substitute was read and adopted:

A BILL
To amend Part 4 of Article 2 of Chapter 5 of Title 46, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to authorize the governing authority of any local government which operates or which contracts for the operation of an emergency "911" system to impose a monthly "911" charge upon each exchange access facility subscribed to by telephone subscribers under certain circumstances and conditions; to change the definition of certain terms; to define additional terms; to change the provisions relating to exemptions from liability in the operation of a "911" system; to provide for a limitation on indemnification by local governments; to repeal certain provisions relating to the authorization for requiring a telephone company to divide maintenance fees for "911" systems among subscribers; to provide for the payment and collection of "911" charges; to provide for billing and collection procedures; to exclude certain governmental entities from the payment of such charges; to provide for limitations on "911" charges and procedures in connection therewith; to provide liability for "911" charges and reasonable costs and attorneys' fees expended to collect "911" charges; to provide that the local government contracting for the operation of an emergency "911" system shall remain ultimately responsible to the service supplier for all emergency "911" system installation, service, equipment, operation, and maintenance charges owed to the service supplier; to provide an exemption from certain taxes; to authorize the service supplier to retain administrative fees in connection with the collection of "911" charges; to provide for the establishment of an Emergency Telephone System Fund by local governments which have emergency "911" systems; to provide for the use and investment of moneys in such fund; to provide certain restrictions on the use of moneys in such fund; to require service suppliers to maintain certain records; to authorize annual audits of service suppliers with respect to the collection and remittance of "911" charges; to provide for additional funding to implement and maintain an emergency "911" system; to provide certain immunity from liability in connection with the establishment and operation of an emergency "911" system; to provide exceptions; to authorize the governing authority of a local government to create an advisory board with respect to an emergency "911" system; to provide for the powers, duties, and compensation of such advisory boards; to provide for applicability with respect to the powers of the Public Service Commission; 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 2 of Chapter 5 of Title 46, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," is amended by striking in its entirety

864

JOURNAL OF THE HOUSE,

Code Section 46-5-122, relating to definitions, and inserting in lieu thereof a new Code Section 46-5-122 to read as follows:
"46-5-122. As used in this part, the term: (1) 'Addressing' means the assigning Qf!! numerical address and street name (the
name !!!_1!Y be numerical) !Q each location within !! local government's geographical area necessary !Q provide public safety service ~ determined Q.y the local government.
This address replaces !!!!Y route and box number currently .!!! place .!!! the '911' data
base and facilitates quicker response Q.y public safety agencies.
fl1 (2) 'Division' means the Telecommunications Division of the Department of
Administrative Services.
00 (3) 'Emergency "911" system' means a local telephone exchange service which
facilitates the placing of calls by persons in need of emergency systems services to a public safety answering point by dialing the telephone number '911' and under which calls to '911' are answered by public safety answering points established and operated by the e6tlftty 6f' maHieipality local government subscribing to the '911' service. The term 'emergency "911" system' also includes 'enhanced "911" service,' which means an emergency telephone system that provides the caller with emergency '911' system ser-
vice and, .!!! addition, directs '911' calls !Q appropriate public safety answering points
Q.y selective routing based on the geographical location from which the call originated
and provides the capability for automatic number identification and automatic loca-
tion identification features. (3) 'EHlttmeed emergeHe:y telepheHe fttHI'ther ~ system! me8ftS emergeHey '9H-'
serviee that pr6itles the telepheHe fttHI'ther f!:ftft l6eatitm af the ealliHg party t6 the
pablie safety aHs ..eriHg p6iHt:
(4) 'Exchange access facility' means the access from _I! particular telephone sub-
scriber's premises !Q the telephone system Qf _I! service supplier. Exchange access facili-
ties include service supplier provided access lines, PBX trunks, and Centrex network
access registers, all ~ defined Q.y tariffs Qf the telephone companies ~ approved Q.y
the Georgia Public Service Commission. Exchange access facilities do not include ser-
vice supplier owned and operated telephone P!!Y station lines, Wide Area Telecommu-
nications Services (WATS), Foreign Exchange (FX), Q! incoming only lines.
t# (5) 'Local government' means any city, county, or political subdivision of
Georgiaand its agencies.
(5) 'MaiHteHanee fee! me8ftS 1iftY yearly; meHtftl), 6f' ether periOOie reearriHg eharge 6f' tariff imp6sed by a telepheHe eempaHy f6f' iHstallatieH f!:ftft eperatieH af 1lft
eHhaneed emergeHe:y telepheHe fttHI'ther '9H-' system whieh is itt additi6ft t6 1iftY eharge 6f' tariff imp6sed f6f' eperatieH af a hasie emergeHey telepheHe fttHI'ther '9H-' system;-
(6) "'911" charge' means !! contribution !Q the local government for the '911' ser-
vice start-up equipment costs, subscriber notification costs, addressing costs, billing
costs, nonrecurring and recurring installation, maintenance, service, and network
charges Qf !! service supplier providing '911' service pursuant !Q this part, and costs associated with the hiring, training, and compensating Qf dispatchers employed Q.y the local government !Q operate said '911' system_!!!; the public safety answering points.
f6t ill 'Public agency' means the state and any city, county, city and county,
municipal corporation, chartered organization, public district, or public authority
located in whole or in part within this state which provides or has authority to provide
fire-fighting, law enforcement, ambulance, medical, or other emergency services.
f'tt !)_ 'Public safety agency' means a functional division of a public agency
which provides fire-fighting, law enforcement, emergency medical, suicide prevention,
civil defense, poison control, drug prevention, child abuse, spouse abuse, or other
emergency services.
(9) 'Service supplier' means !! person Q! entity who provides local exchange telephone service !Q _I! telephone subscriber.
(10) 'Telephone subscriber' means !! person Q! entity !Q whom local exchange tele-
phone service, either residential Q! commercial, ~ provided and .!!! return for which
the person Q! entity ~ billed on _I! monthly basis. When the same person, business, Q!
organization has several telephone access lines, each exchange access facility shall con-
stitute !! separate subscription."

THURSDAY, FEBRUARY 8,1990

865

Section 2. Said part is further amended by striking in its entirety Code Section 46-5-131, relating to exemptions from liability in the operation of a "911" emergency telephone system, and inserting in lieu thereof a new Code Section 46-5-131 to read as follows:
"46-5-131. (a) Whether participating !!! !! state-wide emergency '911' system Q! an
emergency '911' system serving one Q! more local governments, neither Neither the state nor any pt)liiieal stlbdi.isian local government of the state nor !!!!Y emergency '911' ~ tern provider, its employees, directors, officers, and agents, except in cases of wanton and willful misconduct, gt'6SS negligenee, or bad faith, the empl~ees, ltgefti8, 61' rept"esentati es 6f the state 61' tmy pt)liiieal stlbdi isian thePeaf shall be liable for death or injury to the person or for damage to property as a result of either developing, adopting, establishing, participating in, implementing, maintaining, or carrying out duties involved in operating the '911' emergency telephone system or in the identification of the telephone number, address, Q! name associated with ~person accessing anemergency '911' system.
(b) No local government Qf the State Qf Georgia shall be required !Q release, indemnify, defend, Q! hold harmless !!!!Y emergency '911' system provider from !!!!Y ~claim, demand, suit, Q! other action Q! !!!!Y liability whatsoever which arises out .2f subsection .{ill Qf this Code section, unless the local government agrees Q! has agreed !Q assume such obligations."
Section 3. Said part is further amended by striking in its entirety Code Section 46-5-133, relating to the authorization for requiring the telephone company to divide the maintenance fee for the "911" system among subscribers, which reads as follows:
"46-5-133. (a) The governing authority of any local government which operates or which contracts for the operation of an enhanced emergency telephone number '911' system is authorized to adopt a resolution requiring the telephone company providing such service to divide any maintenance fee among the telephone subscribers whose telephones are in the area served by the enhanced emergency telephone number '911' system and bill such subscribers on a pro rata basis for their share of such maintenance fee. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the charges or tariffs as provided in such resolution shall become effective, but such effective date shall be at least 120 days following the date of adoption of such resolution or any amendment to such resolution by the governing authority of the local government.
(b) If a resolution is adopted as provided in subsection (a) of this Code section, it shall be the duty of any telephone company proviqing an enhanced emergency telephone number '911' system to the local government to impose and collect the maintenance fee from telephone subscribers within the area served by such system. The imposition and collection of such fee shall be a condition of doing business in the area served by such system.
(c) The maintenance fee collected for the provision of an enhanced emergency telephone number '911' system shall be collected and expended exclusively for the payment of charges for the enhanced emergency telephone number '911' system. Such maintenance fee shall not be imposed, collected, or expended for any other purpose.
(d) This Code section shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs.
(e) (1) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either: (A) implementation of this Code section by such political subdivision is expressly authorized by a local Act of the General Assembly; or (B) a majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such political subdivision, when requested by such local government. The question on the ballot shall be as prescribed by the election superintendent.
(2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or

866

JOURNAL OF THE HOUSE,

before March 7, 1988, contracted with a telephone company for the purchase or operation or both of an enhanced emergency telephone number '911' system. (0 The provisions of this Code section shall not apply in any case in which a telephone company notifies the governing authority of a local government that, in view of the existing telephone equipment of the company, the installation of an enhanced emergency telephone number '911' system is not technologically feasible.", and inserting in lieu thereof the following: "46-5-133. (a) Subject to the provisions of subsection (b) of this Code section, the governing authority of any local government which operates or which contracts for the operation of an emergency '911' system is authorized to adopt a resolution to impose a monthly '911' charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the '911' service. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the '911' charge as provided in the resolution shall become effective, but such effective date shall be at least 120 days following the date of the adoption of such resolution or any amendment to such resolution by the local government. The '911' charge must be uniform and may not vary according to the type of exchange access facility used. (b) (1) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either:
(A) A majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such local government when requested by such local government authority. The question on the ballot shall be as prescribed by the election superintendent; or
(B) After a public hearing held upon not less than ten days' public notice. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a service supplier for the purchase or operation, or both, of a '911' system."
Section 4. Said part is further amended by adding at the end thereof a new Code Section 46-5-134 to read as follows:
"46-5-134. (a) The subscriber of an exchange access facility may be billed for the monthly '911' charges, if any, imposed with respect to that facility by the service supplier. Such '911' charge may not exceed $1.50 per month per exchange access facility provided to the telephone subscriber. All exchange access facilities billed to federal, state, or local governments shall be exempt from the '911' charge. Each service supplier shall, on behalf of the local government, collect the '911' charge from those telephone subscribers to whom it provides exchange telephone service in the area served by the emergency '911' system. As part of its normal monthly billing process, the service supplier shall collect the '911' charge for each month an exchange access facility is in service, and it shall list the '911' charge as a separate entry on each bill. If a service supplier receives a partial payment for a monthly bill from a telephone subscriber, the service supplier shall apply the payment against the amount the telephone subscriber owes the service supplier first.
(b) Every telephone subscriber in the area served by the emergency '911' system shall be liable for the '911' charge imposed under this Code section until it has been paid to the service supplier. A service supplier shall have no obligation to take any legal action to enforce the collection of the '911' charge. The service supplier shall provide the governing authority within 60 days with the name and address of each subscriber who has refused to pay the '911' charge after such '911' charge has become due. A collection action may be initiated by the local government that imposed the charges, and reasonable costs and attorneys' fees associated with that collection action may be awarded to the local government collecting the '911' charge.
(c) The local government contracting for the operation of an emergency '911' system shall remain ultimately responsible to the service supplier for all emergency '911' system

THURSDAY, FEBRUARY 8, 1990

867

installation, service, equipment, operation, and maintenance charges owed to the service supplier. Any taxes due on emergency '911' system service provided by the service supplier will be billed to the local government subscribing to the service. State and local taxes do not apply to the '911' charge billed to telephone subscribers under this Code section.
(d) (I) Each service supplier that collects '911' charges on behalf of the local government is entitled to retain as an administrative fee an amount equal to 3 percent of the gross '911' charge receipts to be remitted to the local government. The remaining amount shall be due quarterly to the local government and shall be remitted to it no later than 60 days after the close of a calendar quarter. The '911' charges collected by the service supplier shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund maintained by the local government. The local government may invest the money in the fund in the same manner that other moneys of the local government may be invested and any income earned from such investment shall be deposited into the Emergency Telephone System Fund.
(2) The governing authority of a local government operating or contracting for the operation of an emergency '911' system shall, by resolution, reaffirm the necessity for the '911' charge beginning with the thirteenth month following the month in which emergency '911' system service is first provided in the political subdivision and during such month annually thereafter.
(3) Such monthly '911' charge may be reduced at any time by the governing authority by resolution; provided, however, that the said governing authority shall be required to reduce such monthly '911' charge at any time the projected revenues from '911' charges will cause the unexpended revenues in the Emergency Telephone System Fund at the end of the fiscal year to exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year or at any time the unexpended revenues in such fund at the end of the fiscal year exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year. Such reduction in the '911' charge shall be in an amount which will avert the accumulation of revenues in such fund at the end of the fiscal year which will exceed by one and one-half times the amount of revenues in the fund at the end of the immediately preceding fiscal year. (e) Money from the Emergency Telephone System Fund shall be used only to pay for:
(1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; addressing; and nonrecurring costs of establishing a '911' system;
(2) The rates associated with the service supplier's '911' service and other service supplier's recurring charges;
(3) The actual cost of salaries of employees hired by the local government solely
for the operation and maintenance of the emergency '911' system; (4) Office supplies of the public safety answering points used directly in providing
emergency '911' system services; and
(5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emer-
gency '911' system building until the local government has completed its street
addressing plan. (g) The local government may contract with a service supplier for any term negotiated by the service supplier and the local government for an emergency '911' system and may make payments from the Emergency Telephone System Fund to provide any pay-
ments required by the contract. (h) The service supplier shall maintain records of the amount of the '911' charge col-
lected for a period of at least three years from the date of collection. The local government may, at its expense, require an annual audit of the service supplier's books and
records with respect to the collection and remittance of the '911' charge.

868

JOURNAL OF THE HOUSE,

(i) In order to provide additional funding for the local government for emergency '911' system purposes, the local government may receive federal, state, municipal, or private funds which shall be expended for the purposes of this part."
Section 5. Said part is further amended by adding following Code Section 46-5-134 a new Code Section 46-5-135 to read as follows:
"46-5-135. A service supplier, including any telephone company and its employees, directors, officers, and agents, is not liable for any damages in a civil action for injuries, death, or loss to persons or property incurred by any person as a result of any act or omission of a service supplier or any of its employees, directors, officers, or agents, except for willful or wanton misconduct, either in connection with developing, adopting, implementing, maintaining, or operating any emergency '911' system or in the identification of the telephone number, address, or name associated with any person accessing an emergency '911' system."
Section 6. Said part is further amended by adding following Code Section 46-5-135 a new Code Section 46-5-136 to read as follows:
"46-5-136. (a) The governing authority of a local government by resolution may create an advisory board consisting of individuals knowledgeable of emergency '911' systems and the emergency needs of the citizens of the local government.
(b) The advisory board shall assist the local government in: (1) Reviewing and analyzing the progress by public safety agencies in developing
'911' system requirements; (2) Recommending steps of action to effect the necessary coordination, regulation,
and development of a '911' system; (3) Identifying mutual aid agreements necessary to effect the '911' system; (4) Assisting in the promulgation of necessary rules, regulations, operating proce-
dures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate; and
(5) Providing other services as may be deemed appropriate by the local government. (c) The members of the advisory board shall not be compensated from moneys deposited into the Emergency Telephone System Fund."
Section 7. Said part is further amended by adding following Code Section 46-5-136 a new Code Section 46-5-137 to read as follows:
"46-5-137. This part shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs."
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 roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford E Allen Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch

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

Y Childers
N Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Y Connell N Couch Y 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 Dobhs
Y Dover YDunn
Edwards y Ehrhart
Felton
Y Fennel

THURSDAY, FEBRUARY 8, 1990

869

Y Floyd,J.M Y Floyd,J.W
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 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 N Lane,D Y Lane,R Y Langford
Y Lawrence
Y Lawson Y Lee Y Linder Y Long
Lord N Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows NMilam Y Mobley Y Moody Y Morton N Moultrie
Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter Poston
Y Powell

y Randall YRansom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal N Selman Y Simpson
N Sinkfield Y Smith,L Y Smith,P N Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Streat

Teper Y Thomas,C N Thomas,M
Thompson Thurrnond Y Titus Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle N Walker,C Y Walker,L Y Wall
Ware Y Watson Y Watts N White Y Wilder YWilliams,B N Williams,J
Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 136, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HR 765. By Representative Linder of the 44th:
A resolution commending Johnny Thomas (Tommy) Clack and inviting him to address the House of Representatives.

HR 769. By Representatives Pinkston of the 100th, Lucas of the 102nd and Groover of the 99th:
A resolution commending the Honorable Lee Robinson, Ms. Carolyn Crayton, Ms. Virginia Elder, Mr. Albert P. Barry, and Mr. Larry Brown and inviting them to appear before the House of Representatives.

HR 770. By Representatives Pinkston of the lOOth, Lucas of the 102nd and Groover of the 99th:
A resolution commending Ms. Andrea Lee Bottoms and inviting her to appear before the House of Representatives.

HR 780. By Representatives Patten of the I 49th, Reaves of the 147th and Beck of the 148th:
A resolution inviting Coach Nick Hyder and representatives of the Valdosta High School football team to appear before the House of Representatives.

The Speaker Pro Tern assumed the Chair.

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

HB 1423.

By Representative Thomas of the 31st:
A bill to amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to change the penalty for hazing.

870

JOURNAL OF THE HOUSE,

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

Aaron Y Abernathy Y Adams Y Aiken
Alford E Allen Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron
Y Barnett,B Barnett,M
Y Bates Y Beck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks
Y Brown YBuck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless YChance Y Cheeks

Y Childers Y Clark,B
Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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 YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee y Goodwin
YGreen Y Greene
Gresham
Y Griffin Y Groover Y Hamilton
Hanner

YHarris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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 YLane,D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord Y Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley
Moody Y Morton Y Moultrie Y Mueller Y Oliver,C YOliver,M Y Orr Y Orrock Y Padgett
Pannell Parham Y Parrish Y Patten Y Pettit Pinkston YPoag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay Y Reaves N 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 Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
Steele Y Stephens
Y Streat Y Teper YThomas,C
YThomas,M Thompson
Y Thurmond Titus
Y Tolbert Y Townsend y Twiggs
Y Vanghan
Y Waddle Walker,C Walker,L
Y Wall Ware
Y Watson Y Watts y White
Wilder Y Williarns,B
Y Williams,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 148, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Titus of the 143rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1390. By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th:
A bill to amend Code Section 29-2-16 of the Official Code of Georgia Annotated, relating to the power of a guardian to compromise contested or doubtful claims, so as to provide that probate judges shall be authorized to approve structured settlements entered into by a guardian on behalf of his ward.

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

Aaron Y Abernathy Y Adams Y Aiken

Y Alford EAllen Y Athon Y Atkins

Y Bailey Y Baker Y Balkcom
Bannister

Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M

YBates YBeck Y Benefield
Benn

THURSDAY, FEBRUARY 8, 1990

871

Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B
Y Clark,H Clark,L
Y Coleman Y Colwell
Connell Y Couch 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 YDunn
Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
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 Y Linder YLong Y Lord Y Lucas Y Lupton y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton
Moultrie

Y Mueller Y Oliver,C Y Oliver,M YOrr Y Orrock Y Padgett
Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall Y Ranaom YRay Y Reaves
Redding Y Richardson Y Ricketeon Y Robinson y Royal
Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T YSmith,W

Y Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson
YThurmond Y Titua Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder Y Williams B Y Williams)
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1391. By Representatives Oliver of the 53rd, Baker of the 51st, Alford of the 57th and Robinson of the 96th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for minor revisions in the procedure for the appointment of a guardian; to revise extensively the provisions relating to modification or termination of guardianships.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1391 by striking the word "assumes" on line 21 of page 4 and inserting in lieu thereof the following:
"other than !! representative Qf the Department Qf Human Resources acting _!!! his
official capacity shall assume".

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

Aaron Y Abernathy Y Adams Y Aiken Y Alford E Allen Y Athon

Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron

Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong

Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck

Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless YChance

872

JOURNAL OF THE HOUSE,

Y Cheeks Y Childers Y Clark,B Y Clark,H
Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooks 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 YLong Y Lord Y Lucas Y Lupton y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett

Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston
Y Powell y Randall
Y Ranaom YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson
Y Sinkfield Y Smith,L Y Smith,P
Smith,T YSmith,W Y Smyre
YSnow Y Stancil,F

Y Stancil,S Y Stanley
Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson
Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
YWaddle Walker,C Walker,L
Y Wall YWare Y Watson Y Watts Y White
Wilder Y Williama,B Y Williama,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Steele of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1392.

By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th:
A bill to amend Code Section 53-7-180 of the Official Code of Georgia Annotated, relating to the annual returns of fiduciaries administering estates, so as to provide that the judge of the probate court may change the reporting period; to provide that the judge of the probate court may accept and approve a return not covering the appropriate reporting period.

The report of the Committee, which was favorable to the 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
Adams Y Aiken
Alford E Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B Y Barnett,M Y Bates

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

Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M

Dix.on,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham

Y Griffin Y Groover
Hamilton Y Hanner Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Iaakson Y Jackson,J

THURSDAY, FEBRUARY 8, 1990

873

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 Linder y Long
Y Lord Y Lucas Y Lupton
Mangum

YMartin
Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody 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
Y Poston Y Powell
Randall YRanaom 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 YSmith,W
Smyre
YSnow Y Stancii,F Y Stancii,S
Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C Thomas,M
Y Thompson YThurmond

Y Titus
Y Tolbert Y Townsend y Twiggs
Y Vanghan Waddle
Y Walker,C Walker,L
YWall YWare Y Watson Y Watts y White Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murpby,Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

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

HB 1168.

By Representatives Ware of the 77th, Lawson of the 9th, Griffin of the 6th, Brown of the 88th, Dunn of the 73rd and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that compensation shall not be allowed for an injury or death due to being under the influence of marijuana or a controlled substance.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that compensation shall not be allowed for an injury or death due to being under the influence of marijuana or a controlled substance; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, is amended by striking Code Section 34-9-17, relating to grounds for the denial of workers' compensation benefits, and inserting in lieu thereof a new Code Section 34-9-17 to read as follows:
"34-9-17. No compensation shall be allowed for an injury or death due to the employee's willful misconduct, including intentionally self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication .Qy alcohol 2! being under
the influence Qf marijuana 2! !! controlled substance, except ~ ~ have been lawfully prescribed .Qy !! physician for such employee and taken !!! accordance with such prescrip-
tion, or willful failure or refusal to use a safety appliance or perform a duty required by statute, or the willful breach of any rule or regulation adopted by the employer and approved by the board, of which rule or regulation the employee has knowledge prior

874

JOURNAL OF THE HOUSE,

to the accident. The burden of proof shall be upon the party who claims an exemption or forfeiture under this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment, previously adopted, was withdrawn at the request of the author:

Representatives Griffin of the 6th and Foster of the 6th move to amend the Committee substitute to HB 1168 as follows:
By inserting on line 6 page 1 between substance; and to the words "to eliminate the necessity of board approval of safety rules or regulations;".
By striking on line 26 page 1 the words "and approved by the board".

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:

Aaron Y Abernathy Y Adams Y Aiken Y Alford E Allen
Y Atbon Y Atkins y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks N Brown Y Buck Y Buford y Byrd
Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B N Cummings,M Y Davis,C
Davis,G Y Davis,M
Dixon,H Y Di:r.on,S
Dobbs Y Dover YDunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffm
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 Hudaon Y Irwin Y laakson 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 Loug
Y Lord Y Lucas Y Lupton y Mangum
YMartin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
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
Randall Y Ransom YRsy
Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
Selman Y Simpaon 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 Streat
Teper
Y Thomas,C Thomas,M
Y Thompaon
Thurmond Y Titus
Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L
Y Wall YWare Y Watson Y Watts
White
Y Wilder YWilliams,B Y Williams,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

THURSDAY, FEBRUARY 8, 1990

875

Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the House were taken up for consideration and read the third time:
HR 729. By Representatives Bates of the I41st and Long of the 142nd: A resolution authorizing the conveyance of certain state owned real property located in Decatur County, Georgia, to Decatur County and the acceptance of certain real property owned by Decatur County located in Decatur County, Georgia, in consideration therefor.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy
Adams Y Aiken Y Alford E Allen
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn
Birdsong Y Bishop
Y Bostick Y Branch
Breedlove Y Brooks Y Brown YBuck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford
Crosby Cummings,B Y Cummings,M Y Davis,C Davis,G Y Davis,M Dixon,H Y Dixon,S Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M YFloyd,J.W 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 Y Herbert
Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudson
Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton
Mangum Y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley YMoody
Y Morton Y Moultrie Y Mueller
Oliver,C YOliver,M
YOrr Orrock
Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter
Poston YPowell
Randall Y Ransom YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson YRoyal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T YSmith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley Steele
Y Stephens Y Streat Y Teper YTbomas,C
Tbomas,M YTbompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson
Y Watts y White
YWilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Steele of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1560.

By Representatives Cummings of the 17th, Floyd of the !35th and Parrish of the 109th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the title of the executive officer of the retirement system; to delete a provision relating to the treatment for tax purposes of employee contributions made by employers; to delete a provision relative to the age for mandatory retirement.

876

JOURNAL OF THE HOUSE,

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

Aaron Y Abernathy
Adams Y Aiken Y Alford E Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch
Breedlove Y Brooks Y Brown Y Buck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

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

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
Lawrence
Y Lawson YLee Y Linder Y Long Y Lord 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 Morton Y Moultrie
Y Mueller Y Oliver,C
Y Oliver,M Y Orr
Orrock Y Padgett
Y Pannell YParham
Y Parrish Y Patten Y Pettit Y Pinkston y Pnag
Y Porter
Y Poston Y Powell
Randall Y Ranaom YRay
Reaves Y Redding Y Richardson Y 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
Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M Y Thompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C
Walker,L Y Wall YWare Y Watson Y Watts y White
Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Steele of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 764. By Representative Pettit of the 19th:
A resolution authorizing the granting of a nonexclusive easement for construction, operation, and maintenance of an underground effluent pipe line over or under property owned by the State of Georgia in Bartow County, Georgia.

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

Aaron Y Abernathy
Y Adams Y Aiken Y Alford E Allen

Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates
Beck

Benefield Benn Birdsong Y Biabop Y Bostick Y Branch

Y Breedlove
Y Brooks Y Brown Y Buck Y Buford YByrd

THURSDAY, FEBRUARY 8, 1990

877

Y Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis,C
Davis,G Y Davis,M
Dixon,H
Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Y Foster
Y Godbee YGoodwin Y Green Y Greene
Gresham YGriffin
Y Groover Y Hamilton Y Hanner Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks
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 Y Lee Y Linder YLong Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr

Orrock Y Padgett
Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell
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
Smith,W Y Smyre
YSnow

Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M Y Thompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall 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 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 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.

Representative Colwell of the 4th moved that the House adhere to its position in substituting SR 54 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, Watts of the 41st and Parham of the 105th.

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 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1989-1990.

878

JOURNAL OF THE HOUSE,

Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1288 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.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Retirement and referred to the Committee on Judiciary:

SB 445. 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, and Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to repeal certain provisions relating to the exclusion of service with respect to years in which a judge of the probate court has not completed certain training heretofore required by law.

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 1512. By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd, Simpson of the 70th and Robinson of the 96th:
A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relating to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device.

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

Aaron Y Abernathy Y Adams Y Aiken Y Alford EAllen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Bamett,M
Bates y Beck
Benefield

Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B

Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis,C
Davis,G Y Davis,M
Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwarde

Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W N Foster Y Godbee
Goodwin Y Green Y Greene
Gresham N Griffm Y Groover Y Hamilton Y Harmer YHarris Y Hasty YHeard Y Herbert

Y Holcomb Y Holland Y Holmes YHooks 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

THURSDAY, FEBRUARY 8, 1990

879

Y Lawrence Y Lawson YLee Y Linder Y Long
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows YMilam

Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston y Poag

Y Porter
Y Poston Y Powell
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 YSmith,W Y Smyre Y Snow Y Stancil,F
Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M YThompson
Y Thurmond N Titus Y Tolbert

Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall YWare Y Watson Y Watts Y White Y Wilder YWilliams,B Y Williams,J Y Yatea y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 160, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1434.

By Representative Childers of the 15th:
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 change the provisions relating to definitions.

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

Aaron Y Abernathy
Y Adams Y Aiken Y Alford E Allen
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless YChance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman Colwell Y Connell Y Couch Y Crawford Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Dixon,H Y Dixon,S Y Dobbs Y Dover Dunn Y Edwards y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham YGriffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty YHeard Y Herbert Y Holcomb Y Holland Y Holmes
YHooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows
YMilam YMobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C YOliver,M
Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell
Randall Y Ransom YRay
Reaves y Redding Y Richardson
Y Ricketson Y Robinson YRoyal y Selman Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 164, nays 0.

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 Streat Y Teper
YThomas,C YThomas,M Thompson
Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Yatea Y Yeargin
Murphy,Spkr

880

JOURNAL OF THE HOUSE,

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

HB 1347.

By Representative Aaron of the 56th:
A bill to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that the state and political subdivisions thereof are not required to issue a permit for a parade or demonstration or to offer police protection in connection therewith to any group which advocates hatred of and discrimination or the commission of crimes against another segment of society on account of race, color, sex, religion, or national origin.

By unanimous consent, HB 1347, which was previously postponed until today, was postponed until tomorrow.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on Insurance:

SB 544. By Senators Land of the 16th and Parker of the 15th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful for any person knowingly to manufacture, sell, distribute, or possess a counterfeit or false proof of insurance document; to define a certain term; to specify which proof of insurance documents shall be deemed counterfeit or false; to provide penalties; to provide an effective date.

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

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

HB 1180.

By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".

The President has appointed on the part of the Senate the following: Senators Parker of the 15th, Howard of the 42nd and Stumbaugh of the 55th.

The following Resolutions of the House were read and adopted:

HR 797. 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 the Pointe South Junior High School.

HR 799. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A resolution commending Elaine Shannon Morgan.

THURSDAY, FEBRUARY 8,1990

881

HR 800. By Representatives Cummings of the 17th and Murphy of the 18th:
A resolution commending the 20th Combat Engineer Association of World War II.

HR 801. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution commending the Georgia Boot Company and Hanson Industries.
HR 802. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution commending The Owenby Company.

HR 803. By Representatives Colwell of the 4th, Twiggs of the 4th, Heard of the 43rd, Dover of the 11th, Murphy of the 18th and others:
A resolution expressing regret at the passing of Mr. Claude Jackson Kelly.

HR 804. By Representatives Lane of the lllth, Reaves of the 147th, Balkcom of the 140th, Branch of the 137th, Godbee of the 110th and others:
A resolution celebrating the 100th birthday of peanut butter and the 45th birthday of Baskin-Robbins.

HR 805. By Representatives Bailey of the 72nd, Holcomb of the 72nd and Lee of the 72nd:
A resolution commending the Reverend Buddy Norton.

HR 806. By Representatives Bailey of the 72nd, Lee of the 72nd, Murphy of the 18th, Benefield of the 72nd, Holcomb of the 72nd and others:
A resolution commending Luvenia Jackson.

HR 807. By Representative Atkins of the 21st:
A resolution expressing congratulations to Daniel Lamar Post, Jr., on the occasion of his becoming a certified public accountant.

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

HR 808. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and others:
A resolution commending Jerry Glanville 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:

882

JOURNAL OF THE HOUSE,

HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1989-1990.

The President has appointed on the part of the Senate the following: Senators Kennedy of the 4th, Starr of the 44th and Allgood of the 22nd.

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.

FRIDAY, FEBRUARY 9, 1990

883

Representative Hall, Atlanta, Georgia Friday, February 9, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend James W. Waters, Pastor, Tattnall Square Baptist Church, Macon, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1781. By Representative Richardson of the 52nd: A bill to amend Code Section 15-11-57 of the Official Code of Georgia Annotated, relating to protective orders, so as to provide a preference for removing abusive parties, rather than an abused child, from the home in certain cases.
Referred to the Committee on Health & Ecology.
HB 1782. By Representative Cummings of the 17th: A bill to amend Code Section 50-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the relationship of state agencies with nonprofit contractors, so as to change the provisions relative to the definition of a nonprofit contractor.
Referred to the Committee on State Planning & Community Affairs.

884

JOURNAL OF THE HOUSE,

HB 1783. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act reincorporating and providing a new charter for the City of Baxley, so as to change the provisions relative to terms of office and election of members of the city council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1784. By Representative Wilder of the 21st:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to establish certain educational eligibility requirements for persons under 18 years of age to receive certain instruction permits.
Referred to the Committee on Motor Vehicles.

HB 1785. By Representatives Reaves of the 147th and Patten of the 149th:
A bill to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Water Well Standards Act of 1985," so as to provide that any person drilling any kind of well, borehole, or corehole under the direction of a professional geologist or a professional engineer shall be required to have a water well contractor's license.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1786. 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 provisions relating to selection of the members of the board and their terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1787. By Representative Moultrie of the 93rd:
A bill to amend Code Section 27-1-19 of the Official Code of Georgia Annotated, relating to arrest powers of conservation rangers and deputy conservation rangers, so as to authorize such rangers and deputy rangers to accept certain drivers' licenses as collateral for bail.
Referred to the Committee on Game, Fish & Parks.

HB 1788. By Representative Smith of the 78th:
A bill to amend an Act to make provisions for the Magistrate Court of Lamar County, so as to change the method of selection of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1791. By Representative Harris of the 84th:
A bill to provide for a $4,000.00 homestead exemption from McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes; to provide for a homestead exemption of $15,000.00 from all McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes for residents of McDuffie County and the McDuffie County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 9, 1990

885

HB 1792. By Representatives Chambless of the 133rd, Pannell of the 122nd and Thomas of the 69th:
A bill to amend Article 5 of Chapter 4 of Title 13 of the Official Code of Georgia Annotated, relating to releases, so as to repeal the provisions relating to releases resulting by operation of law and the effect of the release of a joint obligor or the acceptance of a higher security.
Referred to the Committee on Judiciary.

HB 1793. By Representative Chambless of the 133rd:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to provide that a person who commits the offense of criminal issuance of a bad check and who has criminally issued nine or more bad checks within the immediately preceding 12 month period shall be guilty of a felony.
Referred to the Committee on Judiciary.

HB 1794. By Representative Birdsong of the 104th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle insurance, so as to require private passenger motor vehicle insurance policies to contain certain provisions relative to the settlement of total loss claims on certain motor vehicles.
Referred to the Committee on Insurance.

HB 1795. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change certain provisions relating to the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1796. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a new charter for the City of Conyers, so as to change the provisions relating to the election and terms of office of the mayor and council members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1797. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records to be maintained in connection with drivers' licenses, so as to provide for furnishing abstracts of driving records to certain agencies.
Referred to the Committee on Motor Vehicles.

886

JOURNAL OF THE HOUSE,

HB 1798. By Representatives Irwin of the 13th, Jackson of the 9th, Barnett of the lOth and Harris of the 84th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons, so as to provide that a sheriff may choose to use his sheriffs distinctive license plate on his law enforcement or sheriffs vehicle.
Referred to the Committee on Motor Vehicles.

HB 1799. By Representatives Steele of the 97th, Dunn of the 73rd and Kingston of the 125th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for independent review of mandated health benefits or mandated health insurance coverage; to provide for a short title.
Referred to the Committee on Insurance.

HB 1800. By Representative Chance of the 129th:
A bill to provide a homestead exemption from Effingham County School District ad valorem taxes of $10,000.00 for residents of said district who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 798. By Representative Williams of the 48th: A resolution compensating Mrs. Roy S. Bivins.
Referred to the Committee on Appropriations.

HR 809. By Representative Heard of the 43rd:
A resolution directing the State Health Planning Agency to make certain studies and reports.
Referred to the Committee on Health & Ecology.

HR 810. By Representatives Griffin of the 6th, Foster of the 6th, Dover of the 11th, Walker of the 115th, McDonald of the 12th and others:
A resolution creating the Joint Workers' Compensation Study Committee.
Referred to the Committee on Industrial Relations.

HR 811. By Representatives Patten of the 149th, Balkcom of the 140th and Coleman of the 118th:
A resolution creating the Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas.
Referred to the Committee on Game, Fish & Parks.

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:

FRIDAY, FEBRUARY 9, 1990

887

HB 1801. By Representatives Couch of the 36th, Irwin of the 13th, Thompson of the 20th, Buck of the 95th, Cheeks of the 89th and others:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to require public transit operators to establish drug-testing programs for employees and applicants for positions performing sensitive safety functions.
Referred to the Committee on Transportation.

HB 1802. By Representatives Wilder of the 21st, Isakson of the 21st, Titus of the 143rd, Clark of the 20th, Holcomb of the 72nd and others:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to require that dependent children on whose behalf public assistance is received under that Act must attend school except in certain circumstances.
Referred to the Committee on Education.

HB 1803. By Representatives Holland of the 136th, Poston of the 2nd, Chambless of the 133rd and Baker of the 51st:
A bill to amend Code Section 53-5-2 of the Official Code of Georgia Annotated, relating to the year's support, so as to provide that under certain circumstances, the probate judge may set apart a year's support after the expiration of three years from the date of death of the decedent.
Referred to the Committee on Judiciary.

HB 1804. By Representatives Holland of the 136th, Poston of the 2nd, Chambless of the 133rd and Baker of the 51st:
A bill to amend Code Section 53-10-1, relating to a petition for an order dispensing with the administration of an estate, so as to provide that any such petition be accompanied by a document signed by each heir showing that the heirs at law have agreed upon a division of property among themselves.
Referred to the Committee on Judiciary.

HB 1805. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1806. By Representatives Brown of the 88th, Padgett of the 86th, Ransom of the 90th, Connell of the 87th and Cheeks of the 89th:
A bill to amend Part 2 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to insurance involving school buses, so as to authorize a local board of education to establish and maintain plans of self-insurance and to allocate funds for the establishment and maintenance of such plans of self-insurance.
Referred to the Committee on Insurance.

888

JOURNAL OF THE HOUSE,

HB 1807. By Representatives Milam of the 81st, Alford of the 57th, Davis of the 72nd and Bishop of the 94th:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, so as to provide that it shall be unlawful to float a vessel on certain lakes with a toilet that is not designed for no discharge and to fail to display a certificate of compliance; to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Boat Safety Act," so as to expand the definition of "protected fresh waters".
Referred to the Committee on Game, Fish & Parks.

HB 1808. By Representative Crosby of the 150th:
A bill to amend Code Section 12-8-27 of the Official Code of Georgia Annotated, relating to permits for handling solid waste and the construction and operation of disposal facilities, so as to provide that upon the approval, modification, or revocation of a permit for handling solid waste, and at the time that notification is sent to the applicant or permit holder, the director shall send a copy of such notification to the legal organ of the county or counties wherein the disposal facility or site is located or to be located.
Referred to the Committee on Natural Resources & Environment.

HB 1809. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1810. By Representatives Porter of the 119th, Jackson of the 9th and Barnett of the lOth:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, so as to provide that certain damage to new motor vehicles shall be disclosed.
Referred to the Committee on Motor Vehicles.

HB 1811. By Representative Goodwin of the 63rd:
A bill to amend Code Section 9-13-13 of the Official Code of Georgia Annotated, relating to written notice of certain levies on land, so as to provide for delivery of certain notice by certified mail.
Referred to the Committee on Special Judiciary.

HB 1812. By Representatives Tolbert of the 58th, Clark of the 55th, Richardson of the 52nd, Williams of the 48th, Williams of the 54th and others:
A bill to provide a new charter for the City of Stone Mountain.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 9, 1990

889

HB 1813. By Representatives Chambless of the 133rd, Childers of the 15th, Moultrie of the 93rd and Hooks of the 116th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative determinations and policies; to provide for definitions; to require the certification of private review agents who review the appropriateness or cost of health care services provided to citizens of this state.
Referred to the Committee on Health & Ecology.

HB 1814. By Representative Lupton of the 25th:
A bill to amend Code Section 36-36-70 of the Official Code of Georgia Annotated, relating to the approval required for annexation of areas by the governing authorities of certain counties, so as to remove certain language from the provision dealing with applicability.
Referred to the Committee on State Planning & Community Affairs.

HB 1815. By Representative Lupton of the 25th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to provide for a deposit for the payment of transcript costs to clerks of the superior court in all cases certified to the appellate courts.
Referred to the Committee on Special Judiciary.

HB 1816. By Representative Martin of the 26th:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, so as to provide that where applicable, a power of attorney enabling an insurance premium finance company to cancel the underlying insurance contract in case of a default shall be set out under a separate and distinct caption and printed in tenpoint boldface type.
Referred to the Committee on Insurance.

HB 1817. By Representative Edwards of the 112th:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to require that persons issuing policies of medicare supplement insurance provide the Commissioner of Insurance with certain information; to provide that the Commissioner shall review such information to ensure that no citizen of this state is sold any policy of insurance which carries little or no benefit.
Referred to the Committee on Insurance.

HB 1818. By Representative Edwards of the 112th:
A bill to amend Code Section 31-22-4 of the Official Code of Georgia Annotated, relating to the examination of human specimens by clinical laboratories, so as to provide that nothing in said Code section shall be construed to prohibit such examination at the request of a licensed doctor of chiropractic.
Referred to the Committee on Health & Ecology.

890

JOURNAL OF THE HOUSE,

HB 1819. By Representatives Thomas of the 69th, Ware of the 77th, Jones of the 71st, Yates of the 75th, Meadows of the 91st and others:
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 fourth judge of the superior courts of the Coweta Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.

HB 1820. By Representatives Alford of the 57th and Lawson of the 9th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to create the Georgia Water Authority for the general purpose of acquiring, constructing, equipping, or operating one or more surface-water impoundments to promote and protect the environmental, recreational, industrial, commercial, and agricultural resources of the state.
Referred to the Committee on Natural Resources & Environment.

HR 812. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th:
A resolution designating the "Plantation Parkway".
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 1766 HB 1767 HB 1768 HB 1769 HB 1770 HB 1771 HB 1772 HB 1773 HB 1774 HB 1775
HB 1776
HB 1777 HB 1778
HB 1779

HB 1780 HB 1789 HB 1790 HR 786 HR 787 HR 794 HR 795 HR 796 SB 502 SB 584 SB 585 SB 650 SB 685

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1641 Do Pass HB 1642 Do Pass
Respectfully submitted, /s/ Mangum of the 57th
Chairman

FRIDAY, FEBRUARY 9, 1990

891

Representative Dixon of the !51st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 537 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the !51st
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 808 Do Pass
Respectfully submitted,
Is/ Lee of the 72nd
Chairman

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

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1720 Do Pass, as Amended
Respectfully submitted,
Is/ Colwell of the 4th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1038 Do Pass HB 1495 Do Pass HB 1736 Do Pass HB 1750 Do Pass

HB 1751 Do Pass HB 1761 Do Pass HB 1765 Do Pass

892

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Royal of the 144th District, Secretary of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HR 279 Do Pass HB 776 Do Pass, by Substitute HB 1508 Do Pass, by Substitute

HB 1614 Do Pass HB 1620 Do Pass HB 1711 Do Pass, by Substitute

Respectfully submitted,
Is/ Royal of the 144th
Secretary

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 9, 1990

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

HB 577 HB 744 HB 1137 HB 1202 HB 1248 HB 1463 HB 1520 HB 1539 HB 1541 HB 1555 HB 1563 HB 1597 HB 1601 HB 1608 HB 1740

Medical Assistance; Drug Bidding Programs and Rebates Contracts; Partial Restraint of Trade; Exceptions Insurance; Continuing Care, Providers; Regulation Housing; Discrimination; Revise Provisions Local Govt.; Cert. Bldgs.; Display Names of Cert. Officials Securities; Investment Adviser; Registration Adm. Proc.; Bd. of Regents; Education Dept. Bd. of Ed.; Rules Ad Valorem Tax; Standing Timber; Fair Market Value Department of Medical Assistance; Interest Limitation Motor Vehicle Warranty Rights Act; Create Licensed Practical Nurses; License Requirements Property; Escrow Accounts; Loan Proceeds; Disbursement City/Business Improvement Dist.; Lie. Fees/Occup. Tax; Surcharge Business/Occupation Tax; Failure to Pay; Prosecution State Board of Funeral Service; Termination Date

HR 735 MARTOC; Res. Creating; Amend Provisions Providing for Repeal HR 761 Dick Hunter Memorial Bridge; Designate

SB 71 Trial Judges and Solicitor's Ret.; Average Annual Compensation SB 76 Superior Courts; Certain Judge Serve Another Term

SR 335 Tattnall 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

FRIDAY, FEBRUARY 9, 1990

893

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

HB 1495. By Representative Breedlove of the 60th:
A bill to increase the homestead exemption from city ad valorem taxes for residents of the City of Norcross who own and occupy their residences; to increase the homestead exemption from city ad valorem taxes for residents of the City of Norcross who are 62 years of age or older and who own and occupy 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 roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford E Allen
Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Branch
Y Breedlove Y Brooks Y Brown Y Buck
Buford Y Byrd YCampbell
Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch
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
Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes YHooks 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 YLee Y Linder Y Long YLord
Lucas Y Lupton YMangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows YMilarn Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell 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 Y Smith,T
Smith,W Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C
Thomas,M Y Thompson
Y Thurmond Y Titus
Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C
Y Walker,L YWall YWare Y Watson
Y Watts Y White Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

HB 1038.

By Representatives Dixon of the !28th, Hamilton of the !24th and Allen of the !27th:
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.

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

894

JOURNAL OF THE HOUSE,

Y Aaron Abernathy
Y Adams Y Aiken Y Alford E Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Batea Y Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Buck
Buford Y Byrd
Y Campbell Carrell
Y Carter YChamhless
Chance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch
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
Dunn Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes YHooks Y Howren
Hudson Ylrwin Y Iaakson 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
Y Lord 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves Y Redding Y Ricbardaon
Ricketaon Y Robinson y Royal
Y Selman Y Simpaon
Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Smitb,W Smyre YSnow Y Stanci~F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C Thomas,M
Y Thompson
Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts y White
Y Wilder YWilliams,B Y Williama,J Y Yatea Y Yeargin
Murphy,Spkr

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

HB 1736. By Representative Hudson of the 117th:
A bill to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board; to provide for the nonpartisan nomination and election of the members of the Board of Education of Pulaski County upon the expiration of regular terms of office.

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

Y Aaron
Abernathy Y Adams Y Aiken Y Alford E Allen
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Batea y Beck
Y Benefield

Y Bonn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Buck
Buford Y Byrd YCampbell
Carrell Y Carter YChambless
Chance Y Cheeks Y Childers
Clark,B

Y Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch
Crawford Crosby Y Cummings,B Y Cummings,M Y Davis,C Davis,G Y Davis,M YDixon,H Y Dixon,S y Dobbe
Y Dover
Dunn Edwards

YEhrhart
Y Felton Y Fennel Y Floyd,J.M YFloyd,J.W Y Foster Y Godbee
Y Goodwin Green
Y Greene Y Gresham Y Griffm Y Groover Y Hamilton
Y Harmer YHarris
Hasty
YHeard Y Herbert

Y Holcomb
Y Holland Y Holmes YHooks Y Howren
Hudson Y Irwin
Y Iaakson Y Jackson,J
Y Jackson,W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
YLane,D y Lane,R
Y Langford

FRIDAY, FEBRUARY 9, 1990

895

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 YMilam

Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston Y Poag

Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves y Redding
Y Richardson
Ricketson Y Rnbinson y Rnyal
Y Selman Y Simpson
Sinkfield Y Smith,L Y Smith,P

Y Smith,T Smith,W Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C
Thomas,M YThompson YThurmond Y Titus Y Tolbert

Y Townsend Y Twiggs
Y Vaughan
YWaddle Walker,C
Y Walker,L YWall YWare Y Watson Y Watta y White
Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

HB 1750.

By Representatives Wilder of the 21st, Clark of the 20th, Isakson of the 21st, Aiken of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating a board of elections and registration in Cobb County, so as to authorize the board to employ an 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 roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford EAllen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister
Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates y Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Y Brooks Y Brown Y Buck
Buford Y Byrd Y Campbell
Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch
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 Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Hasty
Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren
Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Jolmson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten
Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves y Redding Y Richardson
Ricketson Y Robinson y Rnyal
Y Selman Y Simpson
Sinkfield

On the passage of the Bill, the ayes were 150, nays 0.

Y Smith,L Y Smith,P Y Smith,T
Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat 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 YWall YWare Y Watson Y Watta Y White Y Wilder Y Williarns,B Y Williarns,J Y Yates Y Yeargin
Murphy,Spkr

896

JOURNAL OF THE HOUSE,

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

HB 1751. By Representatives Redding of the 50th, Richardson of the 52nd, Williams of the 54th, Oliver of the 53rd, Davis of the 45th and others:
A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to authorize the board of education to make rules and regulations relating to admission of certain nonresident students in the public schools of the city and to adopt admission policies and establish rates of tuition and tuition credits and work programs with respect to such nonresident students.

The report of the Committee, which was favorable to the passage of 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 E Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Y Brooks Y Brown Y Buck
Buford Y Byrd
Y Campbell Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch
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
Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks
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 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 Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten
Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves y Redding Y Richardson
Ricketson Y Robinson y Royal
YSelman Y Simpson
Sinkfield

Y Smith,L Y Smith,P
Y Smith,T Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas,C
Thomas,M Y Thompeon 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 WilliamB,B Y WilliamB,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.

HB 1761. By Representative Green of the 106th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change provisions relating to the compensation and allowances of the chairperson and members of the board.

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

FRIDAY, FEBRUARY 9, 1990

897

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 E Allen Y Athon Y Atkins Y Bailey
Y Baker Balkcom Bannister
Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown
Y Buck Buford
YByrd
Y Campbell Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch
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 Dunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner

Y Harris
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
Y Lawrence Y Lawson YLee 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
YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell
YParham Y Parrish
Y Patten Pettit
Y Pinkston YPoag Y Porter Y Poston Y Powell 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 Y Smith,T
Smith,W Smyre YSnow Y Stancii,F Y Stancii,S Y Stanley Y Steele Y Stephens Y Streat 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 YWall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williama,B Y Williarns,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.

HB 1765.

By Representative Powell of the 145th:
A bill to amend an Act providing a new charter for the City of Norman Park, so as to change the provisions relating to the date of taking office; to reestablish two-year terms of office for the mayor and councilmen; to provide for the date of the regular municipal election.

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

Y Aaron Abernathy
Y Adams Y Aiken Y Alford E Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M

Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Buck
Buford Y Byrd Y Campbell
Carrell

Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch
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
Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee

Y Goodwin
Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

898

JOURNAL OF THE HOUSE,

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 Y Long

Y Lord 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr

Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves Y Redding Y Richardson
Ricketson Y Robinson

Y Royal Y Sebnan Y Simpson
Sinkfield Y Smith,L Y Smith,P Y Smith,T
Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Y Streat Y Teper Y Tbomas,C
Thomas,M Y Thompson

Y Thurmond Y Titus Y Tolbert
Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L
YWall Y Ware Y Watson Y Watts Y White Y Wilder YWilliama,B Y Williama,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 passed by the requisite constitutional majority the following Bills of the Senate:

SB 490. By Senator Foster of the 50th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions as to motors to be used on certain lakes, so as to prohibit the operation of certain vessels on Lake Burton, Lake Rabun, and Seed Lake.

SB 533. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources.

SB 558. By Senator Allgood of the 22nd:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification and classification of professional personnel employed in the public schools of Georgia, so as to change the provisions relating to the fee charged for the renewal of certificates.

SB 563. By Senator Pollard of the 24th:
A bill to amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Safe Dams Act of 1978," so as to change the date on which an exemption for certain dams shall expire.

FRIDAY, FEBRUARY 9, 1990

899

SB 568. By Senator Foster of the 50th:
A bill to amend Code Section 50-12-41, relating to the creation of the Georgia State Games Commission, so as to provide that such commission shall be assigned to the Department of Natural Resources for administrative purposes only.

SB 622. By Senators Foster of the 50th and Dean of the 31st:
A bill to amend Code Section 20-4-31 of the Official Code of Georgia Annotated, relating to initial sick and annual leave granted to personnel transferred to the Department of Technical and Adult Education, so as to provide that full-time adult education personnel who have previously become or hereafter become employees of said department shall be granted an amount of initial accrued sick and annual leave.

SB 654. By Senator Tysinger of the 41st:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, so as to revise said chapter; to provide for definitions; to provide for disclosure of certain financial interests by local government officials and for additional requirements in connection therewith; to provide for the disclosure of certain campaign contributions to local government officials; to provide for penalties.

SB 660. By Senators McKenzie of the 14th, Turner of the 8th, Scott of the 2nd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Industrial Finance Authority as a body corporate and politic, which shall be deemed to be an instrumentality of the state and a public corporation; to provide for a short title; to provide for legislative findings and intent; to provide for definitions.

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

SR 387. By Senators McKenzie of the 14th, Turner of the 8th, Scott of the 2nd and others:
A resolution proposing an amendment to the Constitution so as to authorize guaranteed revenue debt to be incurred to finance loans to, and the acquisition of loans made by others to, businesses to encourage economic development in the state as provided by general law; to provide for the submission of this amendment for ratification or rejection.

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

SB 677. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, as amended, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted in bails and bonds in the Municipal Court of Atlanta.

900

JOURNAL OF THE HOUSE,

SB 686. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah and providing that there shall be eight Aldermen of the City of Savannah and providing for the election of said Aldermen, as amended, so as to change the provisions relating to Aldermanic Districts; to provide for one at-large Alderman who shall also be the Vice-Mayor.

HB 1611.

By Representatives Stephens of the 68th, Clark of the 13th, Irwin of the 13th and Thurmond of the 67th:
A bill to amend an Act providing for a new charter for the City of Athens, so as to authorize retention of staggered two-year terms of office.

HB 1625. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Catoosa County school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $14,000.00 per annum, shall be exempt from all ad valorem taxation for education purposes levied for and in behalf of such school system.

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

SB 490. By Senator Foster of the 50th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions as to motors to be used on certain lakes, so as to prohibit the operation of certain vessels on Lake Burton, Lake Rabun, and Seed Lake.
Referred to the Committee on Game, Fish & Parks.

SB 533. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources.
Referred to the Committee on Natural Resources & Environment.

SB 558. By Senator Allgood of the 22nd:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification and classification of professional personnel employed in the public schools of Georgia, so as to change the provisions relating to the fee charged for the renewal of certificates.
Referred to the Committee on Education.

FRIDAY, FEBRUARY 9, 1990

901

SB 563. By Senator Pollard of the 24th:
A bill to amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Safe Dams Act of 1978," so as to change the date on which an exemption for certain dams shall expire.
Referred to the Committee on Natural Resources & Environment.

SB 568. By Senator Foster of the 50th:
A bill to amend Code Section 50-12-41, relating to the creation of the Geor, gia State Games Commission, so as to provide that such commission shall be assigned to the Department of Natural Resources for administrative purposes only.
Referred to the Committee on Game, Fish & Parks.

SB 622. By Senators Foster of the 50th and Dean of the 31st:
A bill to amend Code Section 20-4-31 of the Official Code of Georgia Annotated, relating to initial sick and annual leave granted to personnel transferred to the Department of Technical and Adult Education, so as to provide that full-time adult education personnel who have previously become or hereafter become employees of said department shall be granted an amount of initial accrued sick and annual leave.
Referred to the Committee on Education.

SB 654. By Senator Tysinger of the 41st:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, so as to revise said chapter; to provide for definitions; to provide for disclosure of certain financial interests by local government officials and for additional requirements in connection therewith; to provide for the disclosure of certain campaign contributions to local government officials; to provide for penalties.
Referred to the Committee on State Planning & Community Affairs.

SB 660. By Senators McKenzie of the 14th, Turner of the 8th, Scott of the 2nd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Industrial Finance Authority as a body corporate and politic, which shall be deemed to be an instrumentality of the state and a public corporation; to provide for a short title; to provide for legislative findings and intent; to provide for definitions.
Referred to the Committee on Industry.

SB 677. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, as amended, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted in bails and bonds in the Municipal Court of Atlanta.
Referred to the Committee on State Planning & Community Affairs - Local.

902

JOURNAL OF THE HOUSE,

SB 686. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah and providing that there shall be eight Aldermen of the City of Savannah and providing for the election of said Aldermen, as amended, so as to change the provisions relating to Aldermanic Districts; to provide for one at-large Alderman who shall also be the Vice-Mayor.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 387. By Senators McKenzie of the 14th, Turner of the 8th, Scott of the 2nd and others:
A resolution proposing an amendment to the Constitution so as to authorize guaranteed revenue debt to be incurred to finance loans to, and the acquisition of loans made by others to, businesses to encourage economic development in the state as provided by general law; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Industry.

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 1597.

By Representatives Thomas of the 69th, Pettit of the 19th, Baker of the 51st and Lawrence of the 49th:
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 for the funding of loan proceeds and the disbursement of funds held in escrow accounts in connection with loans secured by real property.

The following Committee substitute was read and adopted:

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 for the funding of loan proceeds and the disbursement of funds held in escrow accounts in connection with loans secured by real property; to provide for definitions; to provide for applicability; to provide for the recovery of losses; to provide for penalties; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to examples of unfair and deceptive practices declared to be unlawful in connection with consumer transactions, so as to declare that the failure by a lender to issue a negotiable check or draft representing good funds in connection with a real estate transaction shall be an unfair and deceptive practice; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in general, is amended by adding at the end thereof a new Code Section 44-14-13 to read as follows:
"44-14-13. (a) As used in this Code section, the term: (1) 'Borrower' means the maker of the promissory note evidencing the loan to be
delivered at the loan closing.

FRIDAY, FEBRUARY 9, 1990

903

(2) 'Collected funds' means funds deposited, finally settled, and credited to the settlement agent's escrow account.
(3) 'Disbursement of settlement proceeds' means the payment of all proceeds of the transaction by the settlement agent to the persons entitled thereto.
(4) 'Lender' means any person or entity regularly engaged in making loans secured by mortgages or deeds to secure debt on real estate.
(5) 'Loan closing' means the time agreed upon by the borrower and the lender when the execution and delivery of loan documents by the borrower occurs.
(6) 'Loan documents' means the note evidencing the debt due to the lender, the deed to secure debt or mortgage securing the debt due to the lender, and any other documents required by the lender to be executed by the borrower as part of the transaction.
(7) 'Loan funds' means the gross or net proceeds of the loan to be disbursed by or on behalf of the lender at the loan closing.
(8) 'Party' or 'parties' means the seller, purchaser, borrower, lender, and settlement agent, as applicable to the subject transaction.
(9) 'Settlement' means the time when the settlement agent has received the duly executed deed to secure debt and other loan documents and funds required to carry out the terms of the contracts between the parties.
(10) 'Settlement agent' means the person responsible for conducting the settlement and disbursement of the settlement proceeds and includes any individual, corporation, partnership, or other entity conducting the settlement and disbursement of the loan funds. (b) This Code section applies only to transactions involving purchase money loans made by a lender, or loans made to refinance, directly or indirectly, a purchase money loan made by another lender, which loans will be secured by deeds to secure debt or mortgages on real estate containing not more than four residential dwelling units, whether or not such deeds to secure debt or mortgages have a first-priority status. (c) Except as otherwise provided in this Code section, a settlement agent shall not cause a disbursement of settlement proceeds unless such settlement proceeds are collected funds. Notwithstanding that a deposit made by a settlement agent to its escrow account does not constitute collected funds, the settlement agent may cause a disbursement of settlement proceeds from the escrow account in reliance on such deposit under any of the following circumstances:
(1) The deposit is either (A) a check or draft representing the loan funds issued by, (B) a certified check, cashier's check, or treasurer's check issued by or drawn on, or (C) other similar primary obligation of a federally insured bank, savings bank, savings and loan association, or credit union or of any holding company or wholly owned subsidiary of any of the foregoing;
(2) The deposit is either a check or draft issued by a lender approved by the United States Department of Housing and Urban Development (HUD);
(3) The deposit is a check issued by a lender qualified to do business in Georgia; (4) The deposit is a check drawn on the escrow account of an attorney licensed to practice law in the State of Georgia or on the escrow account of a real estate broker licensed under Chapter 40 of Title 43, if the settlement agent has reasonable and prudent grounds to believe that the deposit will constitute collected funds in the settlement agent's escrow account within a reasonable period; (5) The deposit is a check issued by the United States of America or any agency thereof or the State of Georgia or any agency or political subdivision of the State of Georgia; or (6) The deposit is a personal check or checks in an aggregate amount not exceeding $5,000.00 per loan closing. For purposes of this Code section, disbursement of settlement proceeds shall only be made from the proceeds of any of the instruments described in paragraphs (1) through (6) of this subsection if such instruments are negotiable instruments in accordance with the provisions of Code Section 11-3-104. (d) The lender shall at or before the loan closing deliver loan funds to the settlement agent either in the form of collected funds or in the form of a negotiable instrument

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JOURNAL OF THE HOUSE,

described in any of paragraphs (1) through (3) of subsection (c) of this Code section, provided that the lender must cause such instrument to be honored upon presentment for payment to the bank or other depository institution upon which such instrument was drawn.
(e) Any party violating this Code section shall be liable to any other party suffering a loss due to such violation for such other party's actual damages plus reasonable attorneys' fees. In addition, any party violating this Code section shall pay to the borrower an amount of money equal to $1,000.00 or double the amount of interest payable on the loan for the first 60 days after the loan closing, whichever is greater."
Section 2. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to examples of unfair and deceptive practices declared to be unlawful in connection with consumer transactions, is amended by striking the word "or" at the end of paragraph (23), by adding "; or" in place of the period at the end of paragraph (24), and by adding a new paragraph (25) to read as follows:
"(25) The issuance of a check or draft by a lender in connection with a real estate transaction in violation of Code Section 44-14-13."
Section 3. This Act shall not be construed to repeal or modify any provisions of law relative to the utterance or delivery of a worthless check and the provisions of this Act shall be cumulative of such other provisions.
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 Aiken
Y Alford E Allen Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates Y Beck Y Benefield Y Benn
Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Brooks
Y Brown Y Buck Y Buford
Byrd
Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

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

Y Harris 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 Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
Y Lee Y Linder Y Long
Lord
Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey

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

Y Smith,L Y Smith,P
Y Smith,T YSmith,W
Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper YThomaa,C
Thomas,M YThompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall
Ware Y Watson Y Watts y White
Wilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 143, nays 1.

FRIDAY, FEBRUARY 9, 1990

905

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

Due to mechanical malfunction, the vote of Representative Davis of the 45th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Richardson of the 52nd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Wall of the 61st arose to a point of personal privilege and addressed the House.

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

HB 1347.

By Representative Aaron of the 56th:
A bill to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that the state and political subdivisions thereof are not required to issue a permit for a parade or demonstration or to offer police protection in connection therewith to any group which advocates hatred of and discrimination or the commission of crimes against another segment of society on account of race, color, sex, religion, or national origin.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that the state, any agency or authority thereof, or a county or municipality may establish certain criteria under which parade or demonstration permits may be denied including but not limited to the costs of extraordinary police protection associated with preserving the peace as a result of a particular group advocating, encouraging, or inciting hatred of and discrimination or the commission of crimes against another segment of society on account of race, color, sex, religion, or national origin; to provide for a statement of purpose; to prohibit the denial of a permit without a hearing; to provide for judicial review; to provide for applicability with respect to law enforcement officers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, is amended by adding following Code Section 1-2-11 a new Code Section 1-2-12 to read as follows:
"1-2-12. (a) This Code section is enacted for the purpose of preserving the public health, safety, morals, and general welfare of the citizens of this state, to prevent impermissible state support of discrimination, and to prevent the expenditure of large sums of public revenues to assist groups in promoting hatred of and discrimination against others to the detriment of certain citizens in need of social programs which could otherwise be financed from such public revenues.
(b) The state, any agency or authority thereof, or a county or municipality may establish certain criteria under which parade or demonstration permits may be denied including but not limited to the costs of extraordinary police protection associated with preserving the peace as a result of a particular group advocating, encouraging, or inciting hatred of and discrimination or the commission of crimes against another segment of society on account of race, color, sex, religion, or national origin.

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(c) The state, any agency or authority thereof, or a county or municipality shall not deny a parade or demonstration permit to any group until a hearing is held to determine whether the group meets certain criteria established by the governmental entity which warrants the denial of a parade or demonstration permit. Any group requesting a permit shall be notified in writing by first-class mail at least ten days prior to such hearing and a notice of such hearing shall be published at least ten days prior to such hearing in the legal organ of the county where the parade or demonstration is intended to take place. Any group denied a permit and aggrieved by a decision of the governing authority resulting from such hearing may appeal the decision to the superior court in the county where the parade or demonstration is intended to take place.
(d) Nothing in this Code section shall be construed to affect the duties of law enforcement officers to arrest any person who commits a crime against another person who is exercising his or her rights under the Constitution or laws of this state and of the United States."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Abernathy
Adams Y Aiken Y Alford EAllen
Athon Y Atkins Y Bailey
Y Baker Y Balkcom
Bannister
Y Barfoot
Bargeron Y Barnett,B Y Barnett,M
N Bates Beck
Y Benefield Benn
Y Birdsong N Bishop Y Bostick
Branch Y Breedlove
N Brooks YBrown Y Buck Y Buford N Byrd
N Campbell Y Carrell Y Carter
Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark,B N Clark,H Y Clark,L
Coleman YColwell Y Connell Y Couch N Crawford
Crosby
Y Cummings,B Cummings,M
Y Davis,C Davis,G
N Davis,M N Dixon,H
Y Dixon,S Dobbs
Dover Dunn Y Edwards N Ehrhart Y Felton N Fennel N Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene N Gresham Y Griffin Y Groover N Hamilton Y Hanner

N Harris Y Hasty N Heard Y Herbert Y Holcomb
Holland Y Holmes YHooks N Howren
Y Hudaon Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson
N Jones Kilgore
Y Kingston Lane,D
Y Lane,R Y Langford
Lawrence Y Lawson y Lee
Y Linder y Long
N Lord Y Lucas Y Lupton
Mangum Y Martin N McCoy Y McDonald Y McKelvey

Y McKinney,B
Y McKinney,C Y Meadows
Milam N Mobley N M'OOdy
Y Morton Y Moultrie N Mueller N Oliver,C Y Oliver,M
N Orr Orrock
Y Padgett
Pannell Y Parham Y Parrish N Patten
Pettit Y Pinkston y Poag
N Porter N Poston Y Powell y Randall
Y Ransom YRay
Y Reaves Y Redding Y Richardaon Y Ricketson Y Robinson y Royal
Selman Y Simpson
Sinkfield

Y Smith,L Y Smith,P N Smith,T Y Smith,W
Smyre ~N Snow Y Stancil,F
Y Stancil,S Stanley
N Steele N Stephens
N Streat N Teper YThomas,C YThomas,M
Thompson
Thurmond N Titus Y Tolbert N Townaend y Twiggs
N Vaughan
Y Waddle Walker,C
N Walker,L
N Wall Ware
Y Watson Y Watts N White N Wilder Y Williarns,B Y Williarns,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 104, nays 41.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1347, by substitute, was ordered immediately transmitted to the Senate.

FRIDAY, FEBRUARY 9, 1990

907

Representative Adams of the 79th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Morton of the 47th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
SR 335. By Senator Kennedy of the 4th: A resolution authorizing the conveyance of certain state owned real property located 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:

Y Aaron Y Abernathy Y Adams
Y Aiken Y Alford E Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron
Y Barnett,B Barnett,M
Y Bates
Beck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick
Branch Y Breedlove Y Brooks
Brown Y Buck
Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman YColwell Y Connell
Couch 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
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkina 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 Lucaa 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 Morton Y Moultrie
Mueller Y Oliver,C Y Oliver,M
YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Pettit Pinkston YPoag
Y Porter
Y Poston Y Powell y 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,P Y Smith,T
YSmith,W Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M YThompson YThurmond 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 YWilliams,B
Y Williams.J Y Yates YYesrgin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1541.

By Representatives Walker of the 115th, Groover of the 99th, Edwards of the 112th, Lee of the 72nd, Connell of the 87th and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide a definition; to limit the Department of Medical Assistance's ability to obtain interest and its liability for interest.

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JOURNAL OF THE HOUSE,

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

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford E Allen Y Atbon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Y Brooks Brown
Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H Y Dixon,S
Dobbs Y Dover
Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson y Lee
Y Linder Y Long
Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton
Moultrie Y Mueller
Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett
Pannell
YParbam Y Parrish Y Patten
Pettit Pinkston Y Poag Y Porter Y Poston Y Powell y Randall
Ransom YRay
Y Reaves y Redding
Y Richardson Y Ricketson
Y Robinson y Royal
Y Selman Y Simpson
Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W
Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
YTbomas,C YTbomas,M YTbompson
Tburroond Y Titus Y Tolbert
Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall
Ware Y Watson Y Watts y White
Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 744. By Representative Groover of the 99th:
A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter; to provide rules and guidelines to determine if contracts are in partial restraint of trade; to provide that loss or forfeiture provisions conditioned upon the occurrence of competition or other specified acts or events are not partial restraints of trade; to provide for agreements to protect confidential information; to provide procedures for identification, clarification, and reformulation of agreements; to provide rules and guidelines to determine

FRIDAY, FEBRUARY 9, 1990

909

the enforceability of loss or forfeiture provisions that are combined with partial restraints of trade; to define certain terms; to provide for enforcement; to provide for construction and application; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 13-8-2, relating to contracts contravening public policy generally, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Contracts in general restraint of trade, ~ distinguished from contracts !!:! partial
restraint Qf trade ~ provided for!!:! Code Section 13-8-2.1;".
Section 2. Said chapter is further amended by adding between Code Sections 13-8-2 and 13-8-3 a new Code Section 13-8-2.1 to read as follows:
"13-8-2.1. (a) Contracts that restrain in a reasonable manner any party thereto from exercising any trade, business, or employment are contracts in partial restraint of trade and shall not be considered against the policy of the law, and such partial restraints, so long as otherwise lawful, shall be enforceable for all purposes. Without limiting the generality of the foregoing, contracts of the type described in subsections (b) through (d) of this Code section are considered to be reasonable for such purpose.
(b) (I) As used in this subsection, the term: (A) 'Affiliate' means: (i) a person or entity that directly, or indirectly through
one or more intermediaries, controls or is controlled by or is under common control with a specified person or entity; (ii) any entity of which a specified person is an officer, director, or partner or holds an equity interest or ownership position that accounts for 25 percent or more of the voting or profits interest of such entity; (iii) any trust or other estate in which the specified person or entity has a beneficial interest of 25 percent or more or as to which such person or entity serves as trustee or in a similar fiduciary capacity; and (iv) the spouse, lineal ancestors, lineal descendants, uncles, aunts, first cousins, nieces, and nephews of the specified person, as well as the spouses of such persons.
(B) 'Business' means any line of trade or business involved in a sale. (C) 'Buyer' means any person or entity, including any successor-in-interest to such an entity, that acquires a business or a controlling interest in a business. (D) 'Controlling interest' means any equity interest or ownership participation held by a person or entity with respect to a business: (i) which accounts for 25 percent or more of the voting or profits interest of the business prior to the sale, alone or in combination with the interest or participation held by affiliates of such person or entity; or (ii) the sale of which results in the owner thereof receiving consideration worth at least $500,000.00, inclusive of any consideration received for the sale of business covenant. (E) 'Sale' means any sale or transfer of the good will or substantially all of the assets of a business or any sale or transfer of a controlling interest in a business, whether by sale, exchange, redemption, merger, or otherwise. (F) 'Sale of business covenant' means any agreement described in paragraph (2) of this subsection or any substantially equivalent agreement. (G) 'Seller' means any person or entity, including any successor-in-interest to such an entity, that is: (i) an owner of a controlling interest; (ii) an executive employee, officer, or manager of the business who receives consideration in connection with either the sale or the sale of business covenant that is worth the equivalent of such person's most recent annual base salary or is in the form of a commitment of continued employment for a period of at least one year; or (iii) an affiliate of a person or entity described in division (i) or (ii) of this subparagraph. (2) A seller may agree in writing for the benefit of a buyer to refrain from: (A) Carrying on or engaging in any activity competitive with the business; or

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(B) Soliciting or accepting business from the business's customers, including actively sought prospective customers, for purposes of providing products or services competitive with those provided by the business within the geographic area or areas where the business conducts its operations at the time of the sale, including any area where the business's customers and actively sought prospective customers are present and including any area into which the business is reasonably expected to expand, provided that such activity, business, and area must be described in writing. A sale of business covenant may, if reasonable to protect the interests of the buyer or the good will of the business, be worldwide. A sale of business covenant may extend for any period of time that is reasonable to protect the interests of the buyer or the good will of the business. Each sale of business covenant shall, however, be considered to terminate at the time the business is discontinued or the seller, including all successors-in-interest, ceases to exist. (c) (1) As used in this subsection, the term:
(A) 'Business' means any line of trade or business conducted by an employer.
(B) 'Employee' means: (i) an executive employee, officer, manager, or key employee; (ii) research and development personnel or other persons or entities, including independent contractors, in possession of trade secrets or confidential information that is important to the business; or (iii) any other person or entity, including an independent contractor, in possession of selective or specialized skills, learning, or abilities or customer contacts or information. The term 'employee' shall not include, however, any ordinary employee who depends for his livelihood on continuing to conduct the same activities as his primary or sole occupation, who lacks selective or specialized skills, learning, customer contacts, or abilities or acquired them before he was employed by or began doing business with the employer, and who is unable to find work of similar stature within a reasonable period of time involving other activities or by moving to other locations. In addition, the term 'employee' shall include any party to a partnership agreement, franchise, distributorship, license, or sales agency agreement.
(C) 'Employer' means any corporation, partnership, proprietorship, or other organization, including any successor-in-interest to such an entity, that conducts a business or any person or entity that directly or indirectly owns an equity interest or ownership participation in such an entity that accounts for 50 percent or more of the voting or profits interest of such entity.
(D) 'Material contact' exists between an employee and each customer or potential customer: (i) with whom the employee dealt; (ii) whose dealings with the employer were coordinated or supervised by the employee; or (iii) about whom the employee obtained confidential account information as a result of such employee's association with the employer.
(E) 'Post-employment covenant' includes any agreement described in paragraphs (2) through (4) of this subsection or any substantially equivalent agreement.
(F) 'Termination' means the termination of an employee's engagement with an employer, whether with or without cause and upon the initiative of either party, provided that any possible inequity that results from the discharge of an employee without cause or in violation of a contractual or other legal obligation of the employer may be considered as a factor affecting the choice of an appropriate remedy or, if the restraint as a whole is rendered unreasonable, the unenforceability thereof.
(2) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from conducting activity that is competitive with the activities the employee conducted for the employer within the geographic area or areas where the employee conducted such activities at or within a reasonable period of time prior to termination, provided that such activity and area must be described in writing. The geographic area in which an employee works may include any area where any operations performed, supervised, or assisted in by the employee were conducted and any area where customers or actively sought prospective customers of the business with whom the employee had material contact are present.

FRIDAY, FEBRUARY 9, 1990

911

Activities that are competitive with the activities that the employee conducted for the employer may include business pursuits that are the same as or related to the pursuits previously carried on by the employee and that, if carried on for the benefit of anyone other than the employer, would result in a loss of customers, profit, or business.
(3) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from soliciting or accepting business from such of the business's customers, including actively sought prospective customers, with whom the employee had material contact during his employment for purposes of providing products or services that are competitive with those provided by the business and described in such restraint. No express reference to geographic area shall be required. Any reference to a prohibition against 'soliciting or accepting business from customers,' or similar language, shall be narrowly construed to apply only to such of the business's customers, including actively sought prospective customers, with whom the employee had material contact.
(4) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from recruiting or hiring any other employee of the employer or its affiliates. No express reference to geographic area shall be required. Any reference to a prohibition against recruiting or hiring other employees shall be narrowly construed to apply only to other employees who are still actively employed by or doing business with the employer or its affiliates at the time of the attempted recruiting or hiring.
(5) To the extent so stated in the post-employment covenant, a post-employment covenant may provide that any violation of the restraint shall automatically toll and suspend the period of the restraint for the amount of time that the violation continues, provided that the employer seeks enforcement promptly after discovery of the violation.
(6) A duration of two years or less shall be presumed to be reasonable as the period of time stated for any post-employment covenant. (d) Any restriction that operates during the term of an employment agreement, agency agreement, independent contractor agreement, partnership agreement, franchise, distributorship agreement, license, shareholders' agreement, or other ongoing business agreement shall not be considered unreasonable because it lacks any specific limitation upon scope of activity, duration, or territory, so long as it promotes or protects the purpose or subject matter of the agreement or deters any potential conflict of interest. (e) (1) Whenever a description of activities, products and services, or areas is required, any description that provides fair notice of the maximum reasonable scope of the restraint shall satisfy such requirement, even if the description is generalized or could possibly be stated more narrowly to exclude extraneous matters. For example, 'insurance' shall be sufficient to describe 'group life insurance' if that is considered to be the sole relevant product or service, and 'broadcasting' shall be sufficient to describe 'sports anchor television broadcasting' if that is considered to be the sole relevant activity.
(2) In the case of a post-employment covenant entered into prior to termination, any good faith estimate of the activities, products and services, or areas that may possibly be applicable at the time of termination shall also satisfy such requirement, even if such estimate is capable of including or ultimately proves to include extraneous activities, products and services, or areas, depending on whether anticipated changes actually occur. The post-employment covenant may provide expressly in such an instance that it will ultimately cover only so much of such estimate as relates to the activities actually conducted, the products and services actually offered, or the areas actually involved within a stated period of time prior to termination. Alternatively, if the court determines such an approach to be consistent with the parties' intent, the estimate may be construed to call implicitly for any extraneous activities, products and services, or areas to be disregarded.
(3) In all cases, any generalization, ambiguity, or possible overbreadth shall be narrowly construed so that the description complies, whenever possible, with all
requirements 'for enforceability.' Such phrases as 'the business or activities being conducted! at the timer of {termination}'or 'the areas whererthe {employee} is working at

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the time, of (termination}' shall not be' considered, insufficient as a description of such activities or areas if the obvious context of the, agreement, other provisions contained in the agreement, or other facts evident at the time of termination provide fair notice to all affected persons, including future employers, of the maximum reasonable scope of the restraint.
(f) (1) Whenever a person or entity desires to verify the terms of any partial restraint in effect at any time, or to obtain a clarification or reformulation of a restraint believed to be unclear or overbroad, such person or entity may, at its option, demand such verification, clarification, or reformulation or any combination of the foregoing by delivering to the persons or entities that benefit from such restraint a written statement that contains: (A) if verification is sought, a request for a copy of each partial restraint in effect between the parties; (B) if clarification is sought, a description of the clarification requested; (C) if the restraint is believed to be overbroad, both a description of the nature of the overbreadth and a reformulation that such person or entity believes would accomplish as much of the original restraint as would be reasonably possible; and (D) in all cases, the following statement: 'THIS DEMAND IS MADE PURSUANT TO CODE SECTION 13-8-2.1({)(2) OF THE OFFICIAL CODE OF GEORGIA ANNOTATED AND REQUIRES A RESPONSE WITHIN TEN DAYS."
(2) Within ten days after such other persons or entities or their authorized representatives have received such demand in person, they shall respond by sending the person or entity bound by the restraint the requested information or, if clarification or reformulation is considered to be unnecessary because the restraint is believed to be clear and reasonable, a statement to that effect. In no event shall such a response be required to include confidential information or business strategies as part of any clarification.
(3) In the interest of reducing or eliminating any unclear or overbroad aspect of the restraint, such a clarification or reformulation on lesser terms may also be issued at any time or from time to time by the persons or entities that benefit from any existing restraint, even in the absence of such a request so long as it is no broader than the terms of the original restraint.
(4) Any clarification or reformulation on lesser terms provided by the persons or entities that benefit from the restraint shall supersede any conflicting terms of the restraint and be binding regardless of whether additional consideration is provided. The person or entity bound by the restraint, as well as anyone who wishes to employ or do business with such person or entity, may rely absolutely on such clarification or reformulation in complying with the terms of such restraint.
(5) Any failure or delay of the persons or entities that benefit from such restraint to respond to such a demand shall be considered as one factor by a court in determining how much of an unclear or overbroad restraint may be enforced as lawfully serving the business purposes and interests contemplated by the parties in their agreement. In addition, if the procedure provided for in this subsection is followed for the benefit of anyone who wishes to employ or do business with a person or entity, any subsequent enforcement of any restraint that was unknown, unclear, or overbroad but that is not properly identified, clarified, or reformulated by the persons or entities that benefit from the restraint following their receipt of such a demand shall be limited so as to avoid prejudice to the employment or business to which the unknown, unclear, or overbroad aspects of the restraint relate. (g) (1) Every court of competent jurisdiction shall enforce through any appropriate remedy every contract in partial restraint of trade that is not against the policy of the law or otherwise unlawful. In the absence of extreme hardship on the part of the person or entity bound by such restraint, injunctive relief shall be presumed to be an appropriate remedy for the enforcement of the contracts described in subsections (b) through (d) of this Code section. If any such restraint is against the policy of the law in any respect and such restraint, considered as a whole, is not so clearly unreasonable and overreaching in its terms as to be unconscionable, the court shall enforce so much of such restraint as it determines by a preponderance of the evidence to be reasonably

FRIDAY, FEBRUARY 9, 1990

913

necessary to protect the interests of the parties that benefit from such restraint. Such a restraint shall be subject to partial enforcement, whether or not it contains a severability or similar clause and regardless of whether the unlawful aspects of such restraint are facially severable from those found lawful.
(2) The enforceability of any partial restraint of trade shall be determined and shall be enforced independently of the enforceability of any other covenant or part thereof contained in the same contract or arrangement.
(3) Contractual terms that provide for a loss or forfeiture of rights or benefits conditioned upon any specified act or event shall not be considered a partial restraint of trade. The fact that any such loss or forfeiture provision is contained in the same agreement or contract with an otherwise valid partial restraint of trade shall not impair the validity or enforceability of either such loss or forfeiture provision or such restraint, and the enforcement of either term shall not serve as grounds for delaying or withholding enforcement of the other term, including enforcement by injunctive relief. If a loss or forfeiture provision is contained in an agreement or contract that also contains other terms that are determined to be, in some respects, an unreasonable and unenforceable restraint of trade, such loss or forfeiture provision shall nonetheless be enforceable to the extent it may lawfully serve the purposes and interests of the parties that benefit from such provision. Such a loss or forfeiture provision shall be subject to partial enforcement, whether or not it contains a severability or similar clause, and regardless of whether the unlawful aspects of such restraint are facially severable from those found to be unlawful."
Section 2. This Act takes effect on July 1, 1990. As a statement of public policy, this Act shall have general applicability to the fullest extent permitted by law. This Act shall further apply to all remedies sought or granted after the effective date with respect to the subject matter 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.
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 EAllen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates
Beck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown
Y Buck Y Buford Y Byrd

Y Campbell Y Carrell
Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell Y Couch
Y Crawford Crosby
Y Cummings,B Y Cummings,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H Y Dixon,S
Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner Y Harris YHaaty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J Y Jackson,W
Jamieson Y Jenkins Y Johnson Y Jones

Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long
Y Lord Y Lucas Y Lupton YMangum
Martin McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney,C
Meadows
Milam Mobley Y Moody 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 y Randall
Y Ransom YRay
YReaves Redding
Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Y Simpson
Sinkfield Smitb,L Y Smith,P Y Smith,T
Y Smitb,W Smyre
YSnow

914
Y Stancil,F Y Stancii,S
Stanley Y Steele Y Stephens Y Streat

JOURNAL OF THE HOUSE,

Y Teper
Y Thomas,C YThomas,M Y Thompson Y Thurmond Y Titus

Y Tolbert
Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker,C

Walker,L
YWall Ware
Y Watson Y Watts
White

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

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

By unanimous consent, HB 744, by substitute, was ordered immediately transmitted to the Senate.

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.

HB 1608. By Representatives Bishop of the 94th and Randall of the lOlst:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipalities and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees.

The following substitute, offered by Representatives Bishop of the 94th and Isakson of the 21st, was read and adopted:

A BILL
To amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to clarify the authority of municipalities and counties to levy occupation taxes on real estate brokers; to authorize municipalities and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, is amended by striking Code Section 48-13-6, relating to occupation taxes on real estate brokers, in its entirety and substituting in lieu thereof a new Code Section 48-13-6 to read as follows:
"48-13-6. (a) No county or municipal corporation shall levy or collect any fixed amount license, occupation, or professional tax upon real estate brokers, except at the place where any such real estate broker shall maintain a principal or branch office; pro-
vided, however, that, subject !2 the limitations 2f subsection ihl 2f this Code section,
a municipality or county which levies a general occupation or business license tax whieft is levied on a gross receipts basis shall have the power to levy and collect an occupation, license, or professional tax upon real estate brokers transacting business within the boundaries of the taxing jurisdiction, which tax shall be based upon gross l'eVefttle receipts derived from transactions with respect to property located within the boundaries of the taxing jurisdiction.
(b) A municipal corporation ~ impose an occupation, license, Q! professional tax upon real estate brokers based upon gross receipts Q!!!y for real estate transactions with
respect !2 property located within its corporate limits and ~ county governing authority
~ impose such ~ tax based upon gross receipts Q!!!y for real estate transactions with
respect !2 property located!!! the unincorporated area 2f the county."

FRIDAY, FEBRUARY 9, 1990

915

Section 2. Said chapter is further amended by striking Code Section 48-13-17, relating to the issuance of executions against delinquent taxpayers, in its entirety and inserting in lieu thereof the following:
"48-13-17. (a) In addition to the other remedies available to this the state1 counties, and municipalities for the collection of special taxes, occupation taxes, and license fees due the state1 counties, and municipalities from persons subject to the tax or license fee who fail or refuse to pay the tax or fee, the officer charged with the collection of the tax or license fee shall issue executions against the delinquent taxpayers for the amount of the taxes or fees due when the taxes or fees become due.
(b) The right 2f the state, counties, and municipalities to criminally prosecute per-
sons violating the law Q! !! county Q! municipal ordinance by failing to pay the special taxes, occupation taxes, or license fees or by refusing to register shall be in addition to the remedy of issuing executions against delinquent taxpayers as authorized by subsection (a) of this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Abernathy
Y Adams Y Aiken
Y Alford E Allen Y Atbon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Branch
Y Breedlove Brooks
YBrown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C
Davis,G Y Davis,M
Y Di:r.on,H
Y Dixon,S Dobbs
Dover Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham YGriffin
Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson YLee Y Linder y Long
Y Lord Y Lucas Y Lupton Y Mangum YMartin Y McCoy
Y McDonald Y McKelvey

Y McKinney,B
Y McKinney,C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston YPowell y Randall
Y Ransom YRay
Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal y Selman
Simpson Sinkfield

Y Smith,L
YSmith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancii,F Y Stancii,S
Stanley Y Steele Y Stephens
Streat Y Teper
Thomas,C YThomas,M YThompson
YThurmond Y Titus Y Tolbert YTownsend y Twiggs
Y Vaughan
Waddle Walker,C
Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder YWilliarns,B Y Williarns,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

916

JOURNAL OF THE HOUSE,

HB 1248.

By Representatives Birdsong of the 104th and Barnett of the lOth:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that certain local government buildings financed in whole or in part with state funds shall have displayed thereon a plaque or marker with the names of certain state and local officials.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1248 by inserting in line 2 on page 2 between the word "Assembly" and the word "within" the following:
"who were in office at the time state funding was made available and".

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

Y Aaron N Abernathy
Adams N Aiken Y Alford E Allen Y Athon N Atkins Y Bailey
Baker Y Balkcom N Bannister
Barfoot Y Bargeron Y Barnett,B N Barnett,M
Bates Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Branch Breedlove Y Brooks N Brown Y Buck N Buford N Byrd Y Campbell N Carrell Y Carter N Chambless Y Chance Y Cheeks

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

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

McKinney,B Y McKinney,C
Y Meadows Y Milam N Mobley N Moody
N Morton Y Moultrie N Mueller Y Oliver,C
Oliver,M N Orr N Orrock Y Padgett N Pannell
Parham Y Parrish
Y Patten Y Pettit Y Pinkston y Poag
Y Porter N Poston
Y Powell y Randall N Ransom y Ray
Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
Selman Y Simpson
Sinkfield

Y Smith,L Y Smith,P N Smith,T NSmith,W
Smyre
YSnow Y Stancil,F
Stancil,S Stanley N Steele Y Stephens Streat Y Teper NThomas,C YThomas,M N Thompson Y Thurmond Y Titus Y Tolbert N Townsend YTwiggs N Vaughan N Waddle Walker,C Walker,I. Y Wall Ware Y Watson Watts Y White N Wilder YWilliams,B Williarns,J N Yatee Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 84, nays 62.
The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Representative Birdsong of the 104th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1248.

FRIDAY, FEBRUARY 9, 1990

917

Representative Campbell of the 23rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1539. By Representatives Royal of the 144th, Coleman of the 118th, Crosby of the 150th, Godbee of the UOth, Barnett of the lOth and others:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding the ad valorem taxation of property, so as to revise the definition of "fair market value" with respect to the valuation of standing timber for ad valorem tax purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding the ad valorem taxation of property, so as to revise the definition of "fair market value" with respect to the valuation of standing timber for ad valorem tax purposes; to provide for procedures and criteria with respect to such valuation; 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 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding the ad valorem taxation of property, is amended by adding a new subparagraph providing for valuation of standing timber for ad valorem tax purposes at the end of paragraph (1), to be designated subparagraph (D), to read as follows:
"(D) Notwithstanding any other provision of law to the contrary, standing timber shall be valued at its fair market value subject to the following:
(i) Standing timber not having merchantable value shall have no fair market value for ad valorem tax purposes; and
(ii) With respect to determining the merchantable stumpage value of standing timber, the tax assessor shall consider:
(I) Comparable stumpage sales within the United States Forest Service survey unit classification in which the county is located; and
(II) Other factors pertinent in arriving at the merchantable stumpage value of such standing timber, including, but not limited to, stumpage value data and incremental growth data reported by the Georgia Forestry Commission, the University of Georgia Cooperative Extension Service, or the University of Georgia School of Forest Resources, which data shall be provided by the aforesaid agencies to the tax assessor on an annual basis."
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 Childers of the 15th and McKelvey of the 15th move to amend the Committee substitute to HB 1539 as follows:
By striking on line 20 page 1 the words "not having merchantable" and by striking the word "value" on line 21 page 1.

The Committee substitute was adopted.

918

JOURNAL OF THE HOUSE,

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford E Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield Benn
Y Birdsong Y Bishop
Y Bostick Branch
Y Breedlove Y Brooks
Y Brown Y Buck Y Buford Y Byrd
YCampbell Y Carrell Y Carter YChambless Y Chance Y Cheeks

Y Childers
N Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Y Connell Y Couch Y Crawford N 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 Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W 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 y Lee
Y Linder y Long
Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C
Y Meadows Y Milam Y Mobley
Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Y Simpson
Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens Y Strest Y Teper YThomas,C YThomas,M
Thompson YThurmond Y Titus
Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall YWare Y Watson Y Watts Y White
Wilder Y Williarns,B Y Williarns,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Fennel of the 155th 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 Steele of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 577. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to authorize drug bidding programs and rebates relating thereto.
The following Committee 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 authorize drug rebate negotiations and agreements; to provide for the inclusion of certain drugs upon a specified list;

FRIDAY, FEBRUARY 9, 1990

919

to require disclosure of certain drug pricing arrangements; to provide for reimbursement amounts; 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. 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 49-4-152.1 a new Code section to read as follows:
"49-4-152.2. (a) The department is authorized to negotiate and enter into agreements directly with manufacturers and distributors whose prescription drug products are sold in the state for sole-source and multiple-source drugs to be paid for under the state plan for eligible recipients under this article. Such agreements shall provide for a periodic rebate of a negotiated percentage of the total product cost to be paid by the manufacturer or distributor of a specific product covered under the state plan.
(b) Prescription drug products shall be included in the Controlled Medical Assistance Drug List only upon satisfaction and completion of the application and approval process established by the department. Those products for which a rebate has been successfully negotiated shall automatically be included in the Controlled Medical Assistance Drug List for a period of time coterminous with the negotiated rebate.
(c) If there has been a failure to negotiate or renew a rebate agreement for a specific prescription drug product, the pharmaceutical manufacturer or distributor of that product shall disclose to the department its most favorable pricing arrangements available to state and nonstate government purchasers of such products. If the department determines that the product needs to be included in the Controlled Medical Assistance Drug List, the department shall establish the amount to be reimbursed for such product based upon the price information provided by the manufacturer or distributor. The determination as to whether a product should be included in the Controlled Medical Assistance Drug List shall be based upon the product's efficacy, cost, medical necessity, safety, and the availability of less expensive therapeutic alternatives.
(d) The provisions of this Code section shall be construed in conformity with Code Section 49-4-157."
Section 2. This Act shall become effective on July 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 Pannell of the 122nd moves to amend the Committee substitute to HB 577 by adding after "construction;" on line 8 of page 1 the following:
"to provide for limitations upon certain allowable costs which may be reimbursed;".
By striking "a new Code section" from line 14 of page 1 and inserting "new Code sections" in its place.
By striking the quotation marks on line 23 of page 2 and inserting between lines 23 and 24 of page 2 the following:
"49-4-152.3. Dues, assessments, or similar charges for a professional, trade, or similar association or organization shall not be an allowable cost which is reimbursable by the department pursuant to this article."'.

The following amendment was read and adopted:

Representatives Parham of the 105th and Parrish of the 109th move to amend the Committee substitute to HB 577 by striking lines 20 and 21 of page 2 and inserting "cost, medical necessity, and safety." in its place.

920

JOURNAL OF THE HOUSE,

The Committee substitute, as amended, was adopted.

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

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford E Allen Y Athon
Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Branch
Y Breedlove Y Brooke Y Brown Y Buck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 Hooke
Y Howren Y Hudson Ylrwin Y lsskeon Y Jackeon,J Y Jackeon,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long
Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Patten
Y Pettit Pinketon
YPoag Y Porter
Y Poston Y Powell 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 YSmith,W
Smyre YSnow
Y Stancil,F Y Stancil,S Y Stauley Y Steele
Y Stephens Y Streat Y Teper
YThomas,C Y Thomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert
Y Townsend y Twiggs
Y Vaughan
YWaddle Walker,C
Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder YWilliams,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.

HR 735. By Representatives Couch of the 36th and Murphy of the 18th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions providing for the repeal of that resolution.

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 E Allen

Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister

Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates
Beck

Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick
Branch

Y Breedlove Y Brooke Y Brown
Y Buck Y Buford Y Byrd

FRIDAY, FEBRUARY 9, 1990

921

Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis,C
Davis,G Y Davis,M
Dixon,H Y Dixon,S Y Dobbs
Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M
Y Floyd,J.W 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 YHooks 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 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 Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr

Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish
Patten Pettit Pinkston YPoag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson y Royal
Selman YSimpson Y Sinkfield Y Smith,L
Smith,P Y Smith,T Y Smith,W
Smyre
YSnow

Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M Y Thompson YThurmond 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 YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

SB 71. By Senator Timmons of the 11th:
A bill to amend Chapter 10 of Title 47, known as the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions relating to the definition of "average annual compensation"; to change the provisions relating to the basis for employer and employee contributions to the fund; to repeal a provision relating to the fee system of compensation and reports in connection therewith.

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

Y Aaron Y Abernathy Y Adams N Aiken Y Alford EAllen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield
Benn Birdsong Y Bishop

Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd N Campbell Y Carrell Y Carter Y Chambless
Chance Cheeks N Childers Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Couch

Y Crawford Crosby
Y Cummings,B Y Cummings,M Y Davis,C
Davis,G N Davis,M Y Dixon,H Y Dixon,S N Dobbs Y Dover
Dunn Y Edwards Y Ehrhart N Felton Y Fennel YFloyd,J.M Y Floyd,J.W
Foster Y Godbee Y Goodwin Y Green

Y Greene
Gresham
Griffin Y Groover
Hamilton Hanner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudaon Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson
Jenkins

Y Johnson
Y Jones Y Kilgore Y Kingston
Lane,D Lane,R Y Langford N Lawrence Y Lawson YLee N Linder y Long
Y Lord
Y Lucas N Lupton y Mangum
Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney,C

922

JOURNAL OF THE HOUSE,

Y Meadows Milam
Y Mobley Y Moody N Morton
Moultrie N Mueller Y Oliver,C Y Oliver,M Y Orr
Y Orrock Y Padgett
Y Pannell Y Parham

Y Parrish
Patten
Pettit Pinkston Y Poag Y Porter
Y Poston Y Powell y Randall N 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
Smyre
Y Snow Stancil,F
Y Stancil,S

Stanley
Y Steele Y Stephens Y Streat Y Teper
Y Thomas,C Y Thomas,M Y Thompson YThurmond Y Titus
Y Tolbert N Townsend y Twiggs
Y Vaughan

Y Waddle Walker,C
Y Walker,L Y Wall
Ware Y Watson Y Watts
Y White Wilder
Y Williarns,B Williarns,J
N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 127, nays 15. The Bill, having received the requisite constitutional majority, was passed.

SB 76. 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 certain judge of the superior court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge.

The following substitute, offered by Representative Randall of the lOlst, was read and adopted:

A BILL
To amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a certain judge of the superior court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge and to remain a member of the retirement system during such additional term of office; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Any other provisions of this or any other law to the contrary notwithstanding, any judge of the superior court who was a member of the system during a term of office which ended on December 31, 1988, who became 75 years of age during such term of office, who was reelected to office at the nonpartisan election held on the date of the 1988 general election, and who had less than ten years of creditable service on December 31, 1988, shall have the right to retain membership in the system without forfeiting any rights under such system until obtaining ten years of creditable service or, at the option of the judge, until completing the term of office to which the judge was elected in 1988."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 9, 1990

923

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 EAIIen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch 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
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene Gresham
Y Griffm
Y Groover
Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes YHooks
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 YLong y Lord Y Lucas Y Lupton YMangum YMartin Y McCoy
Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M
YOrr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Patten
Pettit Pinkston y Poag
Y Porter
Y Poston
Y Powell Randall
Y Ransom YRay
Y Reaves y 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 Y Smyre
YSnow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C Y Thomas,M Y Thompson
YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
YWaddle Walker,C
Y Walker,L Y Wall
Ware Y Watson
Y Watts White Wilder
YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

The following Resolution was read:

SR 433. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st: A RESOLUTION
Relative to adjournment; and for other purposes.

924

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, February 9, 1990, and shall reconvene at 10:00 A.M. on Monday, February 12, 1990.

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 E Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom N Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield
Y Benn Y Birdsong Y Bishop
Y Bostick Branch
Y Breedlove Y Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch 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
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
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 Y Lucas Y Lupton Y Mangum YMartin Y McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows Milam
YMobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
YParham Y Parrish
Patten Y Pettit
Pinkston YPoag Y Porter Y Poston YPowell y Randall YRansom YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson
Sinkfield

On the adoption of the Resolution, the ayes were 156, nays 1. The Resolution was adopted.

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 Streat Y Teper YThomas,C YThomas,M YThompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williarns,B
Y Williarns,J Y Yates Y Yeargin
Murphy,Spkr

Representative Bannister of the 62nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

HB 1740. By Representative Randall of the 101st:
A bill to amend Code Section 43-18-8, relating to the termination date of the State Board of Funeral Service, so as to change the termination date to July 1, 1996.

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

FRIDAY, FEBRUARY 9, 1990

925

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford E Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates
Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B
Y Clark,H Clark,L
Y Coleman Y Colwell
Y Connell Couch
Y Crawford Crosby
Y Cumminga,B Y Cummings,M
Y Davis,C Davis,G
Y Davis,M Dixon,H
Y Dix.on,S y Dobbs
Y Dover Dunn
Y Edwards y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
Ylrwin Y Iaakson
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 Y Long Y Lord Y Lucas Y Lupton YMangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B McKinney,C Y Meadows Milam Y Mobley Y Moody
Y Morton Moultrie
Y Mueller Y Oliver,C Y Oliver,M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Pettit Pinkston y Poag
Y Porter Y Poston YPowell 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
Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson Y Thurmond Y Titus
Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williarns,B Y Williarns,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1463. By Representative Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to add certain language to the definition of "investment adviser"; to provide that a person shall not hold himself out as an investment adviser or financial planner unless such person is registered as such under this chapter.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to add certain language to the definition of "investment adviser"; to provide that a person shall noi hold himself out as an investment adviser or financial planner unless such person is registered as such under this chapter; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, is amended by striking paragraph (8) of subsection (a) of Code Section 10-5-2, relating to definitions in the "Georgia Securities Act of 1973," in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) 'Investment adviser' means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the

926

JOURNAL OF THE HOUSE,

value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates
analyses or reports concerning securities. As used !!! this chapter, the term ~certified
public accountant' means !! certified public accountant 2! !! firm thereof, registered pur-
suant !Q Chapter ;! Qf Title 43. ~Investment advise( shall also include any person who
holds himself out as a 'financial planner' or 'investment adviser~' other than a certified public accountant. The term 'investment adviser' does not include !! certified public
accountant whose performance Qf investment advisory services ~ solely incidental !Q the practice Qf his profession 2! who does not accept 2! receive, directly 2! indirectly, ~ commission, payment, referral, 2! other form Qf remuneration ~ !! result Qf the purchase Q! sale Qf !! specific security .Qy !! client, does not recommend the purchase 2! sale Qf
specific securities, and does not have custody Qf client funds 2! securities for investment purposes. Unless they hold themselves out as such, the term 'investment adviser' does not include (i) an investment adviser representative; (ii) a lawyer, aeeetmtant, engineer, or teacher whose performance of investment advisory services is solely incidental to the practice of his profession; (iii) a securities dealer or his agent whose performance of these services is solely incidental to the conduct of his business as a securities dealer and who receives no special compensation for them; (iv) a publisher of any newspaper, news column, newsletter, news magazine, or business or financial publication or service, whether communicated in hard copy form, by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific situation of each client; or (v) such other persons not within the intent of this paragraph, as the commissioner may designate by rule or order. The term 'investment adviser' also does not include the following unless they are required to be registered as an investment adviser pursuant to the Investment Advisers Act of 1940, as amended, or rules, regulations, or interpretations thereunder: a bank; a bank holding company as defined in the Bank Holding Company Act of 1956, which is not an investment company; a savings institution; a credit union; or a trust company or any employees of such entities."
Section 2. Said chapter is further amended by striking subsection (g) of Code Section 10-5-12, relating to unlawful practices, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) It shall be unlawful for any person to hold himself out as, or otherwise represent that he is, a 'financial planner' or 'investment eetmsel adviser' or use as descriptive of his business the term 'financial planner' or 'investment eetmsel adviser' or such similar term as may be specified in rules and regulations promulgated by the commissioner unless said person is either !! certified public accountant 2! ~ registered as an investment adviser or investment adviser representative under this chapter. The use of the term 'financial planner' or 'investment adviser' or a similar term to describe a person's business shall not be used in such a way so as to be deceptive, as that term may be defined in the rules and regulations promulgated by the commissioner."
Section 3. Said chapter is further amended by adding immediately following subsection (j) of Code Section 10-5-12, relating to unlawful practices, new subsections (k) and (I) to read as follows:
"(k) The provisions of subsections (h) and (i) of this Code section and paragraph (1) of subsection (j) of this Code section shall be applicable to any certified public accountant who holds himself out as a 'financial planner' or 'investment adviser.'
(I) All records relating to the preparation of financial plans and the giving of investment advice prepared and maintained by a certified public accountant who holds himself out as a 'financial planner' or 'investment adviser' are subject to reasonable examination by representatives of the commissioner, within or outside this state, as the commissioner deems necessary or appropriate to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order under this chapter. This provision shall not be construed to require, or authorize the commissioner to require, such certified public accountant to disclose the identity, investments, or affairs of any client of such certified public accountant, except insofar as such disclosure may

FRIDAY, FEBRUARY 9, 1990

927

be necessary or appropriate in a particular proceeding or investigation having as its object the enforcement of this chapter."
Section 4. Said chapter is further amended by striking subsections (b) and (e) of Code Section 10-5-14, relating to civil liability from sales of securities, in their entirety and inserting in lieu thereof new subsections (b) and (e) to read as follows:
"(b) Every contract between !! certified public accountant who holds himself out ~ !! 'financial planner' Q! an 'investment adviser' and an advisory client Q! between an investment adviser and an advisory client made in violation of any provision of this chapter and every such contract heretofore or hereafter made, the performance of which involves the violation of or continuance of any relationship or practice in violation of any provision of this chapter or any rule, regulation, or order thereunder, shall be void:
(1) As regards the rights of any person who, in violation of any such provision, rule, regulation, or order shall have made or engaged in the performance of any such contract; and
(2) As regards the rights of any person who, not being a party to such contract, shall have acquired any right thereunder with actual knowledge of the facts by reason of which the making or performance of such contract was in violation of any such provision. The advisory client who is a party to such a contract may sue to recover the consideration paid under such contract to such investment adviser or investment adviser representative, together with interest thereon at the annual rate of 6 percent from the date of payment of the consideration, plus costs and reasonable attorney's fees." "(e) With respect to the activities of!! certified public accountant who holds himself out ~ !! 'financial planner' Q! an 'investment adviser' Q! an investment adviser or investment adviser representative, no person may sue under this Code section more than two years from the date of the transaction upon which the suit is based."
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 ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1563. By Representatives Connell of the 87th, Richardson of the 52nd, Athon of the 57th, Buck of the 95th and Hooks of the 116th:
A bill to amend Code Section 43-26-34 of the Official Code of Georgia Annotated, relating to licensure for licensed practical nurses by endorsement, so as to change the conditions for the issuance of such licenses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

The following Resolution, favorably reported by the Committee on Health and Ecology, was read and adopted.

928

JOURNAL OF THE HOUSE,

HR 703. By Representatives Parrish of the 109th, Parham of the 105th, McDonald of the 12th, Lee of the 72nd, Murphy of the 18th and others:
A resolution expressing displeasure at consideration by the State Personnel Board of a plan to offer state employees a mail order prescription drug program.

The Speaker Pro Tern assumed the Chair.

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

HR 761. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and others:
A resolution commending James R. "Dick" Hunter and designating the Dick Hunter Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 98, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1137.

By Representative Richardson of the 52nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of continuing care providers and facilities; to provide for exemptions; to prohibit continuing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department.

The following Committee substitute was read and adopted:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of continuing care providers and facilities; to provide for exemptions; to prohibit continuing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department; to provide conditions for the approval or renewal of certificates of authority for providing continuing care or issuing continuing care agreements; to provide for surety bonds; to provide for annual statements; to provide for continuing care agreements; to provide for rescission of continuing care agreements and for deposit of funds; to require notices and the keeping of certain laws and statements for public inspection; to provide for conditions prior to transfer of money or property to a continuing care provider; to provide for cancellation of agreements and for refunds; to prohibit certain waivers; to provide for certain disclosures; to provide for criminal penalties and injunctive relief; to prohibit abatement of certain actions; to provide for damages and attorney's fees; to subject new, amended, or renewal agreements to regulation; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end a new chapter to read as follows:

FRIDAY, FEBRUARY 9, 1990

929

"CHAPTER 45
33-45-1. As used in this chapter, the term: (1) 'Continuing care' or 'care' means furnishing pursuant to an agreement shelter, food, and either nursing care or personal services, whether such nursing care or personal services are provided in the facility or in another setting designated by the agreement for continuing care, to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee. Other personal services provided shall be designated in the continuing care agreement. Agreements to provide continuing care include agreements to provide care for any duration, including agreements that are terminable by either party. (2) 'Entrance fee' means an initial or deferred payment of a sum of money or property made as full or partial payment to assure the resident a place in a facility. An accommodation fee, admission fee, or other fee of similar form and application shall be considered to be an entrance fee. (3) 'Facility' means a place in which it is undertaken to provide continuing care. (4) 'Licensed' means that the provider has obtained a certificate of authority from the department. (5) 'Personal services' means, but is not limited to, such services as: individual assistance with eating, bathing, grooming, dressing, ambulation, and housekeeping; supervision of self-administered medication; arrangement for or provision of social and leisure services; arrangement for appropriate medical, dental, nursing, or mental health services; and other similar services which the department may define. 'Personal services' shall not be construed to mean the provision of medical, nursing, dental, or mental health services by the staff of a facility. (6) 'Provider' means the owner or operator, whether a natural person, partnership, or other unincorporated association, however organized, trust, or corporation, of an institution, building, residence, or other place, whether operated for profit or not, which owner or operator undertakes to provide continuing care for a fixed or variable fee, or for any other remuneration of any type, whether fixed or variable, for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments. (7) 'Resident' means a purchaser of or a nominee of or a subscriber to a continuing care agreement. Such an agreement may not be construed to give the resident a part ownership of the facility in which the resident is to reside unless expressly provided for in the agreement. 33-45-2. Except as provided in this chapter, providers of continuing care facilities shall be governed by the provisions of this chapter and shall be exempt from all other provisions of this title. 33-45-3. Nothing in this title or chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance business other than that of continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the Department of Human Resources, the State Health Planning Agency, or any other regulatory body exercising authority over continuing care providers. 33-45-4. The administration of this chapter is vested in the department, which shall: (1) Prepare and furnish all forms necessary under the provisions of this chapter; (2) Collect in advance, and the applicant shall pay in advance, the following fees:
(A) At the time of filing an application for a certificate of authority, an application fee in the amount of $75.00 for each facility;
(B) At the time of renewal of a certificate of authority, a renewal fee in the amount of $75.00 for each year or part thereof for each facility where continuing care is provided; and
(C) A late fee in an amount equal to 50 percent of the renewal fee in effect on the last preceding regular renewal date. In addition to any other penalty that may be provided for under this chapter, the department may levy a fine not to exceed $50.00 a day for each day of noncompliance;

930

JOURNAL OF THE HOUSE,

(3) Adopt rules, within the standards of this chapter, necessary to effect the purposes of this chapter. Specific provisions in this chapter relating to any subject shall not preclude the department from adopting rules concerning such subject if such rules are within the standards and purposes of this chapter;
(4) Adopt rules, within the standards of this chapter, to set a bond conditioned upon compliance with the provisions of this chapter. The amount of the bond shall be not less than $10,000.00. The rules adopted by the department shall provide for consideration of the obligations, financial condition, amounts of debt, service provisions, and such other features as deemed pertinent and applicable to the determination of a sufficient bond amount.
(5) Impose administrative fines and penalties pursuant to this chapter. 33-45-5. No person may engage in the business of providing continuing care or issuing continuing care agreements in this state without a certificate of authority therefor obtained from the department as provided in this chapter. The application for approval or renewal of a certificate of authority shall be on such forms as provided by the department. The department shall issue such certificate of authority if the applicant pays the required fees and the continuing care agreement for the applicant meets the requirements of Code Section 33-45-7. The department shall renew a certificate of authority if the provider pays the required fees and furnishes the annual statements required by Code Section 33-45-6 and is otherwise not in violation of this chapter. 33-45-6. (a) Annually, on or before May 1, the provider shall file an annual statement and such other information and data showing its condition as of the last day of the preceding calendar year. If the department does not receive the required information on or before May 1, a late fee may be charged pursuant to Code Section 33-45-4. The department may approve an extension of up to 30 days. (b) The annual statement shall be in such form as the department prescribes and shall contain at least the following:
(1) Financial statements audited by an independent certified public accountant, which shall contain, for two or more fiscal years if the facility has been in existence that long, the following:
(A) An accountant's opinion and, in accordance with generally accepted accounting principles:
(i) A balance sheet; (ii) A statement of income and expenses; (iii) A statement of equity or fund balances; and (iv) A statement of changes in financial position; and (B) Notes to the financial statements considered customary or necessary for full disclosure or adequate understanding of the financial statements, financial condition, and operation; (2) The following financial information: (A) A schedule giving additional information relating to property, plant, and equipment having an original cost of at least $25,000.00 so as to show in reasonable detail with respect to each separate facility original costs, accumulated depreciation, net book value, appraised value or insurable value and date thereof, insurance coverage, encumbrances, and net equity of appraised or insured value over encumbrances. Any property not used in continuing care shall be shown separately from property used in continuing care; (B) The level of participation in medicare or Medicaid programs, or both; (C) A statement of all fees required of residents including, but not limited to, a statement of the entrance fee charged, the monthly service charges, the proposed application of the proceeds of the entrance fee by the provider, and the plan by which the amount of the entrance fee is determined if the entrance fee is not the same in all cases; and (D) Any change or increase in fees when the provider changes either the scope of, or the rates for, care or services, regardless of whether the change involves the basic rate or only those services available at additional costs to the resident; (3) If the provider is an individual, the annual statement shall be sworn to by the individual; if a limited partnership, by the general partner; if a partnership other than

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a limited partnership, by all the partners; if any other unincorporated association, by all its members or officers and directors; if a trust, by all its trustees and officers; and, if a corporation, by the president and secretary thereof. 33-45-7. (a) In addition to other provisions considered proper to effectuate any continuing care agreement, addendum, or amendment each such agreement, addendum, or amendment shall be in writing and shall:
(1) Provide for the continuing care of only one resident, or for two persons occupying space designed for double occupancy under appropriate regulations established by the provider, and shall list all properties transferred and their market value at the time of transfer, including donations, subscriptions, fees, and any other amounts paid or payable by, or on behalf of, the resident or residents;
(2) Specify all services which are to be provided by the provider to each resident, including, in detail, all items which each resident will receive, whether the items will be provided for a designated time period or for life, and whether the services will be available on the premises or at another specified location. The provider shall indicate which services or items are included in the agreement for continuing care and which services or items are made available at or by the facility at extra charge. Such items shall include, but are not limited to, food, shelter, personal services or nursing care, drugs, burial, and incidentals;
(3) Describe the terms and conditions under which an agreement for continuing care may be canceled by the provider or by a resident and the conditions, if any, under which all or any portion of the entrance fee will be refunded in the event of cancellation of the agreement by the provider or by the resident, including the effect of any change in the health or financial condition of a person between the date of entering an agreement for continuing care and the date of initial occupancy of a living unit by that person;
(4) Describe the health and financial conditions required for a person to be accepted as a resident and to continue as a resident, once accepted, including the effect of any change in the health or financial condition of a person between the date of entering into a continuing care agreement and the date of taking occupancy in a living unit;
(5) Describe the circumstances under which the resident will be permitted to remain in the facility in the event of financial difficulties of the resident;
(6) State the fees that will be charged if the resident marries while at the designated facility, the terms concerning the entry of a spouse to the facility, and the consequences if the spouse does not meet the requirements for entry;
(7) Provide that the agreement may be canceled upon the giving of written notice of cancellation of at least 30 days by the provider, the resident, or the person who provided the transfer of property or funds for the care of such resident; provided, however, if an agreement is canceled because there has been a good faith determination that a resident is a danger to that resident or to others, only such notice as is reasonable under the circumstances shall be required. The agreement shall further provide in clear and understandable language, in print no smaller than the largest type used in the body of the agreement, the terms governing the refund of any portion of the entrance fee, which terms shall include a provision that all refunds be made within 120 days of notification. For a resident whose agreement with the facility provides that the resident does not receive a transferable membership or ownership right in the facility and who has occupied his unit, the refund shall be calculated on a pro rata basis with the facility retaining no more than 2 percent per month of occupancy by the resident and no more than a 4 percent fee for processing. Such refund shall be paid no later than 120 days after the giving of notice of intention to cancel. Alternatively, if the contract provides for the facility to retain no more than 1 percent per month of occupancy by the resident, it may provide that such refund will be payable upon receipt by the provider of the next entrance fee for any comparable unit upon which there is no prior claim by any resident. Unless the provisions of subsection (e) of this Code section apply, for any prospective resident, regardless of whether or not such a resident receives a transferable membership or ownership right in the facility,

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who cancels the agreement prior to occupancy of the unit the refund shall be the entire amount paid toward the entrance fee, less a processing fee not to exceed 4 percent of the entire entrance fee, but in no event shall such processing fee exceed the amount paid by the prospective resident. Such refund shall be paid no later than 60 days after the giving of notice of intention to cancel. For a resident who has occupied his unit and who has received a transferable membership or ownership right in the facility, the foregoing refund provisions shall not apply but shall be deemed satisfied by the acquisition or receipt of a transferable membership or an ownership right in the facility. The provider shall not charge any fee for the transfer of membership or sale of an ownership right;
(8) State the terms under which an agreement is canceled by the death of the resident. These terms may contain a provision that, upon the death of a resident, the entrance fee of such resident shall be considered earned and shall become the property of the provider. When the unit is shared, the conditions with respect to the effect of the death or removal of one of the residents shall be included in the agreement;
(9) Describe the policies which may lead to changes in monthly recurring and nonrecurring charges or fees for goods and services received. The agreement shall provide for advance notice to the resident, of not less than 60 days, before any change in fees or charges or the scope of care or services may be effective, except for changes required by state or federal assistance programs;
(10) Provide that charges for care paid in one lump sum shall not be increased or changed during the duration of the agreed upon care, except for changes required by state or federal assistance programs;
(11) Specify whether or not the facility is, or is affiliated with, a religious, nonprofit, or proprietary organization or management entity, the extent to which the affiliate organization will be responsible for the financial and contractual obligations of the provider, and the provisions of the federal Internal Revenue Code, if any, under which the provider or affiliate is exempt from the payment of federal income tax; and
(12) Describe the policy of the provider regarding reserve funding. (b) A resident has the right to rescind a continuing care agreement, without penalty or forfeiture, within seven days after executing the agreement. During the seven-day period, the resident's funds shall be retained in a separate escrow account under terms approved by the department. A resident shall not be required to move into the facility designated in the agreement before the expiration of the seven-day period. (c) The agreement shall include or shall be accompanied by a statement, printed in boldface type, which reads: 'This facility and all other continuing care facilities in this state are regulated by Chapter 45 of Title 33 of the Official Code of Georgia Annotated. A copy of the law is on file in this facility. The law gives you or your legal representative the right to inspect our most recent annual statement before signing the agreement.'
(d) Before the transfer of any money or other property to a provider by or on behalf of a prospective resident, the provider shall present a typewritten or printed copy of the agreement to the prospective resident and all other parties to the agreement. The provider shall secure a signed, dated statement from each party to the contract certifying that a copy of the agreement with the specified attachment as required pursuant to this chapter was received.
(e) If a resident dies before occupying the facility or, through illness, injury, or incapacity, is precluded from becoming a resident under the terms of the continuing care agreement, the agreement is automatically canceled, and the resident or his legal representative shall receive a full refund of all moneys paid to the facility, except those costs specifically incurred by the facility at the request of the resident and set forth in writing in a separate addendum, signed by both parties, to the agreement.
(f) In order to comply with this Code section, a provider may furnish information not contained in the continuing care agreement through an addendum.
33-45-8. No act, agreement, or statement of any resident, or of an individual purchasing care for a resident, under any agreement to furnish care to the resident shall constitute a valid waiver of any provision of this chapter intended for the benefit or protection of the resident or the individual purchasing care for the resident.

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33-45-9. (a) Each facility shall maintain as public information, available upon request, all annual statements that have been filed with the department.
(b) Each facility shall post in a prominent position in the facility so as to be accessible to all residents and to the general public a summary of the latest annual statement, indicating in the summary where the full annual statement may be inspected in the facility. A listing of any proposed changes in policies, programs, and services shall also be posted.
(c) Before entering into an agreement to furnish continuing care, the provider undertaking to furnish the care, or the agent of the provider, shall make full disclosure and provide copies to the prospective resident, or his legal representative, of the agreement to furnish continuing care.
33-45-10. (a) Any person who knowingly maintains, enters into, performs, or, as manager or officer or in any other administrative capacity, assists in entering into, maintaining, or performing any continuing care agreement subject to this chapter without a valid certificate of authority or renewal thereof, as contemplated by or provided in this chapter, or who otherwise violates any provision of this chapter or rule adopted under this chapter, is guilty of a misdemeanor. Each violation of this chapter constitutes a separate offense.
(b) The department may bring an action to enjoin a violation, threatened violation, or continued violation of this chapter in the superior court of the county in which the violation occurred, is occurring, or is about to occur.
(c) Any action brought by the department against a provider shall not abate by reason of a sale or other transfer of ownership of the facility used to provide care, which provider is a party to the action, except with the express written consent of the Commissioner of Insurance.
33-45-11. Any resident injured by a violation of this chapter may bring an action for the recovery of damages plus reasonable attorney's fees.
33-45-12. Any contract or agreement for continuing care executed before July 1, 1991, which is amended or renewed subsequent to July 1, 1991, and any contract or agreement for continuing care executed on or after July 1, 1991, is subject to this chapter."
Section 2. This Act shall become effective on January 1, 1991, only for purposes of promulgating rules and forms required thereby. For all other purposes, this Act shall become effective July 1, 1991.
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 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1520. By Representatives Murphy of the 18th, Mangum of the 57th and Hamilton of the 124th:
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 expressly that the Board of Regents of the University System of Georgia and the State Board of Education and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Education and the Board of Regents of the University System of Georgia.

The following Committee substitute was read:

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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 expressly that the State Board of Education and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Education; to require rules of the State Board of Education and Department of Education to comply with the Act by October 1, 1990; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," is amended by striking paragraph (1) of Code Section 50-13-2, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Revenue when conducting hearings on the denial, suspension, or cancellation of licenses relating to alcoholic beverages; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs
of this state. The term 'agency' shall include the State Board Qf Education and Department Qf Education, subject !Q the following qualifications:
(A) Subject !Q the limitations Qf subparagraph _@)_ Qf this paragraph, all otherwise valid rules adopted Qy the State Board Qf Education and Department Qf Education prior !Q January L 1990, are ratified and validated and shall be effective until October L 1990, whether Q! not such rules were adopted !!! compliance with the requirements Qf this chapter; and
(B) Effective October L 1990, !!!!_Y rule Qf the State Board Qf Education Q!_ Department Qf Education which has not been proposed, submitted, and adopted !!! accordance with the requirements Qf this chapter shall be void and Qf no effect."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of this Act are intended as curative and are intended to operate retrospectively except to the extent that such retrospective operation is expressly prohibited by the Constitution of Georgia or the United States Constitution.
Section 3. In the event any section, subsection, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this Act, which shall remain of full force and effect as if such portions so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have enacted the remaining parts of this Act if it had known that such portions hereof would be declared or adjudged invalid or unconstitutional.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Orr of the 9th moves to amend the Committee substitute to HB 1520 as follows:

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935

By renumbering Section 4 on page 3 as Section 5 and inserting a new Section 4 on page 3 as follows:
"This enactment is not intended to affect or apply to any litigation pending as of the date of its becoming law."

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 95, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1601. By Representative Lane of the 27th:
A bill to amend Chapter 43 of Title 36 of the Official Code of Georgia Annotated, relating to city business improvement districts, so as to authorize the assessment and collection of surcharges on business license fees and occupation taxes to fund supplemental services provided within a 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 92, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1555. By Representatives Jackson of the 9th, Barnett of the lOth and Harris of the 84th:
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 create a new Article 28 to be entitled "Motor Vehicle Warranty Rights Act"; to provide for intent; to provide for definitions; to provide for duties of motor vehicle dealers and manufacturers.

The following Committee substitute was read and adopted:

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 create a new Article 28 to be entitled "Motor Vehicle Warranty Rights Act"; to provide for intent; to provide for definitions; to provide for duties of motor vehicle dealers and manufacturers; to provide for repair or replacement of nonconforming motor vehicles; to provide for resale of nonconforming vehicles; to provide for motor vehicle arbitration panels; to provide for rules and regulations; to provide for procedures; to provide for appeals; to provide for the motor vehicle arbitration account; to provide for enforcement and penalties; to provide for nonwaiver of rights; to provide for appeal from informal dispute resolution programs; to provide for the appointment, qualifications, and compensation of panel members; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, related to selling and other trade practices, is amended by adding at the end thereof a new article 28 to read as follows:

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"ARTICLE 28
10-1-780. This article shall be known and may be cited as the 'Motor Vehicle Warranty Rights Act.'
10-1-'i781. The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defective motor vehicle is likely to create hardship for, or may cause injury to, the consumer. It is the intent of the General Assembly to ensure that the consumer is made aware of his or her rights under this article. In enacting these comprehensive measures, it is the intent of the General Assembly to create the proper blend of private and public remedies necessary to enforce this article.
10-1-782. Unless the context clearly requires otherwise, the definitions in this Code section apply throughout this article. As used in this article, the term:
(1) 'Administrator' means the administrator appointed pursuant to Code Section 10-1-395.
(2) 'Collateral charges' means those additional charges to a consumer or lessor wholly incurred as a result of the acquisition purchase of the motor vehicle. For the purposes of this article, collateral charges include but are not limited to, manufacturer installed or dealer installed items or service charges, earned finance charges incurred by a consumer in the case of a purchase and by the lessor in the case of a lease, sales tax, and title charges.
(3) 'Consumer' means any person who has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle primarily for personal, family, or household purposes, regardless of how the documents characterize the transaction. The term shall also mean and include any sole proprietorship, partnership, or corporation which is a commercial owner or lessee of no more than three new motor vehicles and which has ten or fewer employees and a net income after taxes of $100,000.00 per annum or less for federal income tax purposes. For the limited purpose of enforcing the rights granted under this article, the term 'consumer' will also include any person or entity regularly engaged in the business of leasing new motor vehicles to consumers.
(4) 'Court' means the Superior Court in the county where the consumer resides, except if the consumer does not reside in this state, then the Superior Court in the county where an arbitration hearing or determination was conducted or made pursuant to this article.
(5) 'Distributor' means a person or entity holding a distribution agreement with a manufacturer for the distribution of new motor vehicles to new motor vehicle dealers or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such distribution, who is not responsible to the manufacturer for honoring the manufacturer's express warranty, and who does not issue an express warranty to consumers.
(6) 'Express warranty' means a warranty which is given by the manufacturer in writing.
(7) 'Incidental costs' means any reasonable expenses incurred by the consumer in connection with the repair of the new motor vehicle, including but not limited to payments to dealers for attempted repairs of nonconformities, towing charges, and the costs of obtaining alternative transportation.
(8) 'Informal Dispute Resolution Settlement Mechanism' means any procedure established, employed, utilized, or run by a manufacturer for the purpose of resolving disputes with consumers regarding any warranty.
(9) 'Lemon Law Rights Period' means the period ending one year after the date of the original delivery of a new motor vehicle to a consumer or the first 12,000 miles of operation after delivery of a new motor vehicle to a consumer, whichever occurs first.
(10) 'Manufacturer' means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing new motor vehicles into the United States for the purpose of selling or distributing new motor vehicles to new motor vehicle dealers.

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(11) 'New motor vehicle' means any self-propelled vehicle, primarily designed for the transportation of persons or property over the public highways, that was leased or purchased in this state or registered by the original consumer in this state and on which the original motor vehicle title was issued to the lessor or purchaser without having been previously issued to any person other than the selling dealer. If the motor vehicle is a motor home, this article shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as a mobile dwelling, office, or commercial space. The term 'new motor vehicle' does not include motorcycles or trucks with ten thousand pounds or more gross vehicle weight rating. The term 'new motor vehicle' shall not include any vehicle on which the title and other transfer documents show a used, rather than new, vehicle. The term 'new motor vehicle' includes a demonstrator or lease-purchase, as long as a manufacturer's warranty was issued as a condition of sale, unless specifically excluded under this definition.
(12) 'New motor vehicle dealer' means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, leasing, distributing, or dealing in new motor vehicles, or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. For the purposes of subsection (d) of Code Section 10-1-784, concerning private civil actions for violations of this article, the term 'new motor vehicle dealer' shall include any person or entity regularly engaged in the business of leasing new motor vehicles to consumers.
(13) 'Nonconformity' means a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of a new motor vehicle to the consumer, but does not include a defect or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle.
(14) 'Panel' means a new motor vehicle arbitration panel as designated in Code Sections 10-1-786 and 10-1-794.
(15) 'Purchase price' means in the case of a sale of a new motor vehicle to a consumer the cash price of the new motor vehicle appearing in the sales agreement, contract, or leasing agreement, including any reasonable allowance for a trade-in vehicle. In determining whether the trade-in allowance was reasonable, the panel may take into account whether the purchase price of the vehicle was at fair market value or not and make appropriate adjustments to ensure that the consumer is made whole but not unjustly enriched. In the case of a consumer lease of a new motor vehicle, 'purchase price' means the cash price paid by the lesssor to a dealer or distributor to purchase the new motor vehicle.
(16) 'Reasonable offset for use' means an amount directly attributable to use by the consumer before the consumer requests repurchase or replacement by the manufacturer pursuant to Code Section 10-1-784. The reasonable offset for use shall be computed by the number of miles that the vehicle traveled before the consumer's request of repurchase or replacement multiplied by the purchase price, and divided by 100,000.
(17) 'Reasonable number of attempts' under the lemon law rights period means the definition as provided in Code Section 10-1-784.
(18) 'Replacement motor vehicle' means a new motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of purchase or lease.
(19) 'Serious safety defect' means a life-threatening malfunction or nonconformity. (20) 'Substantially impair' means to render the new motor vehicle unreliable, or unsafe for ordinary use, or to diminish the resale value of the new motor vehicle more than a meaningful amount below the average resale value for comparable motor vehicles. (21) 'Warranty' means any express written warranty of the manufacturer, but shall not include any extended coverage purchased by the consumer as a separate item. 10-1-783. (a) Each new motor vehicle dealer shall provide an owner's manual which shall be published by the manufacturer and include a list of the addresses and phone

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numbers at which consumers may, at no cost, contact the manufacturer's customer service personnel who are authorized to direct activities regarding repair of the consumer's vehicle.
(b) At the time of purchase, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer's rights under this article. The statement shall be written by the administrator and shall contain information regarding the procedures and remedies under this article.
(c) For the purposes of this article, if a new motor vehicle has a nonconformity and the consumer reports the nonconformity during the lemon law rights period to the manufacturer, its agent, or the new motor vehicle dealer who sold the new motor vehicle, the vehicle shall be repaired at the manufacturer's expense to correct the nonconformity regardless of whether such repairs are made after the expiration of the lemon law rights period. If in any subsequent proceeding under this article it is determined that the consumer's repair did not qualify under this article, and the manufacturer was not otherwise obligated to repair the vehicle, the consumer shall be liable to the manufacturer for the costs of the repair.
(d) Upon request from the consumer, the manufacturer or new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer's field or zone representative regarding inspection, diagnosis, or test-drive of the consumer's new motor vehicle.
(e) Each time the consumer's vehicle is returned from being diagnosed or repaired under the lemon law rights period or under a warranty, the new motor vehicle dealer shall provide to the consumer a fully itemized, legible statement or repair order indicating any diagnosis made, and all work performed on the vehicle, including but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the vehicle was submitted for repair, and the date when the vehicle was made available to the consumer.
(f) No manufacturer, its agent, or new motor vehicle dealer may refuse to diagnose or repair any nonconformity for the purpose of avoiding liability under this article.
(g) The lemon law rights period and 30 day out-of-service period shall be extended by any time that repair services are not available to the consumer as a direct result of a strike, war, invasion, fire, flood, or other natural disaster.
10-1-784. (a) (1). If the manufacturer, its agent, or the new motor vehicle dealer is unable to repair or correct any nonconformity in a new motor vehicle after a reasonable number of attempts, the consumer shall notify the manufacturer by certified mail, return receipt requested at the address provided by the manufacturer. The manufacturer shall, within seven days after receipt of such notification, notify the consumer of a reasonably accessible repair facility and after delivery of the vehicle to the designated repair facility by the consumer, the manufacturer shall, within 14 days, conform the motor vehicle to the warranty. If the manufacturer is unable to repair or correct any nonconformity of the new motor vehicle, the manufacturer shall, within 30 days of the consumer's written request, by certified mail, return receipt requested, at the option of the consumer, or the lessor in the event of a leased motor vehicle, replace or repurchase the new motor vehicle. If the manufacturer fails to notify the consumer of a reasonably accessible repair facility or perform the repairs within the time periods prescribed in this subsection, the requirement that the manufacturer be given a final attempt to cure the nonconformity does not apply.
(2) If a lessor elects replacement, the contractual obligation, except for those terms of the agreement which identify the vehicle, between the lessor and the consumer shall not be altered. If a lessor elects repurchase, it shall return to the consumer a sum equal to the allowance for any trade-in, and down payment or initial balloon payment, made by the consumer, and all future obligations of the consumer to the lessor shall cease. In the event a lessor elects to require the manufacturer to repurchase a leased vehicle, the consumer will remain liable for all lease obligations arising prior to the date that the lessor elects such replacement, but will have no future obligations under the lease, and will be liable for no penalty for early termination. A lessor must elect

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939

either a repurchase or replacement within 30 days of receiving written notice from the consumer that such an election is desired; if the lessor fails to make such an election within the 30 days, the consumer may make the election to repurchase or replace and the lessor shall be bound by the consumer's election.
(3) The replacement motor vehicle shall be identical or reasonably equivalent to the motor vehicle to be replaced. Such replacement shall include payment of all collateral charges which the consumer or lessor will incur a second time which would not have been incurred again except for the replacement, and any and all incidental costs incurred by the consumer or lessor. In the case of a replacement motor vehicle, the reasonable offset for use shall be paid by the consumer to the manufacturer. Compensation for a reasonable offset for use shall be paid by the consumer to the manufacturer in the event that a replacement motor vehicle is elected. In the case of a lease where the consumer either has no option to purchase the motor vehicle at the end of the lease term, or the consumer has an option to purchase the motor vehicle at the end of the lease term but does not exercise the option, the lessor shall refund to the consumer the lesser of (A) the offset for use paid by the consumer to the manufacturer at the time of delivery of the replacement vehicle, or (B) the gain realized by the lessor by reason of the difference, if any, between the anticipated residual value of the original motor vehicle as determined at the inception of the lease and the realized value of the replacement motor vehicle at the end of the lease. If the lessor does not realize any gain from the disposition of the replacement vehicle, there will be no refund due to the consumer from the lessor. The foregoing rules apply only to leases where the consumer performs all of the consumer's obligations under the lease agreement and the lease terminates upon the scheduled expiration of the lease term as set forth in the lease agreement or any mutually agreed upon extension of the lease term. The administrator may provide by rule under Chapter 13 of Title 50, the 'Administrative Procedure Act,' for determining the manner of calculating the amount of any further charges or refunds that may apply in the case of leases terminated prematurely either by the voluntary election of the parties, or involuntarily by the lessor in the event of the lessee's default, the loss or destruction of the vehicle, or for any other reason.
(4) When repurchasing the new motor vehicle, the manufacturer shall refund to the consumer all collateral charges and incidental costs. In the event of a repurchase, purchase price refunds shall be made to the consumer and lienholder of record, if any, as his or her interests may appear, less a reasonable offset for use. In the event of a lease, purchase price refunds shall be made to the lessor, less a reasonable offset for use. If it is determined that the lessee is entitled to a refund, the consumer's lease agreement with the lessor shall be terminated upon payment of the refund and no penalty for early termination shall be assessed. (b) A reasonable number of attempts shall be presumed as a matter of law to have been undertaken by the manufacturer, its agent, or the new motor vehicle dealer to repair or correct any nonconformity of a new motor vehicle, if: (1) a serious safety defect in the braking or steering system has been subject to repair at least once during the lemon law rights period and has not been corrected; (2) during any period of 24 months or less, or during any period in which the vehicle has been driven 24,000 miles or less, whichever occurs first, any other serious safety defect has been subject to repair two or more times, at least one of which is during the lemon law rights period, and the nonconformity continues to exist; (3) during any period of 24 months or less or during any period in which the vehicle has been driven 24,000 miles or less, whichever occurs first, the same nonconformity has been subject to repair, three or more times, at least one of which is during the lemon law rights period, and the nonconformity continues to exist; or (4) during any period of 24 months or less or during any period in which the vehicle has been driven 24,000 miles or less, whichever occurs first, the vehicle is out of service by reason of repair of one or more nonconformities for a cumulative total of 30 calendar days, at least 15 of them during the lemon law rights period. If less than 15 days remain under the lemon law rights period when the new motor vehicle is first brought in for diagnosis or repair, the lemon law rights period as regards the problem to be diagnosed or repaired shall be extended for a period of 90 days.

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(c) For purposes of this article, the lemon law rights period regarding nonconformities on all new motor vehicles sold in this state shall be for 12 months following the purchase of the vehicle or for 12,000 miles following the purchase of the vehicle, whichever occurs first.
(d) This article shall not create and shall not give rise to any cause of action against and shall not impose any liability upon any new motor vehicle dealer or distributor except as provided in this Code subsection. No new motor vehicle dealer or distributor shall be held liable by the manufacturer or by the consumer for any collateral charges, damages, costs, purchase price refunds, or vehicle replacements, and manufacturers and consumers shall not have a cause of action against a new motor vehicle dealer or distributor under this article. A violation of any duty or responsibility imposed upon a new motor vehicle dealer or distributor under this article shall constitute a per se violation of Code Section 10-1-393; provided, however, that enforcement against such violations shall be by public enforcement by the administrator and shall not be enforceable through private enforcement under the provisions of Code Section 10-1-399, except that a knowing violation of Code Section 10-1-785 shall be enforceable through private enforcement under the provisions of Code Section 10-1-399. The provisions of Code Section 11-2-602 through Code Section 11-2-609 shall not apply to the sale of a new motor vehicle if the consumer seeks to use the remedies provided for in this article. A consumer shall be deemed to have used the remedies provided for in this article when he or she completes, signs, and returns forms prescribed by the administrator for the submission of disputes to an informal dispute resolution settlement mechanism or to a panel, whichever occurs first. Such forms shall contain a conspicuous statement clearly advising the consumer of the rights the consumer is waiving by participating in the procedures under this article. A consumer may not use the remedies provided for in this article if the consumer has already sought to use the remedies provided for in Code Section 11-2-602 through Code Section 11-2-609, unless the nonconformity did not exist or was not known at the time of using the remedies provided for in such Code sections. Manufacturers and consumers may not make new motor vehicle dealers or distributors parties to arbitration panel proceedings or any other proceedings under this article. The provisions of this article shall not impair any obligation under any manufacturer-dealer franchise agreement or manufacturer-distributor agreement; provided, however, that any provision of any manufacturer-dealer franchise agreement or manufacturer-distributor agreement which attempts to shift any duty, obligation, responsibility, or liability imposed upon a manufacturer by this article to a new motor vehicle dealer or distributor, either directly or indirectly, shall be void and unenforceable, except for any liability imposed upon a manufacturer by this article, which is directly caused by the gross negligence of the dealer in attempting to repair the motor vehicle after such gross negligence has been determined by the hearing officer, as provided in Article 22 of Chapter 1 of Title 10, the 'Georgia Motor Vehicle Franchise Practices Act.'
10-1-785. (a) No manufacturer or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer, except to sell for scrap, any motor vehicle which has been determined to have a serious safety defect by reason of a determination, adjudication, or settlement decision pursuant to this article or similar statute of any other state, unless the serious safety defect has been corrected; the manufacturer warrants in writing upon the resale, transfer, or lease that the defect has been corrected; and the transferor provides the manufacturer's written warranty under this Code section to the consumer.
(b) After replacement or repurchase pursuant to this article of a motor vehicle with a nonconformity, other than a serious safety defect, which has not been corrected, the manufacturer shall notify the administrator, by certified mail, upon receipt of the manufacturer's motor vehicle. If such nonconformity is corrected, the manufacturer shall notify the administrator in the same manner of such correction. If the two events described in this subsection occur within 30 days of one another, both notices may be combined into the same notice.
(c) Upon the resale, either at wholesale or retail, lease, transfer of title, or other
transfer of a motor vehicle with a nonconformity, other than a serious safety defect,

FRIDAY, FEBRUARY 9, 1990

941

which has not been corrected and which was previously returned after a final determination, adjudication, or settlement under this article or under a similar statute of any other state, the manufacturer shall execute and deliver to the transferee before transfer to a consumer an instrument in writing setting forth information identifying the nonconformity in a manner to be specified by the administrator; the transferor shall deliver the instrument to the consumer before transfer.
(d) Upon the resale, either at wholesale or retail, lease, transfer of title or other transfer of a motor vehicle found to have a nonconformity under this article which has been corrected, the manufacturer shall warrant in writing on forms prescribed by the administrator upon the transfer that the nonconformity has been corrected, and the manufacturer, its agent, the new motor vehicle dealer, or other transferor shall execute and deliver to the transferee before transfer an instrument in writing setting forth information identifying the nonconformity and indicating in a manner to be specified by the administrator that it has been corrected and providing an express manufacturer's warranty on the vehicle regarding the nonconformity for 12 months or 12,000 miles, whichever occurs first.
(e) For purposes of this Code section, the term 'settlement' includes an agreement entered into between the manufacturer and the consumer that occurs after the dispute has been submitted to an informal dispute resolution settlement mechanism or has been deemed eligible by the administrator for arbitration before a panel.
10-1-786. (a) As provided in Code Section 10-1-794, the administrator may establish a new motor vehicle arbitration panel or panels to settle disputes between consumers and manufacturers as provided in this article. The panels shall not be affiliated with any manufacturer or new motor vehicle dealer and shall have available the services of persons with automotive technical expertise to assist in resolving disputes under this article.
(b) The administrator may adopt rules under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the uniform conduct of arbitrations by panels and by informal dispute resolution settlement mechanisms under this article, which rules may include, but not be limited to, the following:
(1) Procedures regarding presentation of oral and written testimony, witnesses and evidence relevant to the dispute, cross-examination of witnesses, and representation by counsel. The administrator shall provide by rule for oral hearings, when appropriate, in panel or informal dispute resolution settlement mechanism proceedings.
(2) Procedures for production of records and documents requested by a party which the panel finds are reasonably related to the dispute.
(3) Procedures for issuance of subpoenas on behalf of the panel by the administrator, which shall be enforced by the superior courts as in Code Section 10-1-398.
(4) Procedures regarding written affidavits from employees and agents of a dealer, a manufacturer, any party, or from other potential witnesses, and the consideration of such affidavits by a panel.
(5) Records of panel proceedings and hearings shall be open to the public. (c) A consumer shall exhaust any certified informal dispute resolution settlement procedure under Code Section 10-1-793 and the new motor vehicle arbitration panel remedy before filing any superior court action pursuant to Code Section 10-1-788.
(d) The administrator may adopt rules under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to implement this article. Such rules may include uni-
form standards by which the panel and any informal dispute resolution settlement
mechanism under Code Section 10-1-743 shall make determinations under this article, including but not limited to rules which may provide for:
(1) Determining that a nonconformity exists; (2) Determining that a reasonable number of attempts to. repair a nonconformity
have been undertaken; or (3) Determining that a manufacturer has failed to comply with Code Section
10-1-784. 10-1-787. (a) A consumer shall request arbitration under this article by submitting
a request in writing to the administrator. Except as otherwise provided in this article,

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disputes under the lemon law rights period shall be eligible for arbitration. The administrator shall make a reasonable determination of the eligibility of the request for arbitration and may provide necessary information to the consumer regarding the consumer's rights and remedies under this article. The administrator may adopt rules under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' regarding the eligibility of requests for arbitration. The administrator shall assign a dispute he deems eligible to a panel.
(b) Manufacturers shall submit to arbitration under this article if the consumer's dispute is deemed eligible for arbitration by the administrator and by the panel.
(c) The new motor vehicle arbitration panel may reject for arbitration any dispute that it determines to be frivolous, fraudulent, filed in bad faith, res judicata, or beyond its authority. Any dispute deemed by the panel to be ineligible for arbitration due to insufficient evidence may be reconsidered by the panel upon the submission of other information or documents regarding the dispute that would allegedly qualify for relief under this article. Following a second review, the panel may reject the dispute for arbitration if evidence is still clearly insufficient to qualify the dispute for relief under this article. The administrator may adopt rules under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' governing rejection of disputes by a panel. A decision to reject any dispute for arbitration shall be sent by certified mail, return receipt requested, to the consumer and the manufacturer.
(d) An arbitration panel shall award the remedies under Code Section 10-1-784 if it finds a nonconformity and that a reasonable number of attempts have been undertaken to correct the nonconformity. The panel may in its discretion award attorney's fees and technical or expert witness costs to a consumer.
(e) It is an affirmative defense to any claim under this article that: (1) the alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle to the consumer; or (2) the alleged nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the new motor vehicle.
(0 The panel's decision shall be sent by certified mail, return receipt requested, to the consumer. The consumer must reject the decision in writing by certified mail, return receipt requested, addressed to the panel within 30 days of receipt of the panel's decision, or he or she shall be deemed to have accepted the panel's decision. The panel shall immediately notify the manufacturer by certified mail, return receipt requested, whether the consumer has accepted, rejected, or has been deemed to have accepted.
(g) Upon receipt of the panel's notice, the manufacturer shall have 40 calendar days to comply with the arbitration panel decision or to file a petition of appeal in superior court. At the time the petition of appeal is filed, the manufacturer shall send, by certified mail, a conformed copy of such petition to the administrator.
(h) If, at the end of the 40 calendar day period, neither compliance with, nor a petition to appeal the panel's decision has occurred, the administrator may impose a fine of up to $1,000.00 per day until compliance occurs or until a maximum penalty of double the value of the vehicle or $100,000.00, whichever is less, accrues. If the manufacturer can provide clear and convincing evidence either that any delay or failure was beyond its control, or that any delay was acceptable to the consumer, the fine shall not be imposed. If the manufacturer fails to provide such evidence or fails to pay the fine, the administrator may initiate proceedings against the manufacturer for failure to pay any accrued fine and may initiate proceedings on behalf of the state to require specific performance of an arbitration decision under this article. The administrator shall deposit any fines in the state treasury.
10-1-788. (a) After the manufacturer has received notice of the consumer's acceptance or rejection, the consumer or the manufacturer shall have 40 days to request a trial de novo of the arbitration decision in superior court.
(b) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer's financial loss due to the passage of time for review.
(c) If the manufacturer appeals and the consumer prevails, recovery may include the monetary value of the award, collateral charges, continuing incidental costs, if any, and attorney's fees and costs.

FRIDAY, FEBRUARY 9, 1990

943

10-1-789. (a) Effective July 1, 1990, a fee of $3.00 shall be collected by the new motor vehicle dealer from the consumer at completion of a sale or a lease of each new motor vehicle. The fee shall be forwarded quarterly to the Office of Planning and Budget for deposit in the new motor vehicle arbitration account created in the state treasury. The first quarterly payments are due and payble on October 1, 1990, and shall be mailed by the dealer not later than October 10; thereafter, all payments are due and payable the first of the month in each quarter and shall be mailed by the dealer not later than the tenth day of such month. Moneys in the account shall be used for the purposes of this article, subject to appropriation. Funds in the new motor vehicle arbitration account shall be transferred to the general treasury at the end of each fiscal year. One dollar of each fee collected shall be retained by the dealer to cover administrative costs.
(b) At the end of each fiscal year, the administrator shall prepare a report listing the annual revenue generated and the expenses incurred in implementing and operating the arbitration program under this chapter. The Office of Planning and Budget shall provide the administrator with the figures regarding revenue generated.
10-1-790. A violation of this article, or any failure of any person, including a manufacturer or its agents, to honor any express warranty, automotive or otherwise, issued by that person, regardless of whether or not such warranty was purchased as a separate item by the consumer, regardless of whether or not any dispute under the warranty is deemed eligible for arbitration under this article, shall constitute an unfair and deceptive act or practice and a consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10. In determining whether there is an unfair and deceptive act or practice under this Code section, the principles in this article regarding a reasonable number of attempts may serve as guidelines. All public and private remedies provided under Part 2 of Article 15 of Chapter 1 of Title 10 shall be available to enforce this article, subject to the affirmative defenses provided in Code Section 10-1-787, and except as provided in Code Section 10-1-784.
10-1-791. Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in this article shall be void as contrary to public policy. Said rights shall extend to a subsequent transferee of a new motor vehicle.
10-1-792. Nothing in this article shall limit anyone from pursuing other rights or remedies under any other law, except as otherwise provided in this article.
10-1-793. (a) If a manufacturer has established an informal dispute resolution settlement mechanism in this state and is operating in accordance with rules promulgated by the administrator under this article, and the administrator has certified that the informal dispute resolution settlement procedure complies with and is operating in accordance with such rules, a consumer must submit a dispute under this article to the informal dispute resolution settlement procedure before submitting it to the new motor vehicle arbitration panel. The administrator may adopt rules consistent with this article under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' regarding the informal dispute resolution settlement mechanisms, including but not limited to the composition, function, training, procedures, and conduct of informal dispute resolution settlement mechanisms, and including eligibility requirements and procedures for appeals to a panel. Such rules must be complied with prior to certification.
(b) Informal dispute resolution settlement mechanisms shall take into account the principles contained in this article and in any rules promulgated thereunder, and shall take into account all legal and equitable factors germane to a fair and just decision. A decision shall include any remedies appropriate under the circumstances, including repair, replacement, refund, reimbursement for collateral and incidental charges, and compensation for loss of value. For purposes of this Code section, the phrase: 'Take into account the principles contained in this article' means to be aware of the provisions of this article, to understand how they might apply to the circumstances of the particular dispute, and to apply them if it is appropriate and fair to both parties to do so.
(c) At any time the administrator has reason to believe that a certified informal dispute resolution settlement mechanism is not acting in conformity with this article or

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JOURNAL OF THE HOUSE,

with rules promulgated thereunder, he may initiate proceedings under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to revoke the certification of the informal dispute resolution settlement mechanism. An informal dispute resolution settlement mechanism shall keep such records as prescribed by the administrator in rules under this article, and shall submit without notice to inspection and copying of these records by the administrator's employees. Expenses of any copying shall be borne by the informal dispute resolution settlement mechanism.
10-1-794. The new motor vehicle arbitration panel or panels shall begin operating on January 2, 1991. The administrator in his discretion may establish and operate the panel or panels under any of the following procedures provided that disputes filed during the same time period shall not be handled under different procedures: (1) contracting with private or public entities to conduct arbitrations under the procedures and standards in this article, (2) appointing private citizens to serve on a panel or panels, or (3) hiring temporary or permanent employees to serve on the panel or panels. Each new motor vehicle arbitration panel shall consist of three members, none of whom may be directly or indirectly involved in the manufacture, distribution, sale, or service of any motor vehicle, or employed by or related to the consumer. All panel members shall have a degree from an American Bar Association Accredited School of Law or shall have at least two years experience in professional arbitration. Any private citizens appointed by the administrator to serve as panel members shall be reimbursed for expenses as are members of the General Assembly and shall be compensated at an hourly rate as determined by the administrator. Temporary or permanent employees hired to serve on the panels shall be in the unclassified service and may serve on a full or part-time basis at a salary determined by the administrator. All administrative staff hired by the administrator to aid in the administration of this article shall be in the unclassified service and compensated at a salary determined by the administrator."
Section 2. This act shall become effective January 1, 1991, except for the provisions of Code Section 10-1-789, which shall become effective July 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1202. By Representatives Benn of the 38th, Martin of the 26th, Randall of the 101st, McKinney of the 40th, Sinkfield of the 37th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to comprehensively revise statutory provisions relative to fair housing and discriminatory practices associated with housing transactions; to provide for a statement of policy.

The following amendment was read and adopted:

The Committee on Special Judiciary moves to amend HB 1202 by striking on line 14 of page 7 the date "September 15, 1991" and inserting in lieu thereof the date "March 13, 1991".
By striking on line 2 of page 16 the number and word "180 days" and inserting in lieu thereof the words "one year".
By striking lines 15 through 18 of page 34, which read as follows:

FRIDAY, FEBRUARY 9, 1990

945

"8-3-220. A political subdivision of this state may adopt local ordinances which are substantially similar to the provisions of this article but may not expand or reduce the rights granted by this article.",
and inserting in lieu thereof the following:
"8-3-220. A political subdivision of this state may adopt verbatim the laws against discriminatory housing practices cited in Code Section 8-3-202, 8-3-203, 8-3-204, 8-3-205, or 8-3-222 of this article as a local ordinance but may not expand or reduce the rights granted by this article."
By striking the quotation marks at the end of line 2 on page 35.
By adding between lines 2 and 3 of page 35 the following:
"8-3-223. Compliance with the provisions of the Fair Housing Amendments Act of 1988 (Pub. L. 100-430) shall be deemed compliance with the provisions of paragraph (11) of Code Section 8-3-201 and subparagraph (a)(7)(B) of Code Section 8-3-202. In addition, should any provision of this article relating to the treatment of handicapped persons be in conflict with any provision of the Fair Housing Amendments Act of 1988, then the provisions of the latter shall prevail."'

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 97, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

HR 808. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Groover of the 99th and Lee of the 72nd:
A resolution commending Jerry Glanville and inviting him to appear before the House of Representatives.

The Speaker assumed the Chair.

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

HR 813. By Representative Hamilton of the 124th:
A resolution urging the Commission on Children and Youth to create a Task Force To Promote Self-Esteem.

HR 814. By Representatives Bannister of the 62nd, Barnett of the 59th, Breedlove of the 60th, Wall of the 61st, Goodwin of the 63rd and others:
A resolution urging the Department of Natural Resources to assist in the funding of an outdoor public firearms facility.

HR 815. By Representative Edwards of the 112th:
A resolution urging the Board of Commissioners of Taylor County, Georgia, the governing authority of the City of Atlanta, Georgia, and Southern States Landfill, Inc., to halt all activities relating to the construction and operation of a landfill in Taylor County and the transfer of waste material from the metropolitan Atlanta area to such landfill.

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HR 816. By Representative Simpson of the 70th:
A resolution urging the Department of Administrative Services to purchase paper products manufactured from recycled paper or fiber.

The following Resolutions of the House were read and adopted:

HR 817. By Representatives Steele of the 97th, Robinson of the 96th, Buck of the 95th, Bishop of the 94th and Moultrie of the 93rd:
A resolution recognizing the South Georgia Conference of the United Methodist Church.

HR 818. By Representatives Lupton of the 25th and Townsend of the 24th:
A resolution commending the community of Buckhead on 150 years of existence.

HR 819. By Representative Chance of the 129th: A resolution commending Honorable Woodrow Pickett, Sr.

HR 820. By Representative Mobley of the 64th: A resolution commending Cora Robinson.

HR 821. By Representative Floyd of the 135th: A resolution commending Honorable Howard H. Rainey.

HR 822. By Representatives Floyd of the 135th and Holland of the 136th:
A resolution expressing sympathy at the passing of Mr. William M. "Bill" Brock.

HR 823. By Representatives Holland of the 136th, Byrd of the 153rd, McDonald of the 12th and Murphy of the 18th:
A resolution commending David C. Jordan, Jr., upon his retirement from the State Y.M.C.A. of Georgia.

HR 824. By Representatives Byrd of the 153rd, Parrish of the 109th, Porter of the 119th, Moody of the 153rd and Coleman of the 118th:
A resolution commending Honorable Fisher Barfoot.

Pursuant to SR 433, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 12, 1990.

MONDAY, FEBRUARY 12, 1990

947

Representative Hall, Atlanta, Georgia Monday, February 12, 1990

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

Aaron Adams Aiken Allen Athon Atkins Bailey Baker
Balkcom
Bannister Barfoot Bargeron Barnett,B Barnett,M Bates Beck Benefield Benn Birdsong Bishop
Bostick Branch Brooks Brown Buck Byrd
Campbell Carrell Carter
Chambless Chance

Cheeks Childers Clark,B Clark,H Clark,L Colwell Connell Crawford Cummings,B Davis,C Davis,G Davis,M Dixon,H
Dixon,S
Dobbs Dover Dunn Edwards Ehrhart Fennel Floyd,J.M Floyd,J.W 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 Johnson Jones Kilgore Kingston Lane,D
Lane,R Langford Lawrence
Lawson
Lee Long
Lord Lupton
Mangum
Martin McCoy

McDonald McKelvey McKinney,C Meadows Milam Mobley Moody Morton Moultrie Mueller Oliver,C Oliver,M Orr Padgett Pannell Parham Parrish Patten Pettit
Pinkston Poag
Porter
Poston Powell Ransom Ray Reaves Richardson
Ricketson Robinson

Royal Selman Sinkfield Smith,L Smith,P Smith,W Snow Stancii,F Stancii.S Stanley Steele Stephens Streat Teper Thomas,M Thompson Thurmond Titus Tolbert
Townsend Vaughan
Waddle Watson
Watts Wilder
Williams,B Williams,J
Yates
Yeargin Murphy,Spkr

Prayer was offered by the Reverend Buford M. Tanner, Pastor, Stone Creek Baptist Church, Dry Branch, Georgia.

Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

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JOURNAL OF THE HOUSE,

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

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

HB 1821. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd:
A bill to amend an Act incorporating the City of Dalton, so as to change the provisions relating to the exercise of the power of eminent domain by the city's board of water, light and sinking fund commissioners and provide for its exercise by the mayor and council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1822. By Representative Carter of the 146th:
A bill to amend an Act establishing a new charter for the City of Nashville, 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 1823. By Representative Carter of the 146th:
A bill to amend an Act providing and establishing a new charter for the Town of Alapaha, 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 1824. By Representative Carter of the 146th:
A bill to amend an Act incorporating the City of Ray City, 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 1825. By Representative Carter of the 146th:
A bill to amend an Act providing a new charter for the Town of Enigma, 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 1826. By Representatives Hudson of the 117th and Smith of the 16th:
A bill to amend Code Section 2-7-99 of the Official Code of Georgia Annotated, relating to licensing requirements for pesticide applicators, so as to change the provisions relating to persons required to obtain certain licenses.
Referred to the Committee on Health & Ecology.

HB 1827. By Representatives Isakson of the 21st, Heard of the 43rd and Byrd of the 153rd:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to change requirements for toilets, shower heads, and faucets; to provide requirements for urinals.
Referred to the Committee on Industry.

MONDAY, FEBRUARY 12, 1990

949

HB 1828. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to authorize the governing authority of Liberty County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1829. 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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1830. By Representative Murphy of the 18th:
A bill to amend an Act reincorporating and providing a new charter for the City of Tallapoosa, so as to change provisions relating to regular meetings of the Mayor and Council; to change provisions relating to the city attorney.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1831. By Representative Smith of the 78th:
A bill to amend an Act providing that certain costs in certain criminal cases and quasi-criminal cases shall be used for the purpose of maintaining the Butts County courthouse, so as to provide that such Act shall apply to certain criminal and quasi-criminal cases in the Probate Court of Butts County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1832. By Representative Smith of the 78th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to change certain provisions relating to the supplemental salary of the chief magistrate of that court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1833. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for purposes of Georgia income taxation, so as to provide that Georgia taxable net income shall not include a lump-sum distribution from an annuity, pension plan, or similar source which is removed from federal adjusted gross income for the purposes of special federal tax computations or treatment.
Referred to the Committee on Ways & Means.

HB 1834. By Representatives Holland of the 136th, Moultrie of the 93rd and Poston of the 2nd:
A bill to amend Code Section 53-2-115 of the Official Code of Georgia Annotated, relating to the renouncement of succession, so as to provide that the document stating such renouncement shall be delivered to the transferor or his personal representative by hand delivery or by mail.
Referred to the Committee on Judiciary.

950

JOURNAL OF THE HOUSE,

HB 1835. By Representatives Johnson of the 123rd, Mueller of the 126th, Hamilton of the 124th, Kingston of the 125th, Dixon of the 128th and others:
A bill to provide for the Savannah-Chatham County Anti-Drug Commission, a body corporate and politic; to authorize such commission to take such actions and do such things as it shall deem necessary and proper to deter and control, with the intent to ultimately reduce, or eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1836. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating the Board of Commissioners of Newton County, so as to change the provisions relating to the salary and expense allowances of members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1837. By Representatives Holland of the 136th, Moultrie of the 93rd and Poston of the 2nd:
A bill to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to the probate of domestic wills, so as to provide for a procedure when a will is lost prior to the death of the testator.
Referred to the Committee on Judiciary.

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 1838. By Representatives Simpson of the 70th, Athon of the 57th, Hamilton of the 124th, Thomas of the 69th, Poston of the 2nd and others:
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 establish the Georgia Commission on Public Education Progress.
Referred to the Committee on Education.

HB 1839. By Representative Lord of the 107th: A bill to provide a new charter for the City of Sandersville, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1840. By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 12, 1990

951

HB 1841. By Representative Ware of the 77th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the amount of compensation of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1842. By Representative Wilder of the 21st:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for an exclusion from such taxable net income for certain interest income earned on deposits made to certain special restricted savings accounts.
Referred to the Committee on Ways & Means.

HB 1843. By Representative Simpson of the 70th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide that the operation of certain motor vehicles involves an inherently dangerous instrumentality; to provide that owners and operators have a duty to use extraordinary diligence to ensure that such vehicles are properly equipped with properly operating safety equipment.
Referred to the Committee on Judiciary.

HB 1844. By Representatives Bargeron of the 108th and Godbee of the llOth:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the compensation of the chairman and other members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1845. By Representatives Thompson of the 20th, Crosby of the 150th, Hanner of the 131st, Coleman of the 118th, Buck of the 95th and others:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Annotated, relating to a limitation on annexation by certain municipalities, so as to remove the prohibition of annexation by such municipalities; to provide for certain restrictions relative to annexation by such municipalities.
Referred to the Committee on State Planning & Community Affairs.

HB 1846. By Representatives Isakson of the 21st, Thompson of the 20th, Clark of the 20th, Gresham of the 21st, Wilder of the 21st and others:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Annotated, relating to limitation on annexation by certain municipalities, so as to provide that certain municipalities shall be authorized to annex territories prior to July 1, 1991, upon compliance with certain conditions.
Referred to the Committee on State Planning & Community Affairs.

952

JOURNAL OF THE HOUSE,

HB 1847. By Representative Chambless of the 133rd:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest warrants, so as to allow the oath of an affiant relating to a misdemeanor arrest warrant to be taken before a clerk or a deputy clerk of the court or a notary public; to provide a form for an affidavit for a misdemeanor arrest warrant.
Referred to the Committee on Judiciary.

HB 1848. By Representative Chambless of the 133rd:
A bill to amend Article 1 of Chapter 3 of Title 18 of the Official Code of Georgia Annotated, relating to attachment proceedings generally, so as to allow the oath of an affiant relating to an application for a writ of attachment to be taken before either a judge or a clerk or deputy clerk of the court or before a notary public.
Referred to the Committee on Judiciary.

HB 1849. By Representatives Buford of the 103rd, Pinkston of the 100th, Groover of the 99th, Birdsong of the 104th and Lucas of the 102nd:
A bill to amend Section 57 of an Act approved August 27, 1872, "An Act to amend the several Acts incorporating the City of Macon, and for other purposes," so as to provide that, notwithstanding any provision of said section, the City of Macon shall have the power and authority to lease to the Georgia State Fair, Inc., for a term of 50 years a certain described portion of Central City Park.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1850. By Representatives Couch of the 36th, Abernathy of the 39th and McKinney of the 40th:
A bill to amend an Act providing a new charter for the City of Hapeville, Georgia, so as to change the provisions relating to elections and terms of the members of the governing authority of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 825. By Representative Allen of the 127th: A resolution compensating Mr. Oscar Adams.
Referred to the Committee on Appropriations.

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

HB 1781 HB 1782 HB 1783 HB 1784 HB 1785 HB 1786 HB 1787 HB 1788 HB 1791 HB 1792

HB 1793 HB 1794 HB 1795 HB 1796 HB 1797 HB 1798 HB 1799 HB 1800 HB 1801

MONDAY, FEBRUARY 12, 1990

953

HB 1802 HB 1803 HB 1804 HB 1805 HB 1806 HB 1807 HB 1808 HB 1809 HB 1810 HB 1811
HB 1812 HB 1813 HB 1814 HB 1815 HB 1816 HB 1817 HB 1818 HB 1819

HB 1820 HR 798 HR 809 HR 810 HR 811 HR 812 SB 490 SB 533 SB 558 SB 563 SB 568 SB 622 SB 654 SB 660 SB 677 SB 686 SR 387

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1077 Do Pass, by Substitute HB 1144 Do Pass, by Substitute
Respectfully submitted,
Is/ 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:
HR 796 Do Pass
Respectfully submitted,
Is/ Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - 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:

954

JOURNAL OF THE HOUSE,

HB 1771 Do Pass HB 1772 Do Pass HB 1773 Do Pass

HB 1776 Do Pass HB 1777 Do Pass HB 1778 Do Pass
Respectfully submitted,
Is/ Lane of the 27th
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1623 Do Pass
Respectfully submitted,
Is/ Coleman of the 118th
Chairman

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 12, 1990

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below:

HB 502 HB 776 HB 796 HB 923 HB 1098 HB 1128 HB 1165 HB 1184 HB 1210 HB 1326 HB 1355 HB 1409 HB 1412 HB 1447

Georgia Condominium Act; Amend Ad Valorem Tax; Interest on Late Payments Counties/Municipalities; Development Impact Fees Warehousemen; Leaf Tobacco Sales; Repeal Certain Provisions (Rec.) Garnishment; Individual Retirement Accounts; Certain Exception Ins.; Capital Stock or Surplus Requirements; Amend Provisions Child Support Award; Jury Not Req. to Specify Reason for Dev. First Offenders; Certain Criminal Records; Requirements Workers' Compensation; Comp. of Chairman/Members of Board Nonprofit Agencies; Cert. Contracts with Human Resources; Immunity Motor Vehicles; Amber Light on Loads of Logs Adoption; Parental Rights; Failure to Care for Child Hunting; Cert. Handguns for Game Animals; Authorization Motor Fuel Taxes; Retail Sales; Certain Refund

HR 723 Governmental Projects; Revenue Bonds; Urge Resistance to Reduce

SB 448 Driver's License; Vision Standards; Requirements

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:

MONDAY, FEBRUARY 12, 1990

955

HB 1771.

By Representatives Watts of the 41st and Murphy of the 18th:
A bill to repeal the "Paulding County Water Authority Act," to abolish the Paulding County Water Authority.

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

HB 1772.

By Representative Watts of the 41st:
A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to expand 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 1773.

By Representative Lord of the 107th:
A bill to amend an Act providing a new charter for the City of Wrightsville, 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 1776.

By Representatives Isakson of the 21st, Thompson of the 20th, Vaughan of the 20th, Howren of the 20th, Atkins of the 21st and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, so as to change the provisions relating to the time of election, taking of office, and 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1777.

By Representative Poag of the 3rd:
A bill to amend an Act creating a new charter for the City of Cohutta, so as to consolidate and redefine the various annexations of the City of Cohutta into a single corporate limit description.

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

956

JOURNAL OF THE HOUSE,

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

HB 1778.

By Representatives Padgett of the 86th, Connell of the 87th, Cheeks of the 89th and Brown of the 88th:
A bill to repeal an Act creating the Oak Ridge Water and Sewerage Authority.

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

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 380. By Senator Kidd of the 25th:
A resolution recognizing the month of May, 1990, as "Motorcycle Awareness and You Month" in Georgia.

SR 386. By Senators Scott of the 2nd, Coleman of the 1st, Hammill of the 3rd and others:
A resolution proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area on an island by virtue of Article XI, Section I, Paragraph IV of the Constitution to remove irrevocably such property and adjacent public rights of way from the industrial area; to provide for the submission of this amendment for ratification or rejection.

SR 397. By Senators Fincher of the 54th, Ragan of the lOth, Ragan of the 32nd and others:
A resolution proposing an amendment to the Constitution so as to authorize guaranteed revenue debt to be incurred to finance revenue-producing educational facilities or the renovation of such facilities of the Board of Regents of the University System of Georgia; to provide for the submission of this amendment for ratification or rejection.

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

SB 422. By Senator Peevy of the 48th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps in general, so as to provide that a person may obtain a hunter safety certificate without first attending a hunter safety education course; to provide that such certificate may be obtained by successfully passing an examination; to provide that, upon failure of such an examination, the applicant must then attend a hunter safety education course.

MONDAY, FEBRUARY 12, 1990

957

SB 430. By Senators Newbill of the 56th, Collins of the 17th, Clay of the 37th and others:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that a felony involving moral turpitude shall include a felony conviction for a violation of Code Section 16-13-30 or Code Section 16-13-31 for the purposes of determining ineligibility to hold civil office.

SB 503. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances and dangerous drugs, so as to provide licensing sanctions for certain persons authorized or otherwise permitted by the state to conduct certain occupations and activities who are convicted of certain offenses involving controlled substances and dangerous drugs.

SB 577. By Senator Walker of the 43rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.

SB 602. By Senators Dawkins of the 45th and Clay of the 37th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offense of sexual battery; to provide for the offense of aggravated sexual battery; to define certain terms; to provide penalties for such offenses.

SB 605. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require every person owning or operating a combined sewer overflow system to obtain a permit for such use from the director of the Environmental Protection Division of the Department of Natural Resources; to provide a definition; to authorize the director to require the submission of certain information.

SB 606. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide definitions; to provide the minimum contents of such plan.

SB 626. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against persons in custody, so as to change the definition of the offense of sexual assault against persons in custody; to provide a penalty for the offense; to provide for an effective date.

958

JOURNAL OF THE HOUSE,

SB 628. By Senators Olmstead of the 26th, Harris of the 27th, Barker of the 18th and others:
A bill to amend Code Section 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and its administrative and judicial review procedures, so as to change certain time periods for hearings for applications for a project.

SB 632. By Senator Egan of the 40th:
A bill to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, known as the "Uniform Management of Institutional Funds Act," so as to define "historic dollar value" of an endowment fund of a charitable institution for the purpose of determining the total return of the endowment fund; to change provisions relating to definitions.

SB 637. By Senators Ray of the 19th, Parker of the 15th, Phillips of the 9th and others:
A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veteran's license plates, so as to provide that the commissioner of revenue is authorized and directed to design the license plate of disabled veterans.

SB 640. By Senators Fuller of the 52nd and Tate of the 38th:
A bill to amend Article 5 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to appointments of district attorneys emeritus, so as to repeal certain provisions prohibiting district attorneys emeritus from practicing law.

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.

HB 1502. By Representatives Couch of the 36th, Alford of the 57th, Townsend of the 24th, Sinkfield of the 37th and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act," so as to give the Authority power to make certain purchases without competitive bidding.

HB 1588.

By Representative Meadows of the 91st:
A bill to amend an Act incorporating the City of Manchester, so as to authorize the board of commissioners to levy an additional 10 percent on fines for violations of municipal ordinances; to provide that such funds be used for the construction, maintenance, and operation of a city jail.

HB 1638.

By Representative Heard of the 43rd:
A bill to create and incorporate the Town of Brooks in Fayette County and grant a new charter to that municipality under such corporate name and style; to prescribe and define the corporate limits thereof.

MONDAY, FEBRUARY 12, 1990

959

HB 1668. By Representative Reaves of the I47th:
A bill to provide for the compensation and expenses of the Board of Education of Brooks County.

HB 1670. By Representative Harris of the 84th: A bill to create a board of elections and registration for McDuffie County.

HB 1684.

By Representative Balkcom of the I 40th:
A bill to amend an Act incorporating the City of Blakely, so as to change the corporate limits of said city.

HB 1687.

By Representative Pettit of the 19th:
A bill to amend an Act creating a new charter for the City of Emerson, so as to change the corporate limits of the city.

SB 663. By Senator Burton of the 5th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate April 9 of each year as "Former Prisoners of War Recognition Day" in Georgia.

SB 468. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to broaden the authority's power to encompass the acquisition and construction of facilities; to change the provisions relating to the effect of Article 10 of Chapter 7 of Title 31 on statutes which require competitive bidding.

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

SB 349. By Senator Fuller of the 52nd:
A bill to amend an Act providing for the election of the judge of the Juvenile Court of Floyd County so as to provide that the salary of such judge shall be set by the governing authority of Floyd County; to provide that such judge shall devote his full time to the duties of his office and shall not engage in the private practice of law; to provide for an effective date.

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

SB 678. By Senator Kidd of the 25th:
A bill to amend Code Section 30-3-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to handicap access to public facilities, so as to provide that the provisions of Chapter 3 of Title 30, relating to handicap access to public facilities, shall apply to certain multifamily dwellings constructed for first occupancy after March 13, 1991.

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

960

JOURNAL OF THE HOUSE,

SB 422. By Senator Peevy of the 48th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps in general, so as to provide that a person may obtain a hunter safety certificate without first attending a hunter safety education course; to provide that such certificate may be obtained by successfully passing an examination; to provide that, upon failure of such an examination, the applicant must then attend a hunter safety education course.
Referred to the Committee on Game, Fish & Parks.

SB 430. By Senators Newbill of the 56th, Collins of the 17th, Clay of the 37th and others:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that a felony involving moral turpitude shall include a felony conviction for a violation of Code Section 16-13-30 or Code Section 16-13-31 for the purposes of determining ineligibility to hold civil office.
Referred to the Committee on Special Judiciary.

SB 468. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to broaden the authority's power to encompass the acquisition and construction of facilities; to change the provisions relating to the effect of Article 10 of Chapter 7 of Title 31 on statutes which require competitive bidding.
Referred to the Committee on Health & Ecology.

SB 503. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances and dangerous drugs, so as to provide licensing sanctions for certain persons authorized or otherwise permitted by the state to conduct certain occupations and activities who are convicted of certain offenses involving controlled substances and dangerous drugs.
Referred to the Committee on Industry.

SB 577. By Senator Walker of the 43rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 12, 1990

961

SB 602. By Senators Dawkins of the 45th and Clay of the 37th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offense of sexual battery; to provide for the offense of aggravated sexual battery; to define certain terms; to provide penalties for such offenses.
Referred to the Committee on Special Judiciary.

SB 605. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require every person owning or operating a combined sewer overflow system to obtain a permit for such use from the director of the Environmental Protection Division of the Department of Natural Resources; to provide a definition; to authorize the director to require the submission of certain information.
Referred to the Committee on Natural Resources & Environment.

SB 606. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide definitions; to provide the minimum contents of such plan.
Referred to the Committee on Natural Resources & Environment.

SB 626. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against persons in custody, so as to change the definition of the offense of sexual assault against persons in custody; to provide a penalty for the offense; to provide for an effective date.
Referred to the Committee on Judiciary.

SB 628. By Senators Olmstead of the 26th, Harris of the 27th, Barker of the 18th and others:
A bill to amend Code Section 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and its administrative and judicial review procedures, so as to change certain time periods for hearings for applications for a project.
Referred to the Committee on Health & Ecology.

SB 632. By Senator Egan of the 40th:
A bill to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, known as the "Uniform Management of Institutional Funds Act," so as to define "historic dollar value" of an endowment fund of a charitable institution for the purpose of determining the total return of the endowment fund; to change provisions relating to definitions.
Referred to the Committee on Banks & Banking.

962

JOURNAL OF THE HOUSE,

SB 637. By Senators Ray of the 19th, Parker of the 15th, Phillips of the 9th and others:
A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veteran's license plates, so as to provide that the commissioner of revenue is authorized and directed to design the license plate of disabled veterans.
Referred to the Committee on Motor Vehicles.
SB 640. By Senators Fuller of the 52nd and Tate of the 38th: A bill to amend Article 5 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to appointments of district attorneys emeritus, so as to repeal certain provisions prohibiting district attorneys emeritus from practicing law.
Referred to the Committee on Judiciary.
SB 663. By Senator Burton of the 5th: A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate April 9 of each year as "Former Prisoners of War Recognition Day" in Georgia.
Referred to the Committee on Defense & Veterans Affairs.
SB 678. By Senator Kidd of the 25th: A bill to amend Code Section 30-3-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to handicap access to public facilities, so as to provide that the provisions of Chapter 3 of Title 30, relating to handicap access to public facilities, shall apply to certain multifamily dwellings constructed for first occupancy after March 13, 1991.
Referred to the Committee on Industry.

SR 380. By Senator Kidd of the 25th:
A resolution recognizing the month of May, 1990, as "Motorcycle Awareness and You Month" in Georgia.
Referred to the Committee on Motor Vehicles.
SR 386. By Senators Scott of the 2nd, Coleman of the 1st, Hammill of the 3rd and others:
A resolution proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area on an island by virtue of Article XI, Section I, Paragraph IV of the Constitution to remove irrevocably such property and adjacent public rights of way from the industrial area; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Industry.
SR 397. By Senators Fincher of the 54th, Ragan of the lOth, Ragan of the 32nd and others:
A resolution proposing an amendment to the Constitution so as to authorize guaranteed revenue debt to be incurred to finance revenue-producing educational facilities or the renovation of such facilities of the Board of Regents of the University System of Georgia; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.

MONDAY, FEBRUARY 12, 1990

963

Representative Birdsong of the 104th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1248.

By Representatives Birdsong of the 104th and Barnett of the lOth:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that certain local government buildings financed in whole or in part with state funds shall have displayed thereon a plaque or marker with the names of certain state and local officials.

On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy Adams Aiken Alford
Y Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Barnett,M
Y Bates Y Beck
Benefield Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
Y Buck Buford
Y Byrd Y Campbell N Carrell Y Carter
Y Chambless Y Chance
Cheeks

Childers
Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch Crawford Y Crosby Y Cummings,B Cum.mings,M
Y Davis,C Y Davis,G N Davis,M
Dixon,H
Dixon,S Dobbs Y Dover
Dunn Edwards Y Ehrhart Felton N Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
y Godbee
Y Goodwin Y Green
Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Hanner

YHarris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson N Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnaon Y Jones Y Kilgore
Kingston NLane,D
Y Lane,R Langford
N Lawrence Y Lawson YLee
Linder YLong
Lord Y Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 122, nays 11. The motion prevailed.

McKinney,B Y McKinney,C Y Meadows
Y Milam N Mobley Y Moody
N Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
N Orr Orrock
Y Padgett Y Pannell
YParharn Parrish
Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell
Randall N Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson y Royal
Selman Simpson
Sinkfield

Y Smith,L
Y Smith,P Smith,T
YSmith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephena Y Streat Y Teper
Thomas,C Y Thomas,M YThompson
YThurmond Y Titus Y Tolbert Y Townaend y Twiggs
N Vaughan YWaddle
Walker,C Y Walker,L Y Wall
Ware Y Watson
Y Watts White 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 report of the Committee of Conference thereon:

HB 1288.

By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1989-1990.

The following report of the Committee of Conference was read:

964

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON HB 1288

The Committee of Conference on HB 1288 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1288 be adopted.

Respectfully submitted,

FOR THE SENATE:
Is/ Terrell A. Starr
Senator, 44th District
Is/ Joseph E. Kennedy
Senator, 4th District
Thomas F. Allgood Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Lauren McDonald, Jr
Representative, 12th District
Is/ Larry Walker
Representative, 115th District
Is/ Terry Coleman
Representative, 118th District

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act", approved April 18, 1989 (Ga. L. 1989, P. 1492), so as to change certain appropriations for the State Fiscal Year 1989-1990; to make language and other changes; to provide an effecitive date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1989-1990, as amended, known as the "General Appropriations Act," approved April 18, 1989 (Ga. L. 1989, P. 1492), is further amended by striking everything following the enacting clause through Section 78 and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts -
Staff...............................................................................................$ Per Diem, Fees and Contracts -
Elected Officials...........................................................................$

21,091,253 10,455,026
3,409,540 1,994,900
112,200 7,000 0
231,000 369,000
65,100 664,000
386,259
2,204,228

MONDAY, FEBRUARY 12, 1990

965

Photography .....................................................................................$ Expense Reimbursement Account ................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

65,000 1,128,000
0 21,091,253 21,091,253

Senate Functional Budgets

Total Funds

State Funds

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

$

4,016,686

$

573,448

$

1,048,783

$

5,638,917

$

4,016,686

$

573,448

$

1,048,783

$

5,638,917

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

$

8,241,660

$

421,458

$

1,108,338

$

9,771,456

$

8,241,660

$

421,458

$

1,108,338

$

9,771,456

Joint Functional Budgets

Total Funds

State Funds

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

$

2,024,156

$

1,889,416

$

782,149

$

985,159

$

5,680,880

$

2,024,156

$

1,889,416

$

782,149

$

985,159

$

5,680,880

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and 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 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

966

JOURNAL OF THE HOUSE,

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

14,008,971
11,915,717 341,610 800,000 11,000 23,750 25,500 517,628 323,209 50,557
14,008,971 14,008,971

PART II. JUDICIAL BRANCH

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

4,370,711

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

5,189,527

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

38,733,929 37,015,391
682,864 124,310
84,266
812,098 15,000
38,733,929 38,733,929

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

Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..................................................$
Institute's Operations .................................................................$ Georgia Magistrate Courts
Training Council..........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

588,136 437,000
151,136 588,136 588,136

MONDAY, FEBRUARY 12, 1990
Section 8. Judicial Council. Budget Unit: Judicial Council .............................................................$
Council Operations..........................................................................$ Payments to Judicial
Administrative Districts for Case Counting ..............................................................................$ Board of Court Reporting..............................................................$ Payment to Council for Magistrate Court Judges ................................................................................$ Payment to Council of Probate Court Judges ................................................................................$ Payment to Council of State Court Judges ................................................................................$ Payment to Resource Center.........................................................$ Payment to Computerized Information Network ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission ..............................................................$
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council ......................................................................$ Grants............................................................................................$ Operations ....................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$
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 ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ........................................................................$

967
1,821,781 797,015
73,500 30,144 26,000 20,000 10,000 231,132 633,990 1,821,781 1,821,781
999,635 950,000
49,635 999,635 999,635
44,950,053 46,354,973 10,204,206
349,800 426,000 2,121,406 9,258,781 3,545,328 905,605 1,335,860 16,169,500 37,900 2,000,000
1,000,000
3,260,000 36,494,172 13,000,000

968

JOURNAL OF THE HOUSE,

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 4,200,000 153,942,331 44,950,053

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

$

426,438

$

6,704,384

$

17,274,352

$

12,762,042

$

2,948,953

$

681,221

$

566,888

$

51,289,476

$

4,018,049

$

46,187,199

$

6,694,476

$

1,567,948

$

949,833

$

1,871,072

$

153,942,331

$

426,438

$

6,674,319

$

15,274,352

$

0

$

2,948,953

$

0

$

566,888

$

13,209,103

$

0

$

5,850,000

$

0

$

0

$

0

$

0

$

44,950,053

B. Budget Unit: Georgia Building Authority ..................................................................$
Georgia Building Authority Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

Q
19,882,891 4,953,819
22,750 238,500 220,775 96,000 10,800 138,600 164,800 260,000 8,166,638 190,000
0
0 34,345,573
0

MONDAY, FEBRUARY 12, 1990

969

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

1,950,197

$

0

$

5,117,756

$

0

$

5,101,654

$

0

$

5,088,928

$

0

$

301,103

$

0

$

4,723,888

$

0

$

11,176,652

$

0

$

885,375

$

0

$

0

$

0

$

34,345,573

$

0

C. Budget Unit: Agency for the Removal of Hazardous Materials ..............................................$
Operations Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

4,522,464 3,998,000 1,504,800
271,900 700,000
0 0 20,200 800,000 0 0 11,817,364 251,364

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

38,206,183
29,773,521 3,563,483
876,524 500,842 270,000 463,294 851,763 401,619 316,871 650,000
2,335,105
2,369,943 547,000 91,000 60,000 205,000
565,132

970

JOURNAL OF THE HOUSE,

Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets .........................................................$
Capital Outlay .................................................................................$ Contract - Federation of
Southern Cooperatives................................................................$ Tick Control Program ....................................................................$ Poultry Indemnities ........................................................................$ Boll Weevil Eradication Program .................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

370,000 0
60,000 50,000
0 3,000,000 47,321,097 38,206,183

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

$

4,847,061

$

7,285,607

$

1,874,792

$

3,720,308

$

4,649,788

$

1,503,284

$

3,145,576

$

6,225,799

$

4,105,667

$

4,478,218

$

397,827

$

5,087,170

$

47,321,097

$

4,498,061

$

6,911,607

$

1,837,538

$

3,720,308

$

4,579,125

$

1,503,284

$

3,131,676

$

4,736,357

$

1,469,237

$

984,003

$

3,071

$

4,831,916

$

38,206,183

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Georgia Agrirama Development Authority Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

0
639,106 154,104
4,650 1,000 7,850
0 0 8,818 107,708 375,000 94,300 1,392,536 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...........................................................................$

6,118,359
5,233,859 233,000 290,000 13,500 17,000 80,000

MONDAY, FEBRUARY 12,1990

971

Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

196,000 53,000
2,000 6,118,359 6,118,359

Section 14. Department of Community Affairs. A. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Felony Expenses ................................................................$ Contracts with Regional
and Development Commissions ................................................$ Local Assistance Grants .................................................................$ Appalachian Regional Commission
Assessment ...................................................................................$ Community Development Block
Grants (Federal) ..........................................................................$ Music Hall of Fame ........................................................................$ 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 ....................................................................$

21,890,632
5,554,652 289,911 192,755 0 27,410 219,155 467,662 68,574 134,020 158,000
2,625,000 4,787,402
120,759
30,000,000 50,000
4,200,000 1,650,000
2,450,000
406,515 53,401,815 21,890,632

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of the Commissioner Technical Assistance tel Financial Assistance Rural Development Coordinated Planning Total

$

1,037,153

$

1,430,585

$

48,373,369

$

1,160,824

$

1,399,884

$

53,401,815

$

1,014,653

$

1,261,773

$

17,218,209

$

1,120,824

$

1,275,173

$

21,890,632

Section 15. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation ..........................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$

493,159,515 269,539,283 33,600,154
1,589,804 3,279,000 8,171,294 1,613,000

972

JOURNAL OF THE HOUSE,

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

3,253,000 2,850,358 1,810,152 118,499,450 10,403,265
380,000 12,454,000 9,625,000
525,000 365,000 750,000
3,262,000
1,258,000
350,000 1,165,000 16,642,082
50,000
304,000 0
90,000 501,828,842
450,000 82,000 493,159,515

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

164,742,184

$

271,348,879

$

65,737,779

$

501,828,842

$

164,161,681

$

269,841,879

$

59,155,955

$

493,159,515

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

30,825,214
22,694,997 920,015 752,760 265,000 795,279 690,159
1,604,700 903,466
1,210,938 987,900
30,825,214 30,825,214

Section 16. Department of Defense. Budget Unit: Department of Defense ................................................$ Operations Budget:

5,602,479

MONDAY, FEBRUARY 12, 1990

973

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

8,543,307 4,266,887
77,604 41,500 57,525 34,155 5,760 154,276 201,500
1,044,200 51,000
18,000 42,000 1,182,133 6,851 180,000 15,906,428 5,602,479

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

$

1,390,428

$

3,284,104

$

3,758,900

$

7,472,996

$

15,906,428

$

1,311,311

$

1,022,630

$

529,742

$

2,738,796

$

5,602,479

Section 17. State Board of Education Department of Education.
Budget Unit: Department of E d u c a t i o n ........................................................... $
Operations: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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........................................................................$

2,782,138,288
42,302,779 5,476,303 1,931,117 91,783 772,828
13,865,442 2,442,691 829,900
22,450,366 770,888 472,000
643,914,524 541,522,708 263,729,003 82,400,352
85,836,905 187,873,928 23,187,247 44,627,246

974

JOURNAL OF THE HOUSE,

Staff Development ..........................................................................$ Professional Development..............................................................$ Media ................................................................................................$ Indirect Cost ....................................................................................$ Pupil Transportation ......................................................................$ Mid-Term Adjustment ...................................................................$ Local Fair Share ..............................................................................$ Other Categorical Grants: Equalization Formula .....................................................................$ Sparsity Grants................................................................................$ In-School Suspension......................................................................$ Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................$ Non-QBE Grants:
Education of Children of LowIncome Families...........................................................................$
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped .........................................................................$
Removal of Architectural Barriers .........................................................................................$
Tuition for the Multi-Handicapped .....................................................................$
Severely Emotionally Disturbed ...................................................$ School Lunch (Federal) ..................................................................$ School Lunch (State) ......................................................................$ Supervision and Assessment of
Students and Beginning Teachers and PerformanceBased Certification......................................................................$ Regional Educational Service Agencies ..........................................................................$ Georgia Learning Resources System ...........................................................................................$ High School Program .....................................................................$ Special Education in State Institutions.........................................................................$ Governor's Scholarships .................................................................$ Special Projects ...............................................................................$ Job Training Partnership Act .......................................................$ Vocational Research and Curriculum....................................................................................$ Salaries and Travel of
Public Librarians .........................................................................$ Public Library Materials................................................................$ Talking Book Centers.....................................................................$ Public Library M & 0 ....................................................................$ Grants to Local School Systems
for Educational Purposes ...........................................................$ Child Care Lunch
Program (Federal) .......................................................................$ Chapter II - Block Grant
Flow Through...............................................................................$

6,848,676 18,590,345 104,701,088 608,435,404 110,676,321 38,771,779 (479,927,753)
131,572,700 3,647,392 9,520,994 19,058,651 24,465,241
100,000
95,312,627
3,503,745
28,483,503
888,439
2,475,000 33,732,168 113,396,789 24,003,046
6,575,151
6,219,983
2,720,965 16,732,524
3,473,560 1,066,000
452,000 3,084,680
366,540
9,359,269 4,679,416
816,645 3,763,992
0
16,787,825
10,026,258

MONDAY, FEBRUARY 12, 1990

975

Payment of Federal Funds to Board of Technical & Adult 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) .......................................................................................$ Public Library Construction..........................................................$ Local School Construction .............................................................$ Asbestos Removal............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$

13,848,106 2,453,089
850,000
2,673,172 5,162,697
113,861
100,000
2,252,698
154,000 14,700,000 115,112,826
100,817 3,106,400,239
340,000

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

2, 782,138,288

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Services Governor's Honor Program Administrative Services Evaluation and Personnel
Development Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

$

15,997,673

$

18,243,293

$

1,300,814

$

13,781,668

$

19,681,888

$

4,539,612

$

287,193

$

584,243

$ 3,014,994,142

$

4,611,814

$

7,396,979

$

4,980,920

$ 3,106,400,239

$

14,908,730

$

9,349,807

$

1,158,295

$

9,344,861

$

19,246,338

$

2,940,285

$

287,193

$

584,243

$ 2,708,353,027

$

4,386,552

$

7,070,747

$

4,508,210

$ 2,782,138,288

Section 18. Employees' Retirement System. Budget Unit: Employees' Retirement
System ......................................................................$ Employees' Retirement System Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$

0
1,326,323 125,000 8,000 0 7,000 289,000 124,000 32,000 718,000

976

JOURNAL OF THE HOUSE,

Benefits to Retirees ........................................................................$ Employer Contribution ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

0 0 2,629,323 0

Section 19. Forestry Commission. Budget Unit: Forestry Commission ....................................................$ State Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

36,694,699
28,591,177 6,922,549
174,520 1,228,810 2,730,173
154,806 39,174 942,267 478,764 310,000
0
30,000
60,000 30,500 551,000 42,243,740 36,694,699

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

$

5,280,051

$

34,293,801

$

28,912

$

2,640,976

$

42,243,740

$

2,295,011

$

31,758,723

$

28,912

$

2,612,053

$

36,694,699

Section 20. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation ............................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Evidence Purchased ........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

33,793,266
24,157,132 2,544,438
646,760 624,650 596,288 631,000 1,785,200 1,955,798 277,000 500,000
75,000 33,793,266 33,793,266

MONDAY, FEBRUARY 12, 1990

977

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

$

3,006,186

$

6,673,800

$

10,640,865

$

6,731,824

$

6,740,591

$

33,793,266

$

3,006,186

$

6,673,800

$

10,640,865

$

6,731,824

$

6,740,591

$

33,793,266

Section 21. Office of the Governor. Budget Unit: Office of the Governor..................................................$
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

23,028,742 9,408,312
482,288 186,775
0 76,334 158,637 655,161 204,420 32,028,961 2,860,758 40,000 3,712,500 162,000 2,850,000 331,600 50,000 40,000 1,162,835 100,000 1,262,925
1,420,000 57,193,506 23,028,742

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

$

6,775,258

$

852,858

$

6,035,305

$

3,933,685

$

2,133,996

$

32,404,228

$

340,256

$

648,454

$

739,044

$

1,518,788

$

6,775,258

$

776,204

$

6,035,305

$

3,414,621

$

2,133,996

$

325,544

$

150,696

$

648,454

$

485,165

$

471,865

978

JOURNAL OF THE HOUSE,

Commission on Children and Youth
Growth Strategies Commission Human Relations Comission Total

$

1,685,400

$

0

$

126,234

$

57,193,506

$

1,685,400

$

0

~

126,234

$

23,028,742

Section 22. Department of Human Resources. A. Budget Unit: Departmental
Operations ................................................................$ 1. General Administration and
Support Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

481,084,556
61,482,251 3,898,862 1,631,050 860,441 601,460 2,871,470 5,550,617 1,367,492 2,866,613 393,992 1,390,017 0
116,700
9,429,100 12,696,000
258,000 35,539,845 140,953,910
638,300 64,503,172

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

$

794,145

$

1,840,652

$

337,931

$

1,808,186

$

0

$

5,104,781

$

572,258

$

649,212

$

1,701,735

$

5,501,628

$

2,086,719

$

524,000

$

12,696,000

$

501,395

$

9,103,127

$

794,145

$

1,840,652

$

337,931

$

1,808,186

$

(6,213,445)

$

3,573,086

$

572,258

$

649,212

$

1,701,735

$

5,301,628

$

2,086,719

$

524,000

$

12,103,358

$

148,184

$

0

MONDAY, FEBRUARY 12, 1990

979

Regulatory Services Program Direction and Support
Child Care Licensing Laboratory Improvement Health Care Facilities
Regulations Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning
and Development Agency Total

$

732,767

$

2,583,000

$

797,651

$

4,598,952

$

479,839

$

884,859

$

5,705,318

$

29,295,625

$

12,155,544

$

39,149,576

$

1,349,010

$ 140,953,910

$

722,767

$

2,583,000

$

456,656

$

1,277,132

$

479,839

$

667,111

$

224,443

$

4,356,248

$

11,227,944

$

15,981,373

$

1,299,010

$

64,503,172

2. Public Health Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

49,474,103 54,441,880
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
69,000,574 11,826,121 6,417,500 219,956,492
549,718 129,870,651

Public Health Functional Budgets

Total Funds

State Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care

$

873,482

$

373,542

$

1,296,729

$

1,924,223

$

840,450

$

811,724

$

676,257

$

313,542

$

1,211,729

$

1,760,161

$

617,632

$

745,791

980

JOURNAL OF THE HOUSE,

Stroke and Heart Attack Prevention
Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grants in Aid to Counties Community Health Management Community Care
Aids Programs Total

$

1,986,440

$

$

1,839,637

$

$

599,292

$

$

1,566,714

$

$

1,698,734

$

$

11,466,947

$

$

10,491,073

$

$

3,058,997

$

$

10,234,234

$

$

56,504,981

$

$

1,783,362

$

$

12,153,062

$

$

1,349,328

$

$

693,177

$

$

4,067,805

$

$

1,000,931

$

$

5,496,202

$

$

2,977,452

$

$

10,356,307

$

$

930,987

$

$

3,651,274

$

$

4,432,642

$

$

56,847,315

$

$

481,908

$

$

3,052,986

$

$

5,114,555

$

$

219,956,492

$

3. Rehabilitation Services Budget: Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ Postage ..............................................................................................$ Institutional Repairs and Maintenance .........................................................................$ Case Services....................................................................................$ E.S.R.P. Case Services....................................................................$ Special Purpose Contracts .............................................................$ Purchase of Services Contracts .....................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding .................................................................$ State Funds Budgeted ....................................................................$

1,456,440 927,523 0
300,631
1,545,893 5,505,303 9,324,163 1,047,121 6,203,394
0 1,573,187 9,919,000 1,349,328
693,177 3,964,230
512,159 5,376,202 1,916,952
10,226,632 740,722
3,161,274
4,432,642 50,282,408
398,776 1,208,339 2,480,043 129,870,651
65,871,313 9,849,338 815,163 119,000 351,573 1,728,383 2,902,171 1,420,350 4,487,877 977,500 0 425,050
242,500 16,157,000
52,000 774,000 7,202,585 113,375,803 100,000 24,872,864

MONDAY, FEBRUARY 12, 1990

981

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

$

3,849,215

$

862,128

$

7,694,630

$

18,199,904

$

13,134,289

$

23,975,174

$

854,410

$

36,379,887

$

511,813

$

1,466,668

$

6,027,535

$

420,150

$

113,375,803

$

1,455,494

$

717,125

$

1,533,173

$

4,807,896

$

731,727

$

0

$

0

$

8,150,964

$

306,813

$

721,987

$

6,027,535

$

420,150

$

24,872,864

4. Family and Children Services Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

14,889,329 1,559,285
415,227 0
147,916 16,791,984
226,365 1,156,500 5,450,713
9,100 1,461,435 316,130,150
201,836,889 46,499,365
3,532,000 2,260,000 612,366,258 2,339,882 261,837,869

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

$

1,329,923

$ 305,603,127

$

100

$

10,051,000

$

55,199,066

$

87,218,261

$

49,998,838

$

0

$

115,796,590

$

100

$

0

$

8,995,468

$

43,417,269

$

24,262,627

982

JOURNAL OF THE HOUSE,

County DFACS OperationsHomemakers Services
Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support County DFACS Operations -
Employability Program
Total

$

6,951,771

$

$

2,425,000

$

$

881,949

$

$

4,486,459

$

$

4,069,330

$

$

4,662,986

$

$

19,657,585

$

$

2,632,583

$

$

0

$

$

2,318,389

$

$

2,000,000

$

$

21,768,990

$

$

2,630,504

$

$

791,500

$

$

3,591,282

$

$

15,865,300

$

$

158,000

$

$

776,500

$

$

1,231,500

$

$

3,462,362

$

$

2,603,953

$

$

612,366,258

$

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

6,951,771 0
881,949 3,736,866 4,069,330 2,216,606
8,524,670 2,632,583 (6,578,268) 1,908,631 2,000,000 15,062,835 2,120,902
613,359 2,594,470 15,865,300
158,000 776,500 1,209,131 3,297,362
1,323,818 261,837,869
191,716,996 69,749,365
4,109,505 979,441
1,599,587 22,062,669 9,632,613
4,666,647 16,348,269
1,380,592 3,388,353
0
4,936,795
2,055,000 7,456,223
624,000 400,000 2,766,470
2,291,549 518,060
69,000,574 9,429,100
59,195,365 16,157,000
52,000 316,130,150

MONDAY, FEBRUARY 12, 1990

983

Grants for County DFACSOperations ....................................................................................$
Institutional Repairs and Maintenance .........................................................................$
Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$

201,836,889
359,200 10,981,500 56,828,551

B. Budget Unit: Community Mental Health/ Mental Retardation, Youth Services and I n s t i t u t i o n s ............................................................... $
Departmental Operations: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ Authority Lease Rentals ................................................................$ Institutional Repairs and Maintenance .................................................................................$ Grants to County-Owned Detention Centers .......................................................................$ Substance Abuse Community Services ...................................................................$ Mental Retardation Community Services ...................................................................$ Mental Health Community Services ...................................................................$ Community Mental Health Center Services ............................................................................$ Special Purpose Contracts .............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

509,249,824
385,243,196 35,794,041 1,118,360
682,700 3,605,648 4,964,536
882,375 3,149,333 6,185,703 13,368,100 10,195,200 2,451,904
11,354,300
2,768,050
35,703,573
88,132,101
14,751,156
55,260,268 1,424,600 3,137,860 597,000
680,770,004 2,404,100
509,249,824

Community Mental Health/Mental Retardation, Youth Services and Institutions Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital

$

38,430,338

$

35,711,775

$

28,417,924

$

22,689,137

$

31,318,866

$

29,882,775

$

132,138,242

$

25,104,296

$

17,869,273

$

24,569,682

$

19,141,293

$

24,486,924

$

23,075,041

$

88,552,841

984

JOURNAL OF THE HOUSE,

Georgia Regional Hospital at Savannah
Gracewood State School and Hospital
West Central Georgia Regional Hospital
Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Day Care Centers for

$

24,647,754

$

$

46,137,232

$

$

22,488,763

$

$

3,222,560

$

$

9,317,746

$

$

5,228,263

$

Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health

$

67,567,203

$

$

14,421,988

$

$

663,127

$

$

445,605

$

$

1,361,631

$

Center Services Project ARC Metro Drug Abuse Centers Group Homes for

$

55,260,268

$

$

382,210

$

$

1,604,734

$

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

$

290,613

$

$

329,168

$

$

3,639,123

$

$

15,464,447

$

$

76,900

$

$

9,410,426

$

$

22,092,476

$

$

15,201,836

$

$

9,646,742

$

$

4,160,226

$

$

3,880,109

$

$

12,614,295

$

$

2,736,059

$

$

948,748

$

$

676,070

$

$

4,595,481

$

$

694,485

$

Classification Youth Services
Administration Total

$

411,914

$

$

2,562,745

$

$

680,770,004

$

Section 23. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade.................................................................$

State Operations Budget: Personal Services.............................................................................$

21,957,911
23,958,040
18,534,920 2,375,784
9,114,451
2,703,153
39,831,203 14,421,988
634,662 445,605 1,361,631
43,173,693 382,210
1,354,234
290,613 329,168
3,639,123
15,464,447
76,900 7,353,347
21,678,476 14,832,736 9,575,042 4,042,326 3,779,009 12,614,295
2,736,059 948,748 676,070
4,495,481
694,485
411,914
2,562,745 509,249,824
18,893.512
7,516,645

MONDAY, FEBRUARY 12, 1990

985

Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Local Welcome Center Contracts .................................................$ Advertising and Cooperative
Advertising ...................................................................................$ Georgia Ports Authority -
Authority Lease Rentals.............................................................$ Historic Chattahoochee
Commission Contract..................................................................$ Atlanta Council for
International Visitors..................................................................$ Waterway Development in
Georgia ..........................................................................................$ Georgia Music Week Promotion ...................................................$ Georgia World Congress Center
Operating Expenses ....................................................................$ Contract - Georgia Association
of Broadcasters ............................................................................$ Southern Center for
International Studies ..................................................................$ Music Hall of Fame ........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

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
90,000
25,000
50,000 35,000
100,000
53,000
25,000 0 0
19,996,512 18,893,512

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

6,658,679

$

5,067,161

$

8,270,672

$

19,996,512

$

5,848,679

$

4,914,161

$

8,130,672

$

18,893,512

Section 24. Department of Insurance. Budget Unit: Department of Insurance ...........................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ High-Risk Health Insurance Board..............................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

12,543,366
10,602,243 567,900 892,528 139,900 124,889 425,900 515,100 215,800 50,500 75,000
13,609,760 12,543,366

Office of Commissioner of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration

$

1,943,578

$

1,943,578

986

JOURNAL OF THE HOUSE,

Insurance Regulation Industrial Loan Regulation Fire Safety and Mobile
Home Regulation Total

$

6,279,804

$

566,737

$

4,819,641

$

13,609,760

$

6,149,804

$

566,737

$

3,883,247

$

12,543,366

Section 25. Department of Labor. Budget Unit: Department of Labor ....................................................$ State Operations:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

6,437,843
61,036,074 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 3,522,478 144,330,421 6,437,843

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Services Total

$

8,004,818

$

16,662,865

$

119,662,738

$

144,330,421

$

260,461

$

1,467,420

$

4,709,962

$

6,437,843

Section 26. Department of Law. Budget Unit: Department of Law .......................................................$ Attorney General's Office Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

8,703,803
7,591,730 414,072 132,000 0 31,680 203,321 413,900 88,000 310,000 110,000
9,294,703 8,703,803

Section 27. Department of Medical Assistance. Budget Unit: Medicaid Services..........................................................$
Departmental Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$

548,859,591
12,501,550 618,086 190,500 0

MONDAY, FEBRUARY 12, 1990

987

E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Medicaid Benefits, Penalties
and Disallowances .......................................................................$ Payments to Counties for
Mental Health..............................................................................$ Audits Contracts..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

61,727 13,543,138
935,973 392,900 24,251,556
1,512,215,541
32,895,060 772,500
1,598,378,531 548,859,591

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Offices Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursements Benefits, Penalties
and Disallowances Total

$

2,720,189

$

25,092,121

$

15,778,746

$

2,874,638

$

4,266,457

$

2,535,779

$ 1,545,110,601 $ 1,598,378,531

$

828,864

$

2,595,699

$

4,365,013

$

460,169

$

1,420,092

$

1,219,111

$

537,970,643

$

548,859,591

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

35,534,500
7,510,316 2,056,528
84,509 58,430 2,877,767 884,119 338,970 42,964,275 517,593,013 574,367,927 9,419,549

Employee and Employer Contributions ...............................................................................$

529,340,134

Deferred Compensation..................................................................$ State Funds ......................................................................................$

73,744 35,534,500

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development

$

2,619,632

$

0

$

1,130,788

$

0

$

1,226,597

$

0

$

1,294,553

$

0

988

JOURNAL OF THE HOUSE,

Health Insurance Administration
Health Insurance Claims Internal Administration Commissioner's Office Total

$

15,645,719

$

$

548,666,828

$

$

2,243,818

$

$

1,539,992

$

$

574,367,927

$

Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural

Resources .................................................................. $ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$

Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$

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............................................................$ Payment to Georgia Agricultural

Exposition Authority ..................................................................$

0 35,534,500
0 0 35,534,500
86,691,751
56,655,918 10,913,440
498,390 1,521,566 1,696,547
788,603 1,688,530 1,090,255 1,704,190
900,000 1,233,000
300,000
125,000
2,029,000
350,000 225,000 980,000 2,210,000
0
206,000 50,000
485,000
1,848,000
20,000
751,744 125,000 8,575,000
10,000
200,000 150,000
2,152,100

MONDAY, FEBRUARY 12, 1990

989

Historic Preservation Grant ..........................................................$ Environmental Facilities Grants ...................................................$ 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 .................................................................$ Indirect DOAS Funds.....................................................................$ State Funds Budgeted ....................................................................$

275,000 7,500,000
7,000 13,000
500,000 250,000 250,000 108,277,283
314,594
315,000 200,000 86,691,751

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

$

14,607,545

$

27,431,582

$

37,721,874

$

26,598,137

$

1,918,145

$

108,277,283

$

13,977,951

$

23,739,196

$

24,131,406

$

23,010,053

$

1,833,145

$

86,691,751

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

Q
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 ...............................................................$ E q u i p m e n t ........................................................................................ $

77,901,271
59,343,220 8,878,459
167,250 2,617,532
983,481

990

JOURNAL OF THE HOUSE,

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

4,224,364 71,202
1,317,813 258,850 232,500
200,000 275,000 981,600 79,551,271 1,650,000 77,901,271

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

17,835,498

$

15,993,186

$

45,722,587

$

79,551,271

$

16,335,498

$

15,993,186

$

45,572,587

$

77,901,271

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

13,926,231
6,992,202 2,441,826
134,000 116,282 178,771 363,312 89,187 159,000 859,800 2,757,323
0 14,091,703 13,606,703

2. Office of Highway Safety Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

412,384 29,600 13,000 0 600 40,000 69,988 5,000 29,100
3,500,000 4,099,672
319,528

Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety

$

4,099,672

$

319,528

MONDAY, FEBRUARY 12, 1990

991

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

$

4,691,256

$

935,224

$

1,257,360

$

417,874

$

291,920

$

6,498,069

$

18,191,375

$

4,691,256

$

915,224

$

1,177,360

$

417,874

$

291,920

$

6,113,069

$

13,926,231

Section 31. 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 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 ....................................................................$

7,705,982
6,281,890 401,012 247,660 83,491 163,148 331,000 304,623 115,752
1,235,746 9,164,322 7,705,982

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,676,686

$

3,089,978

$

4,397,658

$

9,164,322

$

1,676,686

$

1,804,778

$

4,224,518

$

7,705,982

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

759,277,630
785,554,722 110,000,000
208,331,929 125,000,000

992

JOURNAL OF THE HOUSE,

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

14,000,000
346,605 377,917 300,000
0 0 41,949,287 1,285,860,460 30,083,572 235,000,000 258,471,958 3,027,300 759,277,630

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

143,207,352
195,288,237 66,536,986
87,673,169 30,605,353
270,780 2,048,179
1,504,606
2,677,250 2,506,660
158,000
1,024,637 12,521,000
839,750 600,000 200,000
818,346
211,000 405,483,953
3,517,000 97,501,895 160,702,006
555,700 143,207,352

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center

$

1,867,811

$

1,182,103

MONDAY, FEBRUARY 12, 1990

Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute Education Extension
Services Agricultural
Experiment Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
Teaching Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Total

$

3,581,555

$

$

1,527,038

$

$

111,771,413

$

$

6,367,100

$

$

50,236,113

$

$

48,512,267

$

$

145,815,884

$

$

2,953,426

$

$

2,334,750

$

$

5,830,380

$

$

1,947,105

$

$

2,413,747

$

$

20,325,364

$

$ 405,483,953

$

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

Section 34. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

993
1,518,237 931,338
12,839,713
2,260,088
33,766,696
32,985,567
28,117,195
2,953,426
501,750
5,830,380
0
62,464 20,258,395 143,207,352
7,211,443
5,748,910 6,636,813 12,385,723 5,174,280 7,211,443
70,517,548
45,575,129 3,939,168 1,344,000 168,100 1,307,412 9,333,646 2,593,452 728,100 315,482
2,354,000
1,430,000 2,150,000 3,124,059 74,362,548 3,845,000 70,517,548

994

JOURNAL OF THE HOUSE,

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

$

5,805,778

$

10,084,308

$

4,723,120

$

16,462,646

$

7,865,492

$

14,136,790

$

6,380,690

$

4,518,543

$

4,385,181

$

74,362,548

$

5,805,778

$

9,884,308

$

4,505,120

$

16,162,646

$

6,908,492

$

12,504,790

$

6,380,690

$

4,437,543

$

3,928,181

$

70,517,548

Section 35. Secretary of State. Budget Unit: Secretary of State ..........................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Election Expenses ...........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

21,690,086 14,328,473 2,570,784
235,200 146,403 77,428 725,147 2,242,319 274,476 589,856 500,000 21,690,086 21,690,086

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

$

3,085,808

$

4,933,553

$

4,186,667

$

1,148,709

$

938,056

$

196,986

$

7,200,307

$

21,690,086

$

3,085,808

$

4,933,553

$

4,186,667

$

1,148,709

$

938,056

$

196,986

$

7,200,307

$

21,690,086

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 S.B. of Chiropractic
Examiners State Construction Industry
Licensing Board

$

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

MONDAY, FEBRUARY 12, 1990

S.B. of Cosmetology G.B. of Dentistry G.B. of Examiners of
Licensed Dieticians S.B. of Professional
Engineers and Land Surveyors S.B. of Registration for Foresters S.B. of Funeral Services S.B. of Registration for Professional Geologists S.B. of Hearing Aid Dealers and Dispensers G.B. of Landscape Architects S.B. for the Certification of Librarians Georgia Composite Board of Professional Counselors,
Social Workers and Marriage and Family Therapists Composite S.B. of Medical Examiners S.B. of Nursing Home Administrators G.B. of Nursing S.B. of Dispensing Opticians S.B. of Examiners in Optometry S.B. of Occupational Therapy S.B. of Pharmacy 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

$

49,500

$

$

63,750

$

$

10,000

$

$

88,300

$

$

3,800

$

$

26,000

$

$

6,800

$

$

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

$

B. Budget Unit: Real Estate Commission .........................................$

995
896,635 306,785 18,144
391,463 29,406 188,170 16,994 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 1,546,764

996

JOURNAL OF THE HOUSE,

Real Estate Commission Budget: Personal Services: ............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

877,045 139,235
12,000 16,734 10,330 227,170 116,250 47,000 101,000 1,546,764 1,546,764

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$

1,546,764

$

1,586,764

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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

1,789,279
825,066 119,206 55,000
0 11,516 6,635 42,660 17,500 155,300 556,396 1,789,279 1,789,279

Section 37. Student Finance Commission. Budget Unit: Student Finance
Commission ..............................................................$ Administration Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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............................................................................................$

21,819,394
3,975,904 373,300 65,800 0 19,395 285,000 125,000 17,500 381,625
4,110,000 14,588,227 5,020,320
42,000
108,000 200,000
407,000

MONDAY, FEBRUARY 12, 1990

997

Paul Douglas Teacher Scholarship ...................................................................................$
Total Funds Budgeted....................................................................$
State Funds Budgeted ....................................................................$

454,300 30,173,371 21,819,394

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

$

24,929,847

$

30,173,371

$

0

$

381,625

$

21,437,769

$

21,819,394

Section 38. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Equipment ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Cost-of-Living Increases for Local
Retirement System Members ....................................................$ Floor Fund for Local
Retirement Systems ....................................................................$ Post Retirement Benefit
Increases for Retirees..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

3,537,500
2,785,099 286,917 26,000 14,275
1,017,619 309,375 110,368 336,000
2,700,000
837,500
0 8,423,153 3,537,500

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 ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

128,138,956
3,665,201 327,613 117,000 0 44,400
1,838,216 398,000 56,185
1,017,000 76,414,987 10,872,006 8,284,519
6,029,286 27,116,806
2,709,714 7,008,143 145,899,076 128,138,956

998

JOURNAL OF THE HOUSE,

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

7,463,615

$

138,435,461

$

145,899,076

$

6,334,024

$

121,804,932

$

128,138,956

Section 40. Department of Transportation. Budget Unit: Department of
Transportation ........................................................$ For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

656,474,194
218,651,528 52,471,244 1,718,000 1,020,000 5,986,095 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 45,741,427 990,133,219 656,474,194

Department of Transportation Functi'onal 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

$

553,325,560

$

192,098,526

$

8,209,064

$

9,317,013

$

20,828,610

$

900,000

$

784,678,773

$

252,402,839

$

181,021,908

$

7,548,964

$

9,317,013

$

20,157,610

$

900,000

$

471,348,334

General Funds Budget

Total Funds

State Funds

Grants to Municipalities Paving at State and
Local Schools and State Institutions

$

9,317,000

$

$

750,000

$

317,000 750,000

MONDAY, FEBRUARY 12, 1990

999

Air Transportation Inter-Modal Transfer
Facilities Harbor Maintenance
Activities Planning and Construction Maintenance and Betterments Total

$

2,450,166

$

15,022,114

$

1,263,500

$

136,651,666

$

40,000,000

$

205,454,446

$

1,180,166

$

4,963,528

$

1,263,500

$

136,651,666

$

40,000,000

$

185,125,860

Section 41. Department of Veterans Service. Budget Unit: Department of Veterans
Service ......................................................................$ Departmental Operations Budget:
Personal Services .............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ....................................................................$

19,657,253
4,692,023 111,080 89,000 0 67,100 6,500 223,102 60,000 41,700 0
12,665,369
5,721,230
271,000 23,948,104 19,657,253

Veterans Service Functional Budgets

Total Funds

State Funds

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

$

5,239,905

$

12,877,969

$

5,830,230

$

23,948,104

$

5,012,097

$

10,146,926

$

4,498,230

$

19,657,253

Section 42. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board ........................................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Georgia Crime Victims
Assistance Program .....................................................................$ Total Funds Budgeted....................................................................$

8,069,365
6,489,795 297,625 65,250 0 21,715 328,305 608,000 103,695 179,980
50,000 8,144,365

1000

JOURNAL OF THE HOUSE,

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

8,069,365

Section 43. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund ...........................................................$ General Obligation Debt Sinking Fund for issues prior to December 31, 1989 ...................................$ General Obligation Debt Sinking Fund for proposed issues described in Section 75 .................................................................$
State Funds Budgeted...............................................................$

353,931,706 306,431,706
47,500,000 353,931,706

Section 44. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and 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 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 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 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.

From the appropriations in Section 5, a specific sum is hereby appropriated and designated 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 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 48. 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

MONDAY, FEBRUARY 12, 1990

1001

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 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 50. Provisions Relative to Section 12. Department of Agriculture. It is the intent of this General Assembly that the $3,000,000 appropriated to the Department of Agriculture for the Boll Weevil Eradication Program by utilized solely for the purpose of paying $10 per acre of the $35 per acre fee to be paid by Georgia cotton growers participating in the 1990 Cotton Boll Weevil Eradication Program. In the event the application total exceeds the availability of funds, approved payments shall be made on a prorate basis.
Section 51. Provisions Relative to Section 15, Department of Corrections. The Department of Corrections is authorized to utilize available funds to obtain, improve and begin operations of a correctional facility in Clinch County, Georgia.
The Department of Corrections is authorized to utilize available funds to enlarge its egg production facilities.
The Commissioner of the Department of Corrections is instructed and authorized to negotiate for lower sewer and water rates at facilities for which the department is bearing the cost of impact fees.
Section 52. 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 allotments 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.
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 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 Regional Development Commission 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.

1002

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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 designated 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 53. Provisions Relative to Section 22, Department of Human Resources. The Department of Human Resourses is authorized to calculateall 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 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 $ 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.

Section 54. Provisions Relative to Section 24, Department of Insurance. Provided that the Department of Insurance is authorized to transfer other object class surpluses in a total amount not to exceed $250,000 to Computer Charges for a contract with the Department of Administrative Services or a private provider without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.

Section 55. 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%) of salaries for the first nine months of State Fiscal Year 1990, and shall not exceed seven percent (7% ) of salaries for the final three months of such fiscal year

Section 56. Provisions Relative to Section 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for
in Section 29. From the appropriation in Section 29 (Department of Natural Resources) relative to
Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural

MONDAY, FEBRUARY 12, 1990

1003

Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Development Commissions which employ Preservation Planners as of July, 1989.

Section 57. Provisions Relative to Section 30, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instructors utilizing federal funds.

Section 58. Provisions Relative to Section 33, Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.

Section 59. Provisions Relative to Section 34, Department of Revenue. From the appropriation in Section 34 (Department of Revenue) relating to motor vehicle tag and decal purchases the department is authorized to use available funds for the purchase of either 1983 or 1990 motor vehicle tags.

Section 60. 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 Technical and Adult Education.

Section 61. Provisions Relative to Section 40, Department of Transpor-

tation. For this and all future general appropriations acts, it is the intent of this Gen-

eral Assembly that the following provisions apply:

a.) In order to meet the requirements for projects on the Interstate System, the Office

of Planning and Budget is hereby authorized and directed to give advanced budgetary

authorization for letting and execution of Interstate Highway Contracts not to exceed the

amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart-

ment of Administrative Services.

b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi-

tional appropriations or balances brought forward from previous years subject 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 pay-

able in lieu of the Motor Fuel Tax Funds appropriated in Section 40 of this Bill, in the

event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel

Tax Appropriation.

e.) Functions financed with General Fund appropriations shall be accounted for sepa-

rately and shall be in addition to appropriations of Motor Fuel Tax revenues required

under Article Ill, Section IX, Paragraph VI, Subsection (b) of the State Constitution.

f.) Bus rental income may be retained to operate, maintain and upgrade department-

owned buses, and air transportation service income may be retained to maintain and

upgrade the quality of air transportation equipment.



1004

JOURNAL OF THE HOUSE,

g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 62. In addition to all other appropriations for the State fiscal year ending June 30, 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 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 64. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 65. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of 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 66. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
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.
It is the intent of this General Assembly that unexpended appropriations to the Georgia General Obligation Debt Sinking Funds at June 30, 1990, be reserved for payment of General Obligation Debt in the succeeding State Fiscal Year.

MONDAY, FEBRUARY 12, 1990

1005

Section 67. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 68. 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 69. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal Funds.
Section 70. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly.
Section 71. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each 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. 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 72. (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, as amended, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For the purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

1006

JOURNAL OF THE HOUSE,

Section 73. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 74. 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 75. 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", the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,375,000 is specifically appropriated for the purpose of financing equipment, furnishings, repairs and renovations for teaching institutions of the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $11,395,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, to wit: unfunded capital outlay for incentive advanced funding for local school systems, through the issuance of not more than $45,580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $29,355,000 is specifically appropriated for the purpose of financing penal and correctional facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connectio n therewith, through the issuance of not more than $117,420,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,375,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose qf financing loans to local governments and local government entities for water and sewer systems, through the issuance of not more than $13,500,00 in principal amount of General Obligation Debt.
Section 76. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1990 .................................................................................$ 7,643,807,302
Section 77. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

MONDAY, FEBRUARY 12, 1990

1007

Section 78. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House adopt the report of the Committee of Conference on HB 1288.
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 Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates .Y Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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 YDunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooks
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 Y Long
Y Lord Y Lucas Y Lupton YMangum Y Martin Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 166, nays 1. The motion prevailed.

McKinney,B Y McKinney,C
Y Meadows Milaro
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell
YParharn Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell
Randall Y Ranaom 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 YSmith,W Y Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens
Y Streat Y Teper Y Thomas,C YThomas,M YThompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall
Ware Y Watson Y Watta
White Wilder YWilliarns,B Y Williarns,J Y Yates Y Yeargin Murphy,Spkr

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 Howren of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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:

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HB 1355.

By Representatives Green of the 106th, Watson of the 114th, Kilgore of the 42nd, Ricketson of the 82nd and Smith of the 156th:
A bill to amend Code Section 40-8-27 of the Official Code of Georgia Annotated, relating to the requirement for a light or flag on a projecting load, so as to require an amber light on all loads of logs projecting beyond the rear of a motor vehicle.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-8-27 of the Official Code of Georgia Annotated, relating to the requirement for a light or flag on a projecting load, so as to require a flourescent orange flag not less than 18 inches square on certain loads projecting beyond the rear of a motor vehicle; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-8-27 of the Official Code of Georgia Annotated, relating to the requirement for a light or flag on a projecting load, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-8-27 to read as follows:
"40-8-27. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear
m end of the load, at the times speeified Gede Seetitm 4G-8-00 all times, a red light
plainly visible from a distance of at least 500 feet to the sides andrear. The red light required under this Code section shall be in addition to the red rear light required upon every vehicle. M fiftY 6ther time In addition, there shall be displayed at the extreme rear end of such load a red flourescent orange flag or cloth not less than 14! 18 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear."
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 Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Bostick

Y Branch
Y Breedlove
Brooks Y Brown Y Buck
Buford Y Byrd Y Campbell
N Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman N Colwell Y Connell Y Couch 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
N Dover
Dunn
Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene Gresham
Y Griffin

Y Groover Y Hamilton
N Hanner Y Harris
Hasty Y Heard Y Herhert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Y Irwin
Y laskson 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 Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows Y Milaro Y Mobley Y Moody Y Morton

MONDAY, FEBRUARY 12, 1990

1009

Y Moultrie
Y Mueller N Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit Y Pinkston

Y Poag
Y Porter
Y Poston Y Powell
Randall 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 Y Smyre YSnow Y Stsncil,F Y Stsncil,S
Stsnley
Y Steele

Stephens
Streat Y Teper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle

Y Walker,C Y Walker,L
Y Wall Ware
Y Watson Y Watts
White Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 448. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision standards; to provide vision standards with respect to persons who utilize bioptic telescopes; to provide for restricted licenses with respect to certain persons who use corrective lenses or bioptic telescopes.
The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend SB 448 as follows:
Page 1 ~ line 10
Strike the word "osteopath" Page ~ ~ line 14 Strike the word "osteopath" and insert "optometrist"
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Adams Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Benefield
Benn Y Birdsong

Y Bishop
Y Bostick Y Branch
Y Breedlove Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell

Y Connell Y Couch 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 Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooks Y Howren Y Hudson Ylrwin Y laskson

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 Y Long y Lord
Lucas Y Lupton y Mangum
Y Martin

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Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr

Y Orrock Y Padgett
Pannell
Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter
Y Poston Y Powell
Randall Y Ransom YRay

Y Reaves Redding
Y Richardson
Y Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith,T Y Smith,W
Smyre YSnow

Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens
Streat Y Teper
Thomas,C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs

Y Vaughan
Y Waddle Y Walker,C Y Walker,L
Y Wall YWare Y Watson Y Watts
White
Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Adams of the 79th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to mechanical malfunction, the vote of Representative Benn of the 38th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 796. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the imposition of development impact fees by municipal and county governments; to provide legislative intent; to provide definitions; to provide procedures for the adoption and implementation of such fees; to provide for credits and refunds.

The following Committee substitute was read:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the "Georgia Development Impact Fee Act"; to state a short title and legislative findings; to define terms; to provide that municipalities and counties which have adopted a comprehensive plan containing a capital improvements element are authorized to impose by ordinance development impact fees as a condition of development approval; to provide minimum standards and requirements for ordinances; to provide for development impact fee advisory committees; to provide for receipt, deposit, and expenditure of impact fees; to provide for refunds and appeals; to provide for intergovernmental agreements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Chapter 71 of said title to read as follows:
"CHAPTER 71
36-71-1. (a) This chapter shall be known and may be cited as the 'Georgia Development Impact Fee Act.'

MONDAY, FEBRUARY 12, 1990

1011

(b) The General Assembly finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety, and general welfare of the citizens of the State of Georgia. It is the intent of this chapter to:
(1) Ensure that adequate public facilities are available to serve new growth and development;
(2) Promote orderly growth and development by establishing uniform standards by which municipalities and counties may require that new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development;
(3) Establish minimum standards for the adoption of development impact fee ordinances by municipalities and counties; and
(4) Ensure that new growth and development is required to pay no more than its proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development exactions. 36-71-2. As used in this chapter, the term:
(1) 'Capital improvement' means an improvement with a useful life of ten years or more, by new construction or other action, which increases the service capacity of a public facility.
(2) 'Capital improvements element' means a component of a comprehensive plan adopted pursuant to Chapter 70 of this title which sets out projected needs for system improvements during a planning horizon established in the comprehensive plan, a schedule of capital improvements that will meet the anticipated need for system improvements, and a description of anticipated funding sources for each required improvement.
(3) 'Comprehensive plan' has the same meaning as provided for in Chapter 70 of this title.
(4) 'Developer' means any person or legal entity undertaking development. (5) 'Development' means any construction or expansion of a building, structure, or
use, any change in use of a building or structure, or any change in the use of land, any of which creates additional demand and need for public facilities.
(6) 'Development approval' means any written authorization from a municipality or county which authorizes the commencement of construction.
(7) 'Development exaction' means a requirement attached to a development approval or other municipal or county action approving or authorizing a particular development project, including but not limited to a rezoning, which requirement compels the payment, dedication, or contribution of goods, services, land, or money as a condition of approval.
(8) 'Development impact fee' means a payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development.
(9) 'Encumber' means to legally obligate by contract or otherwise commit to use by appropriation or other official act of a municipality or county.
(10) 'Feepayor' means that person who pays a development impact fee or his successor in interest where the right or entitlement to any refund of previously paid development impact fees which is required by this chapter has been expressly transferred or assigned to the successor in interest. In the absence of an express transfer or assignment of the right or entitlement to any refund of previously paid development impact fees, the right or entitlement shall be deemed 'not to run with the land.'
(11) 'Level of service' means a measure of the relationship between service capacity and service demand for public facilities in terms of demand to capacity ratios or the
comfort and convenience of use or service of public facilities or both.. (12) 'Present value' means the current value of past, present, or future payments,
contributions or dedications of goods, services, materials, construction, or money. (13) 'Project' means a particular development on an identified parcel of land. (14) 'Project improvements' means site improvements. and facilities that are
planned and designed to provide service for a particular development project and that

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are necessary for the use and convenience of the occupants or users of the project and are not system improvements. The character of the improvement shall control a determination of whether an improvement is a project improvement or system improvement and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a project improvement or a system improvement. If an improvement or facility provides or will provide more than incidental service or facilities capacity to persons other than users or occupants of a particular project, the improvement or facility is a system improvement and shall not be considered a project improvement. No improvement or facility included in a plan for public facilities approved by the governing body of the municipality or county shall be considered a project improvement.
(15) 'Proportionate share' means that portion of the cost of system improvements which is reasonably related to the service demands and needs of the project.
(16) 'Public facilities' means: (A) Water supply production, treatment, and distribution facilities; (B) Waste-water collection, treatment, and disposal facilities; (C) Roads, streets, and bridges, including rights of way, traffic signals, landscap-
ing, and any local components of state or federal highways; (D) Storm-water collection, retention, detention, treatment, and disposal facili-
ties, flood control facilities, and bank and shore protection and enhancement improvements;
(E) Parks, open space, and recreation areas and related facilities; (F) Public safety facilities, including police, fire, emergency medical, and rescue facilities; and (G) Libraries and related facilities. (17) 'Service area' means a geographic area defined by a municipality, county, or intergovernmental agreement in which a defined set of public facilities provide service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles or both.
(18) 'System improvement costs' means costs incurred to provide additional public facilities capacity needed to serve new growth and development for planning, design and construction, land acquisition, land improvement, design and engineering related thereto, including the cost of constructing or reconstructing system improvements or facility expansions, including but not limited to the construction contract price, surveying and engineering fees, related land acquisition costs (inchiding land purchases, court awards and costs, attorneys' fees, and expert witness fees), and expenses incurred for qualified staff or any qualified engineer, planner, architect, landscape architect, or financial consultant for preparing or updating the capital improvement element, and administrative costs, provided that such administrative costs shall not exceed 3 percent of the total amount of the costs. Projected interest charges and other finance costs may be included if the impact fees are to be used for the payment of principal and interest on bonds, notes, or other financial obligations issued by or on behalf of the municipality or county to finance the capital improvements element but such costs do not include routine and periodic maintenance expenditures, personnel training, and other operating costs.
(19) 'System improvements' means capital improvements that are public facilities and are designed to provide service to the community at large, in contrast to 'project improvements.' 36-71-3. (a) Municipalities and counties which have adopted a comprehensive plan containing a capital improvements element are authorized to impose by ordinance development impact fees as a condition of development approval on all development pursuant to and in accordance with the provisions of this chapter. After the transition period provided in this chapter, development exactions for other than project improvements shall be imposed by municipalities and counties only by way of development impact fees imposed pursuant to and in accordance with the provisions of this chapter. (b) Notwithstanding any other provision of this chapter, that portion of a project for which a valid building permit has been issued prior to the effective date of a municipal

MONDAY, FEBRUARY 12, 1990

1013

or county development impact fee ordinance shall not be subject to development impact fees so long as the building permit remains valid and construction is commenced and is pursued according to the terms of the permit.
(c) Payment of a development impact fee shall be deemed to be in compliance with any municipal or county requirement for the provision of adequate public facilities or services in regard to the system improvements for which the development impact fee was paid.
36-71-4. (a) A development impact fee shall not exceed a proportionate share of the cost of system improvements, as defined in this chapter.
(b) Development impact fees shall be calculated and imposed on the basis of service areas.
(c) Development impact fees shall be calculated on the basis of levels of service for public facilities that are adopted in the municipal or county comprehensive plan that are applicable to existing development as well as the new growth and development.
(d) A municipal or county development impact fee ordinance shall provide that development impact fees shall be collected not earlier in the development process than the issuance of a building permit authorizing construction of a building or structure; provided, however, that development impact fees for public facilities described in subparagraph (D) of paragraph (16) of Code Section 36-71-2 may be collected at the time of a development approval that authorizes site construction or improvement which requires public facilities described in subparagraph (D) of paragraph (16) of Code Section 36-71-2.
(e) A municipal or county development impact fee ordinance shall include a schedule of impact fees specifying the development impact fee for various land uses per unit of development on a service area by service area basis. The ordinance shall provide that a developer shall have the right to elect to pay a project's proportionate share of system improvement costs by payment of development impact fees according to the fee schedule as full and complete payment of the development project's proportionate share of system improvement costs.
(f) A municipal or county development impact fee ordinance shall be adopted in accordance with the procedural requirements of Code Section 36-71-6.
(g) A municipal or county development impact fee ordinance shall include a provision permitting individual assessments of development impact fees at the option of applicants for development approval under guidelines established in the ordinance.
(h) A municipal or county development impact fee ordinance shall provide for a process whereby a developer may receive a certification of the development impact fee schedule or individual assessment for a particular project, which shall establish the development impact fee for a period of 180 days from the date of certification.
(i) A municipal or county development impact fee ordinance shall include a provision for credits in accordance with the requirements of Code Section 36-71-7.
(j) A municipal or county development impact fee ordinance shall include a provision prohibiting the expenditure of development impact fees except in accordance with the requirements of Code Section 36-71-8.
(k) A municipal or county development impact fee ordinance may provide for the imposition of a development impact fee for system improvement costs previously incurred by a municipality or county to the extent that new growth and development will be served by the previously constructed system improvements.
(l) A municipal or county development impact fee ordinance may exempt all or part of particular development projects from development impact fees provided that such projects are determined to create extraordinary economic development and employment growth or affordable housing, provided that the public policy which supports the exemption is contained in the municipality or county's comprehensive plan and provided that the exempt development's proportionate share of the system improvement is funded through a revenue source other than development impact fees.
(m) A municipal or county development impact fee ordinance shall provide that development impact fees shall only be spent for the category of system improvements for which the fees were collected and in the service area in which the project for which the fees were paid is located.

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(n) A municipal or county development impact fee ordinance shall provide that, in the event a building permit is abandoned, credit shall be given for the present value of the development impact fee against future development impact fees for the same parcel of land.
(o) A municipal or county development impact fee ordinance shall provide for a refund of development impact fees in accordance with the requirements of Code Section 36-71-9.
(p) A municipal or county development impact fee ordinance shall provide for appeals from administrative determinations regarding development impact fees in accordance with the requirements of Code Section 36-71-10.
(q) Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs.
(r) Development impact fees shall be calculated on a basis which is net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are anticipated to be available to pay for system improvements, including taxes, assessments, user fees, and intergovernmental transfers.
36-71-5. (a) Prior to the adoption of a development impact fee ordinance, a municipality or county adopting an impact fee program shall establish a Development Impact Fee Advisory Committee.
(b) Such committee shall be composed of not less than five nor more than ten members appointed by the governing authority of the municipality or county and at least 40 percent of the membership shall be representatives from the development, building, or real estate industries. An existing planning commission or other existing committee that meets these requirements may serve as the Development Impact Fee Advisory Committee.
(c) The Development Impact Fee Advisory Committee shall serve in an advisory capacity to assist and advise the governing body of the municipality or county with regard to the adoption of a development impact fee ordinance. In that the committee is advisory, no action of the committee shall be considered a necessary prerequisite for municipal or county action in regard to adoption of an ordinance.
36-71-6. Prior to the adoption of an ordinance imposing a development impact fee pursuant to this chapter, the governing body of a municipality or county shall cause two duly noticed public hearings to be held in regard to the proposed ordinance. The second hearing shall be held at least two weeks after the first hearing.
36-71-7. (a) In the calculation of development impact fees for a particular project, credit shall be given for the present value of any construction of improvements or contribution or dedication of land or money required or accepted by a municipality or county from a developer or his predecessor in title or interest for system improvements of the category for which the development impact fee is being collected. Credits shall not be given for project improvements.
(b) In the event that a developer enters into an agreement with a county or municipality to construct, fund, or contribute system improvements such that the amount of the credit created by such construction, funding, or contribution is in excess of the development impact fees which would otherwise have been paid for the development project, the developer shall be reimbursed for such excess construction, funding, or contribution from development impact fees paid by other development located in the service area which is benefited by such improvements.
36-71-8. (a) An ordinance imposing development impact fees shall provide that all development impact fee funds shall be maintained in one or more interest-bearing accounts. Accounting records shall be maintained for each category of system improvements and the service area in which the fees are collected. Interest earned on development impact fees shall be considered funds of the account on which it is earned and shall be subject to all restrictions placed on the use of development impact fees under the provisions of this chapter.
(b) Expenditures of development impact fees shall be made only for the category of system improvements and in the service area for which the development impact fee was

MONDAY, FEBRUARY 12, 1990

1015

imposed as shown by the capital improvement element and as authorized by this chapter. Development impact fees shall not be used to pay for any purpose that does not involve system improvements that create additional service available to serve new growth and development.
(c) As part of its annual audit process, a municipality or county shall prepare an annual report describing the amount of any development impact fees collected, encumbered, and used during the preceding year by category of public facility and service area.
36-71-9. Any municipality or county which adopts a development impact fee ordinance shall provide for refunds in accordance with the following provisions:
(1) Upon the request of an owner of property on which a development impact fee has been paid, a municipality or county shall refund the development impact fee if capacity is available and service is denied or if the municipality or county, after collecting the fee when service is not available, has failed to encumber the development impact fee or commence construction within six years after the date that the fee was collected. In determining whether development impact fees have been encumbered, development impact fees shall be considered encumbered on a first-in, first-out (FIFO) basis;
(2) When the right to a refund exists due to a failure to encumber development impact fees, the municipality or county shall provide written notice of entitlement to a refund to the feepayor who paid the development impact fee at the address shown on the application for development approval or to a successor in interest who has given notice to the municipality or county of a transfer or assignment of the right or entitlement to a refund and who has provided a mailing address. Such notice shall also be published within 30 days after the expiration of the six-year period after the date that the development impact fees were collected and shall contain the heading 'Notice of Entitlement to Development Impact Fee Refund';
(3) An application for a refund shall be made within one year of the time such refund becomes payable under paragraph (1) or (2) of this Code section or within one year of publication of the notice of entitlement to a refund under this Code section, whichever is later;
(4) A refund shall include a refund of a pro rata share of interest actually earned on the unused or excess development impact fee collected;
(5) All refunds shall be made to the feepayor within 60 days after it is determined by a municipality or county that a sufficient proof of claim for a refund has been made; and
(6) The feepayor shall have standing to sue for a refund under the provisions of this chapter if there has been a timely application for a refund and the refund has been denied or has not been made within one year of submission of the application for refund to the collecting municipality or county. 36-71-10. (a) A municipality or county which adopts a development impact fee ordinance shall provide for administrative appeals to the governing body or such other body as designated in the ordinance of a determination of the development impact fees for a particular project. (b) A developer may pay a development impact fee under protest in order to obtain a development approval or building permit, as the case may be. A developer making such payment shall not be estopped from exercising the right of appeal provided by this chapter, nor shall such developer be estopped from receiving a refund of any amount deemed to have been illegally collected. (c) A municipality or county development impact fee ordinance may provide for the resolution of disputes over the development impact fee by binding arbitration through the American Arbitration Association or otherwise. 36-71-11. Municipalities and counties which are jointly affected by development are authorized to enter into intergovernmental agreements with each other, with authorities, or with the state for the purpose of developing joint plans for capital improvements or for the purpose of agreeing to collect and expend development impact fees for system improvements, or both, provided that such agreement complies with any applicable state laws.

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36-71-12. This chapter shall not repeal any existing laws authorizing a municipality or county to impose fees or require contributions or property dedications for capital improvements; provided, however, that all local ordinances or resolutions imposing development exactions for system improvements on the effective date of this chapter shall be brought into conformance with this chapter no later than two years from the effective date of this chapter.
36-71-13. (a) Nothing in this chapter shall prevent a municipality or county from requiring a developer to construct reasonable project improvements in conjunction with a development project.
(b) Nothing in this chapter shall be construed to prevent or prohibit private agreements between property owners or developers and municipalities, counties, or other governmental entities in regard to the construction or installation of system improvements and providing for credits or reimbursements for system improvement costs incurred by a developer including interproject transfers of credits or providing for reimbursement for project improvement costs which are used or shared by more than one development project.
(c) Nothing in this chapter shall limit a municipality, county, or other governmental entity which provides water or sewer service from collecting a proportionate share of the capital cost of water or sewer facilities by way of hook up or connection fees as a condition of water or sewer service to new or existing users, provided that the development impact fee ordinance of a municipality or county that collects development impact fees pursuant to this chapter shall include a provision for credit for such hook up or connection fees collected by the municipality or county to the extent that such hook up or collection fee is collected to pay for system improvements.
(d) Nothing in this chapter shall apply to any water board or authority created or established pursuant to an Act of the General Assembly of Georgia, and nothing herein shall be deemed to affect or be a limitation or restriction on the operations of any such board or authority."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative McDonald of the 12th moves to amend the Committee substitute to HB 796 as follows:
On page 5 delete lines 23 thru 28.

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

Y Aaron N Abernathy Y Adams N Aiken
Alford Y Allen Y Athon N Atkins Y Bailey N Baker N Balkcom Y Bannister N Barfoot Y Bargeron N Bamett,B N Barnett,M Y Bates
Beck

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

Y Childers Clark,B
NClark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby N Cummings,B
Cummings,M Y Davis,C N Davis,G N Davis,M N Dixon,H N Dixon,S N Dobbs

Y Dover YDunn
Edwarde Y Ehrhart
Felton N Fennel Y Floyd,J.M Y Floyd,J.W Y Foster N Godbee N Goodwin Y Green N Greene N Gresham Y Griffm
N Groover N Hamilton Y Hanner

Y Harris N Hasty N Heard
N Herbert Y Holcomb NHolland
N Holmes NHooks
Howren
Y Hudson Y Irwin N Isakson N Jackson,J Y Jackson,W Y Jamieson N Jenkins N Johnson N Jones

MONDAY, FEBRUARY 12, 1990

1017

Y Kilgore N Kingston N Lane,D Y Lane,R Y Langford
N Lawrence N Lawson YLee N Linder
Long Lord Y Lucas
N Lupton Y Mangum N Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B
N McKinney,C Y Meadows NMilam N Mobley N Moody N Morton N Moultrie N Mueller Y Oliver,C N Oliver,M N Orr N Orrock Y Padgett N Pannell Y Parham Y Parrish N Patten

Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell
Randall Y Ransom y Ray
Y Reaves N Redding N Richardson Y Ricketson N Robinson N Royal Y Selman Y Simpson N Sinkfield

Y Smith,L
N Smith,P Smith,T
N Smith,W N Smyre NSnow
Y Stancil,F Y Stancil,S
Stanley N Steele Y Stephens N Streat N Teper
Thomas,C YThomas,M YThompson
Thurmond N Titus

On the adoption of the amendment, the ayes were 72, nays 88. The amendment was lost.

N Tolbert N Townsend y Twiggs
N Vanghan N Waddle N Walker,C N Walker,L Y Wall N Ware Y Watson N Watts
White N Wilder NWilliams,B N Williams,J N Yates Y Yeargin
Murphy,Spkr

The Committee substitute was adopted.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen
Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates Y Beck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks N Brown Y Buck
Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance N Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman N Colwell N Connell Y Couch Y Crawford N 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,J.M Y Floyd,J.W N Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham N Griffin Y Groover
Y Hamilton Y Hanner

N Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks
Howren Y Hudson Y Irwin Y Isakson Y Jackson,J N 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 YLee Y Linder
Long
Y Lord N 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 Morton Y Moultrie
Mueller Y Oliver,C
Y Oliver,M Y Orr Y Orrock N Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Pinkston N Poag
Y Porter Y Poston N Powell
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 Smith,T
Y Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens
Streat Y Teper YThomas,C Y Thomas,M Y Thompson
YThurmond Y Titus Y Tolbert Y Townsend N Twiggs Y Vanghan
YWaddle Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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Representative Howren of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

MONDAY, FEBRUARY 12, 1990

1019

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and adopted:
HR 826. By Representatives Herbert of the 76th, Cummings of the 17th, Jamieson of the 11th, Dover of the 11th, Twiggs of the 4th and others: A resolution commending Dr. Charles H. Green.
HR 827. By Representatives Buck of the 95th, Murphy of the 18th, Lee of the 72nd, Connell of the 87th, McDonald of the 12th and others: A resolution declaring February 28, 1990, to be North Georgia College Military Scholarship Day.
HR 828. By Representative Greene of the 130th: A resolution commending Ronnie Crimes.
HR 829. By Representatives Redding of the 50th, McKinney of the 35th, McKinney of the 40th, Walker of the 85th, Lucas of the 102nd and others: A resolution commending Honorable Tyrone Brooks.
The following Resolution of the House was read and referred to the Committee on Natural Resources:
HR 830. By Representatives Langford of the 7th, Long of the 142nd, Hanner of the 131st, Titus of the 143rd, Bostick of the 138th and others: A resolution urging the House Committee on Natural Resources to study the Cane toad licking problem.
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 776. By Representative Jones of the 71st: A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to change the provisions relating to alternative dates and provisions for interest and final settlements of ad valorem taxes.
The following Committee substitute was read and adopted:
A BILL To amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to change the provisions relating to alternative dates and provisions for interest and final settlements of ad valorem taxes; to provide that the governing authority of any county, with the approval of the tax collector or tax commissioner, may provide by resolution that all taxes due the state or the county remaining

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unpaid either on November 15 or December 1 of each year as specified in such resolution shall bear interest; to provide for reports and settlements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, is amended by striking Code Section 48-5-150, relating to alternative provisions for interest and final settlements, and inserting in lieu thereof a new Code Section 48-5-150 to read as follows:
"48-5-150. (a) The governing authority of any county, with the approval of the tax collector or tax commissioner, may provide by resolution that all taxes due the state or
the county remaining unpaid either on November 15 Q! December .! in each year ~
specified !!! such resolution shall bear interest at the rate specified in Code Section 48-2-40 from the date specified !!! the resolution N6ember -1:5. The tax collector or tax commissioner shall collect the interest on the unpaid taxes and account for such interest in his final settlement.
(b) On N6>ember -1:5 the date specified!!! the resolution in each year in the counties in which the governing authority, with the approval of the tax collector or tax commissioner, has changed t6 N6vember -1:5 the date on which state and county taxes are due, the tax collector or tax commissioner shall furnish to the commissioner and to the county governing authority a report showing the amount of state taxes and the amount of county taxes remaining unpaid on the tax digest. Every 30 days thereafter until a final settlement is made with both the state and the county, the tax collector or tax commissioner shall furnish to the commissioner and the county governing authority a report showing the amount of state taxes collected and the amount of county taxes collected after N6vember -1:5 the date specified !!! the resolution to the date of rendering the report. Each report shall show also the amount of interest collected from delinquent or defaulting taxpayers.
(c) Each tax collector or tax commissioner in counties in which the governing authority, with the approval of the tax collector or tax commissioner, has changed t6 Ntwember Hi the date on which state and county taxes are due shall make final settlements with both the state and the county within four months after N6>ember -1:5 the date specified in the resolution of the year in which the taxes become due, unless the time for the settlement is extended by the commissioner as authorized by Code Section 48-5-154. Upon failure of any tax collector or tax commissioner to make final'settlement within the time provided in this subsection, the tax collector or tax commissioner shall forfeit one-fourth of his commissions unless some good and sufficient reason rendering the making of the final settlement impossible is given."
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 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 502. By Representatives Martin of the 26th, Oliver of the 53rd and Teper of the 46th:
A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Condominium Act," so as to provide for the resolution of inconsistencies between condominium instruments; to provide for compliance with rules and regulations adopted by condominium associations; to prohibit the disproportionate allocation of common expenses.

MONDAY, FEBRUARY 12, 1990

1021

The following Committee substitute was read:

A BILL
To amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Anno-. tated, known as the "Georgia Condominium Act," so as to provide for the resolution of inconsistencies between condominium instruments; to provide for compliance with rules and regulations adopted by condominium associations; to prohibit the disproportionate allocation of common expenses; to change provisions relative to the assignment and reassignment of limited common elements; to provide that the relocation of boundaries between units shall not require a vote of the unit owners under certain circumstances; to provide procedures for the amendment of condominium instruments; to provide that an amendment to a condominium instrument shall be presumed valid if a lawsuit involving the validity of the amendment is filed more than one year after the recording of the amendment; to provide for burden of proof and a statute of limitations with regard to challenges to the validity of amendments; to provide for the allocation of insurance deductibles; to clarify that termination provisions may be contained in association contracts; to change certain powers of condominium associations; to provide for liability insurance coverage to be maintained by associations; to provide that delinquent service charges for services rendered by the association at the unit owner's request shall constitute a lien on the affected condominium unit; to provide for the rate of interest on delinquent assessments; to change provisions relative to the time when a purchaser of a unit may bring an action for damages against a seller; 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 3 of Title 44, known as the "Georgia Condominium Act," is amended by striking subsection (c) of Code Section 44-3-75, relating to the construction and validity of condominium instruments, and inserting in its place a new subsection (c) to read as follows:
"(c) In the event of any inconsistency between this article and the provisions of any
declaration, this article shall control. Unless otherwise provided !!! the condominium instruments, !!! the event Qf ~ inconsistency between the declaration and the provi-
sions Qf ~bylaws Qf the association, the declaration shall control."
Section 2. Said article is further amended by striking Code Section 44-3-76, relating to compliance with condominium instruments, and inserting in its place a new Code Section 44-3-76 to read as follows:
"44-3-76. Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, ~ unit owner and all those entitled !Q occupy !! unit shall comply with ~ reasonable rules 2! regulations adopted Qy the association pursuant !Q the condominium instruments which have been
provided !Q the unit owners and with the lawful provisions Qf bylaws Qf the association.
Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved unit owners, on their own behalf or as a class action. If and to the extent provided in the declaration, the association shall be empowered to impose and assess fines and suspend temporarily the right of use of certain of the common elements in order to enforce such compliance; provided, however, that no such suspension shall deny any unit owner or occupants access to the unit owned or occupied nor cause any hazardous or unsanitary condition to exist."
Section 3. Said article is further amended by striking paragraphs (2) and (3) of subsection (b) of Code Section 44-3-80, relating to liability for common expenses and assessments, and inserting new paragraphs (2), (3), and (4) to read as follows:
"(2) Any other common expenses occasioned by the conduct of less than all of those entitled to occupy all of the units or by the licensees or invitees of any such unit or

1022

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units shall be specially assessed against the condominium unit or units, the conduct of any occupant, licensee, or invitee of which occasioned any such common expenses; flftd
(3) Any other common expenses significantly disproportionately benefiting all of the units shall be assessed equitably among all of the condominium unitsi and ~
(4) Other than for limited common elements expressly designated ~such!!!_ the con-
dominium instruments and assigned !Q fewer than all units, nothing contained .!!! para!IT.!!Ph ill or ill of this subsection shall permit an association to specially or
disproportionately allocate common expenses for periodic maintenance, repair, and replacement Qf !!!!Y portion Qf the common elements Q! the units which the association has the obligation !Q maintain, repair, Q! replace."
Section 4. Said article is further amended by striking subsections (b) and (c) of Code Section 44-3-82, relating to assignments and reassignments of limited common elements, and inserting in their place new subsections (b) and (c) to read as follows:
"(b) Unless expressly prohibited by the condominium instruments, a limited common element may be reassigned upon written application to the association by the tHtit owners wh6se ttSe ttf of units to which the limited common element is 61' mey be direetly ttffeeted by the reasstgftffiefit appertains and the owners Qf units !Q which the limited common element !!:; being reassigned. The association shall immediately prepare and execute an amendment to the declaration reassigning all rights and obligations with respect to the limited common element involved. Such amendment shall be delivered immediately to the tHtit owners of the units wh6se ttSe ttf to which the limited common element is 61' fftftY be direetly ttffeeted by the reassignmentappertains and the owners Qf units !Q which the limited common element !!:; being reassigned and upon payment by them of all reasonable costs for the preparation, execution, and recordation thereof. The amendment shall become effective when the association and the tHtit owners of the units wh6se ttSe ttf !Q which the limited common element is 61' mey be direetly ttffeeted by the reassignment appertains and the owners Qf units !Q which the limited common element!!:; being reassigned have executed and recorded the same. No vote Qf the unit owners shall be necessary for the amendment provided !!!_ this Code section !Q be executed
.!:!Y the association.
(c) A common element not previously assigned as a limited common element shall be so assigned only pursuant to the declaration. The amendment to the declaration making such an assignment shall be prepared and executed by the association. The amendment shall be delivered to the unit owner or owners direetly ttffeeted by to whose unit the assignment !! being made and upon payment by them of all reasonablecosts for the preparation, execution, and recordation thereof. The amendment shall become effective after execution by the association and such unit owner or owners and recordation, and the recordation thereof shall be conclusive evidence that the method prescribed pursuant
to the declaration was adhered to. Unless otherwise required .!:!Y the condominium instruments, no vote Qf the unit owners shall be necessary for the amendment provided !!! this Code section !Q be executed .!:!Y the association."
Section 5. Said article is further amended by striking subsection (b) of Code Section 44-3-91, relating to the relocation of boundaries between units, and inserting in its place a new subsection (b) to read as follows:
"(b) If the unit owners of adjoining units whose respective boundaries may be relocated desire to relocate those boundaries, the association shall, upon written application of the unit owners and the written consent of the mortgagees of the units involved, immediately prepare and execute appropriate instruments pursuant to subsections (c) and (d) of this Code section. No vote Qf the unit owners shall be necessary for the
amendments provided!!!_ this Code section !Q be executed .!:!Y the association."
Section 6. Said article is further amended by striking subsection (b) of Code Section 44-3-92, relating to the subdivision of condominium units, and inserting in its place a new subsection (b) to read as follows:
"(b) If the unit owner of any unit which may be subdivided desires to subdivide the unit, the association, upon written application of the subdivider, as the unit owner shall

MONDAY, FEBRUARY 12, 1990

1023

henceforth be referred to in this Code section, and the written consent of the mortgagees of the unit, shall immediately prepare and execute appropriate instruments pursuant to subsections (c) and (d) of this Code section. No vote of the unit owners shall be neces-
~ for the amendments provided !!! this Code section !Q be executed Qy: the associa-
tion."
Section 7. Said article is further amended by striking Code Section 44-3-93, relating to the amendment of condominium instruments, and inserting in its place a new Code Section 44-3-93 to read as follows:
"44-3-93. (a) (1) Except to the extent expressly permitted or required by other provisions of this article, the condominium instruments shall be amended only by the agreement of unit owners of units to which two-thirds of the votes in the association pertain or such larger majority as the condominium instruments may specify; provided, however, that, during any such time as there shall exist an unexpired option to add any additional property to the condominium or during any such time as the declarant has the right to control the association pursuant to Code Section 44-3-101, the agreement shall be that of the declarant and the unit owners of units to which two-thirds of the votes in the association pertain, exclusive of any vote or votes appurtenant to any unit or units then owned by the declarant, or a larger majority as the condominium instruments may specify.
(2) Except !Q the extent expressly permitted Q!: required Qy other provisions Q! this article, from and after ~ !_, 1990, no amendment Q! !! condominium instrument shall require approval Q! more than 80 percent Qf the unit owners and the mortgagees Qf units holding 80 percent Q! the voting interest !!! the association; provided, however, that the provisions Q! !!!!J condominium instrument !!! effect on July !_, 1990, which
provides for !! majority !!! excess Q! 80 percent shall not be affected .Q! modified ~ the provisions Q! this paragraph !f Qy: ~ !_, 1991, the association and those mortga-
~ permitted !Q vote on amendments vote Qy the majority required for an amend-
ment ~ specified !!! the condominium instrument !Q retain the existing requirements for amendments; and provided, further, !f no such vote Qy: the required majority
occurs, those provisions requiring more than 80 percent shall be deemed !Q require Q!!!y 80 percent Q! the voting interests. This paragraph shall not be deemed !Q elimi-
nate Q!: modify !!!!J right Q! the declarant provided for !!! the condominium instru-
ments !Q approve amendments to the condominium instruments so long as the declarant owns !!!!J unit primarily for the purpose Q! sale and, furthermore, this paragraph shall not be construed ~ modifying Q!: altering the rights Q! !! mortgagee set forth elsewhere in this article. (b)If none of the units in the condominium are restricted exclusively to residential use, the condominium instruments may specify a majority smaller than the minimum
specified by subsection (a) of this Code section. (c) Except to the extent expressly permitted or required by other provisions of this
article or agreed upon by all unit owners and the mortgagees of all condominium units, no amendment to the condominium instruments shall change the boundaries of any unit, the undivided interest in the common elements pertaining thereto, the number of votes
in the association pertaining thereto, or the liability for common expenses pertaining
thereto. (d) Agreement of the required majority of unit owners to any amendment of the con-
dominium instruments shall be evidenced by their execution of the amendment. In the
alternative, provided that the declarant does not then have the right to control the asso-
ciation pursuant to Code Section 44-3-101, the sworn statement of the president, of any
vice-president, or of the secretary of the association attached to or incorporated in an
amendment executed by the association, which sworn statement states unequivocally
that agreement of the required majority was otherwise lawfully obtained, shall be suffi-
cient to evidence the required agreement. Any such amendment of the condominium
instruments shall become effective only when recorded or at such later date as may be
specified in the amendment itself.
~ !!!!J court suit Q!: action where the validity Qf the adoption Qf an amendment
!Q !! condominium instrument ~ !!! issue, the adoption Q! the amendment shall be ~ sumed valid !f the suit ~ commenced more than one year after the recording Q! the

1024

JOURNAL OF THE HOUSE,

amendment on the public record. In such cases, the burden Qf proof shall be upon the

party challenging the validity Qf the adoption Qf the amendment."

-

Section 8. Said article is further amended by striking Code Section 44-3-94, relating to the damage or destruction of condominium units, and inserting in its place a new Code Section 44-3-94 to read as follows:
"44-3-94. Unless otherwise provided in the condominium instruments, in the event of damage to or destruction of any unit, the association shall cause the unit to be restored.
Unless otherwise provided !!! the condominium instruments, ftftd any funds required for
such restoration in excess of the insurance proceeds attributable thereto shall be paid by the unit owner of the unit; provided, however, that, in the event that the unit owner of the unit together with the unit owners of other units to which two-thirds of the votes in the association pertain agree not to restore the unit, the unit shall not be restored and the entire undivided interest in the common elements pertaining to that unit shall then pertain to the remaining units, to be allocated to them in proportion to their undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a part of the common elements. Votes in the association and liability for future common expenses shall thereupon pertain to the remaining units, being allocated to them in proportion to their relative voting strength in the association and liability
for common expenses, respectively. As !2 insurance required !2 be maintained .\1y the association under this article and !2 the extent provided for !!! the condominium instruments, the association !!!!!Y allocate equitably the payment Qf !! reasonable insurance
deductible between the association and the unit owners affected .\1y !! casualty against
which the association ~ required !2 insure; provided, however, that the amount .2f deductible which can be allocated !2 !!!!Y one unit owner shall not exceed $1,000.00 ~ casualty loss. The existence Qf ~ reasonable deductible !!! !!!!Y required insurance policy shall not be deemed!! failure !2 maintain insurance~ required .\1y this Code section."

Section 9. Said article is further amended by striking subsection (c) of Code Section 44-3-101, relating to the control of a condominium association and the surrender of control to the unit owners, and inserting in its place a new subsection (c) to read as follows:
"(c) In addition !2 !!!!Y right Qf termination set forth therein, ~ AFty management
contract, any lease of recreational area or facilities, or any other contract or lease executed by or on behalf of the association during the period of the declarant's right to control the association pursuant to subsection (a) of this Code section shall be subject to cancellation and termination at any time during the 12 months following the expiration of such control period by the affirmative vote of the unit owners of units to which a majority of the votes in the association pertain, unless the unit owners by a like majority shall have theretofore, following the expiration of such control period, expressly ratified and approved the same."

Section 10. Said article is further amended by striking Code Section 44-3-106, relating to the powers and responsibilities of a condominium association, and inserting in its place a new Code Section 44-3-106 to read as follows:
"44-3-106. (a) Except to the extent prohibited by the condominium instruments and subject to any restrictions and limitations specified therein, the association shall have the power to:
(1) Employ, retain, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the association;
(2) Make or cause to be made additional improvements on and as a part of the common elements; and
(3) Grant or withhold approval of any action by one or more unit owners or other persons entitled to occupancy of any unit if such action would change the exterior appearance of any unit or of any other portion of the condominium or elect or provide for the appointment of an architectural control committee to grant or withhold such approval. (b) Except to the extent prohibited by the condominium instruments and subject to any restrictions and limitations specified therein, the association shall have the irrevocable power, as attorney in fact on behalf of all unit owners and their successors in title,

MONDAY, FEBRUARY 12, 1990

1025

to grant easements, leases, and licenses through or over the common elements, to accept easements1 leases, and licenses benefiting the condominium or any portion thereof, and to acquire or lease property in the name of the association as nominee for all unit owners. Property so acquired by the association as nominee for the unit owners, upon the recordation of the deed thereto or other instrument granting the same, shall automatically and without more, and for all purposes, including, without limitation, taxation, be a part of the common elements. The association shall also have the power to acquire, lease, and own in its own name property of any nature, real, personal, or mixed, tangible or intangible; to borrow money; and to pledge, mortgage, or hypothecate all or any portion of the property of the association for any lawful purpose within the association's inherent or expressly granted powers. Any third party dealing with the association shall be entitled to rely in good faith upon a certified resolution of the board of directors of the association authorizing any such act or transaction as conclusive evidence of the authority and power of the association so to act and of full compliance with all restraints, conditions, and limitations, if any, upon the exercise of such authority and
power. The provisions 2f Code Section 44-2-2 notwithstanding, ~such actions taken _Qy the association ~ attorney !!! fact on behalf 2f all unit owners and their successors !!! title shall be effective record notice !Q third parties !! recorded !!! the name 2f the
association ~ that name~ reflected!!! the recorded declaration 2! ~ recorded amend-
ments thereto. Such recorded document shall not require !1: listing 2f the names 2f the unit owners 2! their successors !!! title Q! assigns.
(c) The association shall have the power to amend the condominium instruments, the articles of incorporation, and the bylaws of the association or any of them in such respects as may be required to conform to this article, to any other applicable law, or to the declaration.
(d) In addition to any other duties and responsibilities as this article or the condominium instruments may impose, the association shall keep:
(1) Detailed minutes of all meetings of the members of the association and of the board of directors;
(2) Detailed and accurate financial records, including itemized records of all receipts and expenditures; and
(3) Any books and records as may be required by law or be necessary to reflect accurately the affairs and activities of the association. (e) This Code section shall not be construed to prohibit the grant or imposition of other powers and responsibilities to or upon the association by the condominium instruments. (f) Except to the extent otherwise expressly required by this article, by Chapter 2 or 3 of Title 14, by the condominium instruments, by the articles of incorporation, or by the bylaws of the association, the powers inherent in or expressly granted to the association may be exercised by the board of directors, acting through the officers, without any further consent or action on the part of the unit owners.
(g) A tort action alleging or founded upon negligence or willful misconduct by any agent or employee of the association or in connection with the condition of any portion of the condominium which the association has the responsibility to maintain shall be brought against the association. No unit owner shall be precluded from bringing such an action by virtue of his ownership of an undivided interest in the common elements or by virtue of his membership in the association. A judgment against the association arising from a tort action shall be a lien against the property of the association.
(h) The association shall have the capacity, power, and standing !Q institute, inter-
vene !!!, prosecute, represent !!!, Q! defend, !!! its own name, litigation, administrative Q! other proceedings 2f ~ kind concerning claims 2! other matters relating .!Q _1!!!Y .QQ!: tions 2f the units Q! common elements which the association has the responsibility !<:J
administer, repair, Q! maintain."
Section 11. Said article is further amended by striking paragraph (2) of Code Section 44-3-107, relating to requirements for insurance coverage, and inserting in its place a new paragraph (2) to read as follows:

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JOURNAL OF THE HOUSE,

"(2) A liability insurance policy or policies, in amounts specified by the condominium instruments but not in amounts less than $500,000.00 for injury, including death, to a single person; $1,000,000.00 $1 million for injury or injuries, including death, arising out of a single occurrence; and $50,000.00 for property damage; ~!!! the alternative, I! liability policy affording coverage for bodily injury and property damage with I! combined
single limit !!! an amount not less than $1,050,000.00. The policy or policies shall cover
the association, the board of directors and the officers of the association, all agents and employees of the association, and all unit owners and other persons entitled to occupy any unit or other portion of the condominium for occurrences commonly insured against
arising out Qf Q! !!! connection with the use, ownership, Q! maintenance Qf the common
elements Q! other portion Qf the condominium which the association has the responsibil-
i!Y !Q maintain; and".
Section 12. Said article is further amended by striking subsection (a) of Code Section 44-3-109, relating to liens for assessments, notice, and foreclosure, and inserting in its place a new subsection (a) to read as follows:
"(a) All sums lawfully assessed by the association against any unit owner or condominium unit, whether for the share of the common expenses pertaining to that condominium unit, for fines, or otherwise, and all reasonable charges made !Q I!!!Y unit owner
Q! condominium unit for materials furnished Q! services rendered _Qy the association !!! the owner's request !Q Q! on behalf Qf the unit owner Q! condominium unit, shall, from
the time the same become due and payable, constitute a lien in favor of the association on the condominium unit prior and superior to all other liens whatsoever except:
(I) Liens for ad valorem taxes on the condominium unit; (2) The lien of any first priority mortgage covering the unit and the lien of any mortgage recorded prior to the recording of the declaration; (3) The lessor's lien provided for in Code Section 44-3-86; and (4) The lien of any secondary purchase money mortgage covering the unit, .P!Q= vided that neither the grantee nor I!!!Y successor grantee on the mortgage ~ the -seller of the unit. The recording of the declaration pursuant to this article shall constitute record notice of the existence of the lien, and no further recordation of any claim of lien for assessments shall be required."
Section 13. Said article is further amended by striking paragraph (2) of subsection (b) of Code Section 44-3-109, relating to liens for assessments, notice, and foreclosure, and inserting in its place a new paragraph (2) to read as follows:
"(2) At a rate not in excess of 8 10 percent per annum, interest on each assessment or installment thereof and any delinquency or late charge pertaining thereto from the date the same was first due and payable;".
Section 14. Said article is further amended by striking subsection (i) of Code Section 44-3-111, relating to sales of residential condominium units for residential occupancy, and inserting in its place a new subsection (i) to read as follows:
"(i) Any person who, in reasonable reliance upon any false or misleading material statement or information published by or under authority from the seller in advertising and promotional materials, including, but not limited to, the items required to be furnished by this Code section, brochures, and newspaper advertising, or who, without having been furnished with all of the information required to be furnished by this Code section, pays anything of value toward the purchase of a condominium unit located in this state shall be entitled to bring an action against the seller for damages under this Code section at any time prior to the expiration of one year after the date upon which the last of the events described in paragraphs (1) through f4t (5) of this subsection shall occur:
(1) The closing of the transaction; (2) The first issuance by the applicable governmental authority of a certificate of occupancy or other evidence of sufficient completion of construction of the building containing the unit to allow lawful occupancy of the unit. In counties or municipalities

MONDAY, FEBRUARY 12, 1990

1027

in which certificates of occupancy or other evidence of completion sufficient to allow lawful occupancy are not customarily issued, for the purpose of this Code section1 evidence of lawful occupancy shall be deemed to have been given or issued upon the date that such lawful occupancy of the unit may first be allowed under prevailing applicable laws, ordinances, or statutes;
(3) The completion of the common elements and any recreational facilities, whether or not the same are common elements, which the seller is obligated to complete or to provide under the terms of the written contract for the sale of the unit;
6t'
~ !Q claims relating !Q the common elements and other portions Qf the condominium which are the responsibility Qf the association !Q maintain, the date upon which the declarant's right !Q control the association terminates ~ provided .\!! Code
Section 44-3-101; Q!:
t4) ill In the event there shall not be a written contract for the sale of the unit,
then the completion of the common elements and such recreational facilities, whether or not the same are common elements, which the seller would be obligated to complete under any rule of law applicable to the seller's obligation.
(6) The limitations provided .\!! subsection (b) Qf Code Section 44-5-60 shall not !!PP!Y !Q !!!!Y covenants contained !!! !!!!Y condominium instrument created pursuant
!Q this article."
Section 15. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Martin of the 26th and Thomas of the 69th move to amend the Committee substitute to HB 502 by striking all the language on lines 29 through 33 of page 17 and inserting in lieu thereof the following:
"applicable to the seller's obligation.'
Section 15. Said article is further amended by adding a new Code Section 44-3-116 to read as follows:
'44-3-116. The limitations provided in subsection (b) of Code Section 44-5-60 shall not apply to any covenants contained in any condominium instrument created pursuant to this article."'
By striking from line 1 of page 18 the following:
"Section 15"
and inserting in lieu thereof the following:
"Section 16".

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 108, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

1028

JOURNAL OF THE HOUSE,

HB 1409.

By Representatives Poston of the 2nd, Holland of the 136th, Chambless of the 133rd and Thomas of the 69th:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to adoption without the surrender or termination of parental rights, so as to require the court to make a specific finding that a parent's significant failure to communicate with or to provide support for his child was without justifiable cause as a prerequisite to adoption.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to adoption without the surrender or termination of parental rights, so as to require the court to make a specific finding that a parent's significant failure to communicate with or to provide support for his child was without justifiable cause as a prerequisite to adoption; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to adoption without the surrender or termination of parental rights, is amended by strik-ing subsection (b) of said Code section and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Surrender or termination of parental rights, as provided in Code Section 19-8-3, shall not be required as a prerequisite to the filing of a petition for adoption pursuant to paragraph (4) or (5) of subsection (a) of Code Section 19-8-3 in the case of a parent who has failed significantly, without justifiable cause, for a period of one year or longer immediately prior to the filing of the petition for adoption (1) to communicate or to make a bona fide attempt to communicate with the child, or (2) to provide for the care and support of the child as required by law or judicial decree, where the court is of the opinion that the adoption is for the best interests of the child."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to all actions filed on or after the effective date of this Act and to all actions pending on such date in which a final order has not been entered.
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
Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron

Y Barnett,B Y Barnett,M
Y Bates 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 Campbell Y Carrell Y Carter Y Chambleas
Chance Y Cheeks Y Childers
Clark,B Clark,H Y Clark,L Y Coleman Y Colwell

Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn

Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster y Godbee
Goodwin Y Green Y Greene
Y Gresbsm Y Griffm 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 Ylsakson Y Jackson,J
Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston

MONDAY, FEBRUARY 12, 1990

Y Lane,D Y Lane,R
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
Meadows Y Milam Y Mobley Y Moody

Y Morton
Y Moultrie Y Mueller
Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
YParham Y Parrish
Patten Y Pettit
Pinkston Y Poag
Y Porter Y Poston Y Powell
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 E Smith,T Y Smith,W Y Smyre
YSnow Y Stancii,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
Y Thomas,C

1029
Y Thomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs Y Vaughan Y Waddle Y Walker,C
Walker,L Wall Ware Y Watson Y Watts White Wilder Y Williams,B Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1165.

By Representative Groover of the 99th:
A bill to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support, computation of awards, and guidelines for determining the amount of an award, so as to provide that a jury is not required to specify in its verdict any specific reason or reasons for deviation from the guidelines specified in such Code section; to provide that the provisions of such Code section shall not constitute grounds for any modification of any award of child support made prior to July 1, 1989.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1165 by striking lines 7 through 10 of page 1 and inserting in lieu thereof the following:
"section; to repeal conflicting laws; and for other purposes." By striking lines 11 through 13 of page 2 and inserting in lieu thereof the following:
"Code section.'"

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

Y Aaron Abernathy
Y Adams Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom

Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter

Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch

Y Crawlord 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

1030

JOURNAL OF THE HOUSE,

YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Goodwin YGreen Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
YHasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks

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 Y Long Y Lord
Lucas Y Lupton y Mangum
YMartin

Y McCoy McDonald
Y McKelvey McKinney,B
Y McKinney,C Y Meadows YMilam Y Mobley
Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter

Y Poston
YPowell
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 ESmith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancii,S Y Stanley
Y Steele Y Stephens

Y Streat Y Teper
Y Thomas,C YThomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C
Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder YWilliams,B Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1326. By Representatives Hamilton of the 124th, Pinkston of the 100th, Dunn of the 73rd, Foster of the 6th, Stancil of the 8th and others:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance for public officers and employees generally, so as to provide for liability coverage under state insurance policies, contracts of indemnity, or similar programs for certain nonprofit agencies and their employees.

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

Y Aaron Abernathy
Y Adams Y Aiken
Alford Y Allen Y Athon Y Atkins
Y Bailey Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates y Beck
Y Benefield Bonn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Y Brooks

Y Brown YBuck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H

Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards YEbrbsrt Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Goodwin Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris YHasty Y Heard Y Herbert Y Holcomb Y Holland

Holmes YHooks 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
Langford Y Lawrence
Y Lawson YLee Y Linder y Long
YLord
Lucas Y Lupton y Mangum

Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney,B McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
YO!iver,M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston y Poag
Y Porter

MONDAY, FEBRUARY 12, 1990

1031

Y Poston Y Powell
Randall
Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson

Y Royal
Selman Y Simpson
Y Sinkfield Y Smith,L Y Smith,P E Smith,T Y Smith,W
Smyre
Y Snow

Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson

Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker,C
Walker,L Y Wall

Ware Y Watson Y Watts
White Wilder Y Williarns,B Williams,J Y Yates Y Yeargin Mnrphy,Spkr

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

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

HB 1412.

By Representative Redding of the 50th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals.

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Bates
Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Buck Y Buford Y Byrd Y Campbell
Carrell Y Carter
Y Chambless Chance
N Cheeks

Y Childers Clark,B Clark,H
Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G YDavis,M
N Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 Hooks N Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W
Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane,D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord Lucas
Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C Y Meadows
Y Milam Y Mobley
Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOrr Y Orrock N Padgett Y Pannell
Y Parham Y Parrish
Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston N Powell
Randall YRansom YRay Y Reaves y Redding
Y Richardson Y Ricketson
Y Robinson y Royal
Y Selman Simpson Sinkfield

On the passage of the Bill, the ayes were 143, nays 6.

Y Smith,L Y Smith,P E Smith,T
NSmith,W Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley
Y Steele Stephens
Y Streat Y Teper YThomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker,C
Walker,L YWall
Ware
Y Watson Y Watts
White Wilder Y Williams,B Williarns,J
Yates Y Yeargin
Murphy,Spkr

1032

JOURNAL OF THE HOUSE,

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

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

HB 923. By Representatives Byrd of the 153rd, Greene of the 130th and Porter of the 119th:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to change the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, is amended by striking Code Section 10-4-106, relating to the maximum charges for handling and selling leaf tobacco, in its entirety and inserting in lieu thereof a new Code Section 10-4-106 to read as follows:
"10-4-106. The maximum charges and expenses of handling and selling leaf tobacco by warehousemen licensed under this part shall not exceed the following schedule, to wit:
(1) For auction fees, 15 on all piles or sheets of 100 pounds or less and 25 on all piles or sheets over 100 pounds;
(2) For weighing and handling, 10 per pile or sheet for all piles or sheets of 100 pounds or less and 10 for each additional 100 pounds;
(3) For commissions on the gross sales of leaf tobacco in said warehouses, not to exceed B--lft- 2 % percent of said gross sales."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Aaron Y Abernathy Y Adams Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B

Y Barnett,M
Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick N Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd

N Campbell
Carrell N Carter Y Chambless Y Chance N Cheeks Y Childers
Clark,B Clark,H Y Clark,L Y Coleman Colwell Connell N Couch Y Crawford

N Crosby
Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M
N Dixon,H
Y Dixon,S y Dobbs Y Dover YDunn Y Edwards YEhrhart Y Felton
Fennel

Y Floyd,J.M N Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene Gresham
YGriffin
Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty Y Heard

MONDAY, FEBRUARY 12, 1990

1033

Y Herbert Y Holcomb
N Holland Y Holmes Y Hooks Y Howren N Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W
Y Jamieson N Jenkins
Johnson Y Jones Y Kilgore N Kingston N Lane,D Y Lane,R Y Langford Y Lawrence

Y Lawson
Y Lee N Linder
Long Y Lord
Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
N McDonald Y McKelvey
Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley N Moody Y Morton Y Moultrie Y Mueller

Y Oliver,C
Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish N Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell
Randall N Ransom NRay
Y Reaves Y Redding
Y Richardson

Y Ricketson
N Robinson N Royal N Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
E Smitb,T Smith,W Smyre
YSnow
Y Stancil,F N Stancil,S Y Stanley
Y Steele Y Stephens N Streat Y Teper NThomas,C YThomas,M

Y Thompson YThurmond N Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C N Walker,L YWall
Ware Watson Y Watts White Wilder YWilliams,B Williams,J
N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 129, nays 28.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Johnson of the 123rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

HB 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.

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

Aaron Y Abernathy Y Adams
Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield
Y Benn Y Birdsong

Y Bishop
Bostick Branch Y Breedlove Y Brooks Brown
Y Buck Y Buford Y Byrd Y Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell

Connell Couch 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,J.M Y Floyd,J.W 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 YHooks
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 Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord N Lucas Y Lupton Y Mangum Y Martin

1034

JOURNAL OF THE HOUSE,

Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley
Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr

Y Orrock
Y Padgett Y Pannell
YParbam Y Parrish Y Patten
Pettit Y Pinkston Y Poag Y Porter Y Poston
Y Powell Randall
Y Ransom YRay

Y Reaves Redding
Y Richardson Y Ricketson Y Robinson y Royal
Sebnan Simpson Y Sinkfield Y Smith,L Y Smith,P E Smith,T YSmith,W Smyre
YSnow

Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs

Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall
Ware Watson Y Watts White
Wilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 152, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

The following amendment was read and adopted:

The Committee on Insurance moves to amend HB 1128 by adding on line 15 of page 1 after "foregoing;" and before "to" the following:
"to provide for applicability; to provide an effective date;".
By striking on line 13 of page 2 the following: "July 1, !984 1989",
and inserting in lieu thereof the following: "July I-; !984 January l, 1991". By adding between lines 2 and 3 of page 8 a new Section 7 to read as follows:
"Section 7. This Act shall become effective for the purposes of application to new or newly admitted insurers on January 1, 1991. This Act shall become effective for all purposes on July 1, 1992."
By redesignating Section 7 on line 3 of page 8 as Section 8.

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

HB 1184.

By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to prohibit altering, expunging, or destroying certain criminal records as a result of the discharge of a defendant without court adjudication of guilt; to specify that certain documents and information are not subject to certain restrictions regarding release and disclosure.

MONDAY, FEBRUARY 12, 1990

1035

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to prohibit altering, expunging, or destroying certain criminal records as a result of the discharge of a defendant without court adjudication of guilt; to change the manner of making and content of certain entries; to change certain provisions relating to release or disclosure of records of discharge; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, is amended by striking subsection (a) of Code Section 42-8-62, relating to the discharge of a defendant without adjudication of guilt, and inserting in its place a new subsection to read as follows:
"(a) Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. The discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. It shall be the duty of the clerk of court to enter on the criminal docket and all other records of the court pertaining thereto the following:
'Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62.' Such entry shall be written or stamped in red ink, dated, and signed by the person mak-
ing such entry Q!1 if the docket Q! record ~ maintained using computer print-outs, microfilm, Q! similar means, such entry shall be underscored, boldface, Q! made !!! !! sim-
ilar conspicuous manner and shall be dated and include the name Qf the person making such entry. The criminal ~ docket books, criminal minutes and final record, and all other records Qf the court relating !Q the offense Qf !! defendant who has been discharged without court adjudication Qf guilt pursuant !Q this subsection shall not be altered ~
!! result Qf that discharge, except for the entry Qf discharge thereon required _Qy this sub-
section, nor shall the contents thereof be expunged Q! destroyed ~ !! result Qf that discharge."
Section 2. Said article is further amended by striking Code Section 42-8-65, relating to use of prior findings of guilt in subsequent prosecutions, and inserting in its place a new Code section to read as follows:
"42-8-65. (a) If otherwise allowable by law in any subsequent prosecution of the defendant for any other offense, a prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursuant
to this article. Elteepi ss pre.ided ift s1:1bseetieH W 61' fet 6f this GOOe seeti6tr, the
l'ee6rd 6f diseharge shaH be i'eleased selely te the Atteraey Geaeral, a distriet atteraey, a S6lieit6l' 6f a state e6tH't; the Departmeat 6f Carreetiaas, the affiee 6f a e6l:lftty prabatiaft system ar 6f a state 61' e6l:lftty prabatiaa system 6f ftft6ther state 61' 6f the -Yttited States, lift affiee 6f the State Beard 6f Pardefts aOO Fareles, lift effiee ffl the partlaas ftftd f)tH'6les diYisitm 6f ftft6ther state 61' 6f -the -Yffited States, "6f -a prasee1:1tiag -att6rftey 6f ftft6ther state 61' 6f the YtHted States, tifl6ft eertifieatiaa by Sl:leh prabatiaa system 61' praseel:ltiHg att6mey that there are peadiftg ift a e6l:lft 6f eampeteat j1:1risdietiaa erimiftaleharges agaiftSt ftftY pers6ft diseharged l:lftder this artiele, N6 Sl:leh ageaey,- law ettfetoee.. meftt ageftey; 61' e6l:lft ffi-flY f'elease ftftY iafurmftti6ft regarfiiHg lift aaj1:1aieati6ft 6f gl:lilt l:lftder this artiele exeept te diselese the faet that the defeaaliftt has exereised his 61' her right te first 6ffettder treatmeat l:lftder Geergia law ftftd that Sl:leh pel'S6fl has beeft diseliarge(h
(b) UpaH eertifieatiaa by the ehief exee1:1tive 6ffieer 6f ftftY .law eafareemeat ageBey 6f a peadiftg erimiftal ia~ estigatiaa ftftd the Heed fur the l'ee6rd 6f diseharge 6f a ftftflted

1036

JOURNAL OF THE HOUSE,

person to be 1eleased, the reeord of discharge of stteh pel'S6ft may be released i6 stteh law eHfereemeHt ttgeHey; F'eP the purposes of this subseetioH, the term -'law eHfereemeHt ~ meaHS a go erHmeHtal uHit of ette or more pel'S6ftS employed full time or part time by the state;- a state ageDey or departmeHt, or a pelitieal subdivisioH of the state fer the put'p6!le of pre ~eHtiHg aHd deteetiHg erime aHd eHforeiHg state -laws or l6eal ffl'diftft:fteeS; employees of whieh uHit are authorized to malre arrests fer erimes while aetiHg withiH the seepe of their authority.
tet (b) The records of the Georgia Crime Information Center shall be modified, with-
out acourt order, to show a conviction in lieu of treatment as a first offender under this article whenever the conviction of a person for another crime during the term of probation is reported to the Georgia Crime Information Center. If a report is made showing that such person has been afforded first offender treatment under this article on more than one occasion, the Georgia Crime Information Center may report information on first offender treatments subsequent to the first such first offender treatment as if they were convictions. Such records may be disseminated by the Georgia Crime Information Center in the same manner and subject to the same restrictions as any other records of convictions.
W ill Notwithstanding any other provision of this article, any person who is sen-
tenced to a term of confinement pursuant to paragraph (2) of subsection (a) of Code Section 42-8-60 shall be deemed to have been convicted of the offense during such term of confinement for all purposes except that records thereof shall be treated as any other records of first offenders under this article and except that such presumption shall notcontinue after completion of such person's confinement sentence. Upon completion of the confinement sentence such person shall be treated in the same manner and the procedures to be followed by the court shall be the same as in the case of a person placed on probation under this article."
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 115, nays 11.

The Bill, having received the requisite constitutional majority, was passed, by substi-

tute.

.

HR 723. By Representatives Chance of the 129th, Coleman of the 118th, Cummings of the 17th, Milam of the 81st, Aaron of the 56th and others:
A resolution urging resistance to all efforts to reduce or otherwise restrict the use of certain bonds to finance essential governmental projects.

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.

HB 1210. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to administrative provisions with regard to the State Board of Workers' Compensation, so as to provide for the compensation of the chairman and members of the State Board of Workers' Compensation and the administrative law judges.

MONDAY, FEBRUARY 12, 1990

1037

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of "he Bill, the ayes were 104, nays 5.
The Bill, having roceived the requisite constitutional majority, was passed.

HB 1447. By Representatives Robinson of the 96th, McDonald of the 12th and Thurmorrl of the 67th:
A bill to amend Code Section 48-9-10 of the Official Code of Georgia Annotated, rehting to refunds of motor fuel taxes, so as to change certain provisions reg)lrding refunds to certain sellers of motor fuel at retail; to authorize certain refunds as compensation to cover expenses in collecting motor fuel taxes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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 1027 through 1049, who have registered in the Docket of Legislative Appearance as of February 9, 1990, 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 9th day of February, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

Is/ Max Cleland
Secretary of State

1027.

Jeffrey Lee Williams Citizens Lobby for Kids R. L. Morton Elementary
Parent Teacher Assn. Georgia Credit Union
Associates, Inc. 2400 Pleasant Hill Road Duluth, Georgia 30136

1028.

Joan 0. King Citizen 20/20 Vision 20/20 Vision Sautee, Georgia 30571

1029.

John N. Booth Bell South Mobility 104 St. Andrews St. Simons Island, Ga. 31522

1030.

Gloria Leonard CWA-Communications Workers
of America 279 Logan Street, S.E. Atlanta, Georgia 30312

1038

JOURNAL OF THE HOUSE,

1031. Ann W. Rose Hill, Rose & Farmer, Inc.
1104 Wedgewood Way Dunwoody, Georgia 30350

1032.

Mike Egan Citizen Hurt, Richardson, Garner
Todd & (Adenhead) 1400 Peachtree Place 999 Peachtree Road Atlanta, Georgia 30319

1033.

Michelle S. Budd Citizen One CNN Center Suite 520, South Tower Atlanta, Georgia 30303

1034.

Judith Shanholtz Citizen 20 13th Street, N.E. Atlanta, Georgia 30309

1035.

Belinda Parrish Georgia State Parent
Teacher Association 2811 Dug Gap Road Dalton, Georgia 30720

1036.

Alden Dye Coalition for Preventive
Health Services for Women 1575 Northside Drive, N.W. Suite 190, Bldg. 100 Atlanta, Georgia 30318

1037.

Elissa R. Abrams Coalition for Preventive
Health Services for Women 300 Boulevard, N.E. Atlanta, Georgia 30312

1038.

Jeffrey Monforti Association for Retarded
Citizens 1851 Ram Runway, Suite 104 College Park, Ga. 30307

1039.

Lauren Azoulai United Way of Metropolitan
Atlanta United Ways of Georgia 100 Edgewood Avenue Atlanta, Georgia 30303

1040.

Stanley Sallllels Unity Conta:tors Monroe Cortractors Assn. Check Cashhg Companies Citizen 54 Finch Trtil N.E. Atlanta, Geagia 30308

1041.

Patricia Fay4 Ingram lAMAW LL 709 - Georgia
State Cou\cil Machinists LL 709 IAM~W Marietta, Getrgia 30066

1042.

Brenda L. Ncrton Georgia Coaliion for
Preventive flealth Services for Women The Omni Hdel-CNN Center Atlanta, Geor!Jia 30335

1043.

Kenneth C. Si!trunk Georgia State Council
of Machinist! 4905 Hill Road Albany, Georgia 31705

1044.

Dr. Carlton DeESe Georgia ChiropJactic Assn. 200 Valley Hill Road Riverdale, Geoqia 30274

1045. Dr. Kelly M. Reed, Jr. Georgia Chiropractic Assn. 2958 Rainbow IX., Ste. 105 Decatur, Georgia 30034

1046.

Deborah Herrin, R.D.H. Chairperson, Le(. & Ethics
Atlanta Dental Hygienist Society 3574 Habesham at Northlake Tucker, Georgia 30084

1047.

Ogden Doremus Insurance Law Section
State Bar P. 0. Box 296 Metter, Georgia 30439

1048.

Betty Sloop Georgia Supporters for the
Gifted Georgia Assn. of Colleges
for Teacher Education 3242 Betty Circle Decatur, Georgia 30032

1049.

Herbert Alexander Citizen 3300 Pepper Tree Decatur, Georgia 30034

MONDAY, FEBRUARY 12, 1990

1039

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

1040

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 13, 1990

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 Joan R. Biles, Pastor, Auburn Methodist Church, Auburn, Georgia.
Representative Bargeron of the 108th, 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 1851. By Representative Bannister of the 62nd: A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1852. By Representative Felton of the 22nd: A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to change the terms of office of the commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1853. By Representative Branch of the 137th: A bill to provide for the composition of the Board of Education of Ben Hill County and for the election of the members of said board; to provide for their terms of office; to provide for electoral districts of board members.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 13, 1990

1041

HR 831. By Representatives Alford of the 57th and Hamilton of the 124th:
A resolution directing the State Board of Education to include a course of study in citizenship and character development in its core curriculum.
Referred to the Committee on Education.

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 1854. By Representatives Walker of the 115th, Murphy of the 18th, Coleman of the 118th, Hanner of the 131st, Connell of the 87th and others:
A bill to amend various provisions of the Official Code of Georgia Annotated, so as to provide for the effects of changes in decennial census data and changes in congressional districts with respect to the membership of various boards, commissions, and bodies.
Referred to the Committee on Rules.

HB 1855. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to provide a homestead exemption from all Douglas County School District ad valorem taxes for educational purposes of 50 percent of the assessed value of such homestead to certain residents of the Douglas County School District who are disabled or who are 65 years of age or over but less than 70 years of age, regardless of income.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1856. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating the office of the commissioner of Catoosa County, so as to provide for the compensation and allowances of the commissioner; to provide that the commissioner shall set the compensation of his staff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1857. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to provide that the compensation of the coroner and any staff of the coroner shall be set by the commissioner of Catoosa County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1858. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to change the membership of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

1042

JOURNAL OF THE HOUSE,

HB 1859. By Representatives Kilgore of the 42nd and Simpson of the 70th: A bill to provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of Douglas County who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1860. By Representatives Richardson of the 52nd, Redding of the 50th, Williams of the 48th, Aaron of the 56th, Lawrence of the 49th and others:
A bill to amend an Act providing for the deferral of City of Decatur ad valorem taxes for certain elderly persons, so as to change a condition of eligibility for the deferral. Referred to the Committee on State Planning & Community Affairs - Local.
HB 1861. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $6,000.00 of the assessed value of such homestead for certain residents of Douglas County. Referred to the Committee on State Planning & Community Affairs - Local.
HB 1862. By Representatives Barfoot of the 120th, Byrd of the 153rd and Moody of the 153rd: A bill to provide for the membership of the Toombs County Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1863. 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 establishing a City Court in the County of Clarke, so as to change the compensation of the Solicitor of the court; to make the Solicitor a full-time Solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1864. By Representatives Chambless of the 133rd, Fennel of the 155th, Balkcom of the 140th, Hanner of the 131st, Smith of the 156th and others:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that the employment and training of peace officers shall be under the Georgia Public Safety Training Center.
Referred to the Committee on Public Safety.
HB 1865. By Representatives Jenkins of the 80th, Sinkfield of the 37th and Ray of the 98th:
A bill to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the reporting of abuse, neglect, or exploitation of residents in long-term care facilities, so as to provide for mandatory reporting of abuse, neglect, or exploitation of any older person, agency, or facility supervising the welfare of or having immediate charge or custody of an older person.
Referred to the Committee on Health & Ecology.

TUESDAY, FEBRUARY 13, 1990

1043

HB 1866. By Representatives Lawrence of the 49th, Ehrhart of the 20th, Steele of the 97th, Isakson of the 21st, Stancil of the 8th and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Employer Drug Testing Act; to provide a short title.
Referred to the Committee on Industrial Relations.

HB 1867. By Representatives Lawrence of the 49th, Clark of the 55th, Abernathy of the 39th, Davis of the 45th, Lupton of the 25th and others:
A bill to amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to provide for a volunteer service credit program for elderly citizens of this state; to provide for standards and procedures and for administration of the program by the Department of Human Resources; to provide for insurance coverage; to provide for pilot programs and reports.
Referred to the Committee on Human Relations & Aging.

HB 1868. By Representatives Lawrence of the 49th, Williams of the 48th, Howren of the 20th, Stancil of the 8th, Mueller of the 126th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to authorize the imposition of a prison sentence without possibility of parole under certain circumstances.
Referred to the Committee on Judiciary.

HB 1869. By Representative Felton of the 22nd:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to revise commissioner districts for the election of certain members of the board of commissioners; to provide district residency requirements for certain members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 832. By Representatives Lane of the 27th, Bostick of the 138th and Long of the 142nd:
A resolution urging the Department of Transportation to post certain signs.
Referred to the Committee on State Planning & Community Affairs.

HR 834. By Representative Floyd of the 154th:
A resolution directing the conveyance of certain state owned real property located in Liberty County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 835. By Representatives Richardson of the 52nd, Aaron of the 56th, Redding of the 50th, Teper of the 46th, Oliver of the 53rd and others:
A resolution creating the City of DeKalb Study Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

1044

JOURNAL OF THE HOUSE,

HR 836. By Representatives Coleman of the 118th, Dover of the 11th, Royal of the 144th, Balkcom of the 140th, Godbee of the llOth and others:
A resolution proposing an amendment to the Constitution so as to provide that all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value.
Referred to the Committee on Ways & Means.

HR 837. By Representatives Lawrence of the 49th, Ehrhart of the 20th, Steele of the 97th, Heard of the 43rd, Tolbert of the 58th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to prohibit, by law, the State Board of Pardons and Paroles from granting or to prescribe the terms and conditions for the board's granting a pardon or parole to any person incarcerated for a second or subsequent time for any felony offense relating to trafficking in cocaine, illegal drugs, or marijuana.
Referred to the Committee on State Institutions & Property.

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

HB 1821 HB 1822 HB 1823 HB 1824 HB 1825 HB 1826 HB 1827 HB 1828 HB 1829 HB 1830 HB 1831 HB 1832
HB 1833 HB 1834 HB 1835 HB 1836 HB 1837 HB 1838 HB 1839 HB 1840
HB 1841 HB 1842
HB 1843 HB 1844
HB 1845

HB 1846 HB 1847 HB 1848 HB 1849 HB 1850 HR 825 SB 422 SB 430 SB 468 SB 503 SB 577 SB 602 SB 605 SB 606 SB 626 SB 628 SB 632 SB 637 SB 640 SB 663 SB 678 SR 380 SR 386 SR 397

Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

TUESDAY, FEBRUARY 13, 1990

1045

HB 1654 Do Pass

Respectfully submitted,
Is/ Reaves of the 147th
Chairman

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

Mr. Speaker:

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

HB 1428 Do Pass SB 540 Do Pass

SB 601 Do Pass SB 615 Do Pass

Respectfully submitted,
Is/ Pinkston of the 100th
Chairman

Representative Balkcom of the 140th District, Chairman of the Committee on Gam~, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1629 Do Pass SB 568 Do Pass
Respectfully submitted,
Is/ Balkcom of the 140th
Chairman

Representative Dover of the 11th 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 and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 464 Do Pass SR 314 Do Pass SR 315 Do Pass
Respectfully submitted,
Is/ Dover of the 11th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

1046

JOURNAL OF THE HOUSE,

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

HB 1644 Do Pass HB 1651 Do Pass, by Substitute HB 456 Do Pass, by Substitute

SB 529 Do Pass SB 591 Do Pass, by Substitute

Respectfully submitted,
Is/ Watson of the 114th
Chairman

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

Mr. Speaker:

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

HB 842 Do Pass, by Substitute HB 1242 Do Pass HB 1305 Do Pass HB 1574 Do Pass HB 1779 Do Pass

HB 1819 Do Pass HB 1848 Do Pass HB 1050 Do Pass, by Substitute HB 1139 Do Pass, by Substitute HB 1546 Do Pass

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

Representative Hanner of the 131st District, Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report:

Mr. Speaker:
Your Committee on Legislative & Congressional Reapportionment 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 1482 Do Pass, by Substitute SB 598 Do Pass
Respectfully submitted, /s/ Hanner of the 131st
Chairman

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

SB 507 Do Pass, by Substitute HB 1665 Do Pass HB 1798 Do Pass HB 1677 Do Pass, as Amended

HB 1797 Do Pass HB 1719 Do Pass HB 1568 Do Pass, by Substitute

TUESDAY, FEBRUARY 13, 1990

1047

Respectfully submitted,
Is/ Jackson of the 9th
Chairman

Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

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

HB 46 Do Pass, by Substitute SB 10 Do Pass

SB 58 Do Pass SB 312 Do Pass

Respectfully submitted, /s/ Cummings of the 17th
Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1521 Do Pass, by Substitute HB 246 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 101st
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 1569 Do Pass HB 1666 Do Pass, by Substitute HB 1783 Do Pass HB 1786 Do Pass HB 1788 Do Pass HB 1795 Do Pass HB 1796 Do Pass

HB 1805 Do Pass HB 1809 Do Pass HB 1812 Do Pass HB 1545 Do Pass HB 1791 Do Pass HB 1800 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:

1048

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on State Planning & Community Affairs 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 1631 Do Pass HB 1713 Do Pass HB 1754 Do Pass SB 460 Do Pass

SR 304 Do Pass HR 371 Do Pass, by Substitute HB 1846 Do Pass SB 489 Do Pass

Respectfully submitted, /sf Lane of the 27th
Chairman

Representative Royal of the 144th District, Secretary of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1612 Do Pass, by Substitute HB 1646 Do Pass, by Substitute
Respectfully submitted,
Is/ Royal of the 144th
Secretary

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 13, 1990

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:

HB 1317 HB 1318 HB 1319 HB 1623 HB 1628 HB 1632 HB 1633 HB 1674 HB 1686 HB 1696 HB 1708 HB 1710

Child Abuse; Establish Central Registry Child Abuse Protocol Committee; Reporting Requirements Child Abuse; Records; Accessibility Intangible Tax; Financial Institutions; Exemption of Stock Special Elections and Special Municipal Elections; Uniform Date Superior Court Judges Retirement; Mandatory Age Supreme Court/Ct. of Appeals; Justices/Judges; Mandatory Ret. Medicare; Supplement Insurance; Insurers; Regulations Boilers/Pressure Vessels; Certain Exceptions; Provisions Indigent Care Trust Fund; Provide Local Governments; Bonds; Allocation Life and Health Ins. Guaranty Assoc.; Insurers; Assessments

HR 279 Local Governments; Sales Tax Without Certain Limitation - CA HR 796 Emerging Crops Loan Fund; Appropriation - CA

SB 72 District Attorneys Ret.; Average Annual Compensation

SR 306 Warren D. Earnest, Sr. Bridge; Designate

TUESDAY, FEBRUARY 13, 1990

1049

SR 307 William Deverell, Sr. Bridge; Designate SR 336 McDuffie County; Grant Easement
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Groover of the 99th
Vice-Chairman

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

HB 1545. By Representatives Redding of the 50th, Oliver of the 53rd, Teper of the 46th, Baker of the 51st, Richardson of the 52nd and others:
A bill to provide that each resident of DeKalb County holding real property pursuant to an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation which holds such property either as owner or pursuant to a 99 year lease shall be granted an exemption from county ad valorem taxes as otherwise granted by law.

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

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

Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch 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 Y Edwards Y Ehrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Hamilton
Y Hanner

Y Harris Y Hasty Y Heard Y Herbert
Holcomb Y Holland Y Holmes YHooks
Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord
Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney ,C Y Meadows YMilam
Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock
Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Y Pinkston YPoag Y Porter Y Poston Powell Randall Y Ransom Rsy
Y Reaves y Redding
Y Richardson Y Ricketson
Robinson y Royal
Y Selman Y Simpaon
Y Sinkfield

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

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

1050

JOURNAL OF THE HOUSE,

HB 1791.

By Representative Harris of the 84th:
A bill to provide for a $4,000.00 homestead exemption from McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes; to provide for a homestead exemption of $15,000.00 from all McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes for residents of McDuffie County and the McDuffie County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year.

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

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

Y Childers Y Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch 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 Y Edwards YEhrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Hamilton
Y Hanner

Y Harris Y Hasty Y Heard Y Herbert
Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord
Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald
Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Y Milam
Mobley Y Moody Y Morton
Y Moultrie Y Mueller
Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Y Pinkston y Poag
Y Porter Y Poston
Powell Randall Y Ransom Ray 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
Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Y Streat Y Teper
Thomas,C YThomas,M
Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan YWaddle
Walker,C Walker,L Y Wall Ware Y Watson Y Watts YWhite YWilder YWilliama,B Y Williama,J Y Yatee Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1800. By Representative Chance of the 129th:
A bill to provide a homestead exemption from Effingham County School District ad valorem taxes of $10,000.00 for residents of said district who are 65 years of age or over.

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

TUESDAY, FEBRUARY 13, 1990

1051

Y Aaron Abernathy
Y Adams Y Aiken
Y Alford Allen
Y Athon
Y Atkins Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Bamett,B
Y Bamett,M Y Bates Y Beck
Benefield Y Bonn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell
Carrell Y Carter Y Chambless Y Chance
Y Cheeks

Y Childers
Y Clark,B Y Clark,H
Y Clark,L Coleman
Y Colwell Y Connell
,Couch Y Crawford Y Crosby Y Cumminge,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S
Dobbs Y Dover YDunn Y Edwards Y Ehrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green
Y Greene. Y Gresham Y Griffin
Y Groover Hamilton
Y Hanner

Y Harris Y Hasty Y Heard
Y Herbert Holcomb
Y Holland Y Holmes YHooks 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 Lane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long
YLord Lucas
Y Lupton Mangum
y Martin
Y McCoy McDonald
Y McKelvey

McKinney,B Y McKinney,C
Y Meadows YMilam
Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Y Pinkston y Poag
Y Porter Y Poston
Powell
Randall YRansom
Ray
Y Reaves y Redding Y Richardson Y Ricketson
Robinson y Royal
YSelman YSimpson
Y Sinkfield

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

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1569.

By Representative Breedlove of the 60th:
A bill to create a new charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Norcross to be exercised by the governing authority.

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

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon
Y Atkins Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates y Beck

Benefield Y Benn Y Birdsong Y Bishop Y Boetick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford YByrd Y Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cumminge,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S
Dobbs

Y Dover
YDunn Y Edwards y Ehrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster y Godbee y Goodwin
Y Green Y Greene Y Gresham Y Griffm Y Groover
Hamilton Y Hanner

y Harris
Y Hasty Y Heard Y Herbert
Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson y Irwin
Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones

1052

JOURNAL OF THE HOUSE,

Y Kilgore Kingston
Y Lane,D Lane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder y Long Y Lord
Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows YMilam
Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten

Pettit
Y Pinkston y Poag
Y Porter Y Poston
Powell
Randall Y Ransom
Ray 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
Smyre YSnow
Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper
Thomas,C YThomas,M
Thompson Thurmond Y Titus

Y Tolbert
Y Townsend
Twiggs Y Vaughan
Y Waddle Walker,C
Walker,L YWall
Ware Y Watson Y Watts y White
Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1666.

By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city.

The following Committee substitute was read and adopted:

A BILL
To amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved March 21, 1980 (Ga. L. 1980, p. 3702) and an Act approved March 9, 1988 (Ga. L. 1988, p. 3638), so as to change 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 incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved March 21, 1980 (Ga. L. 1980, p. 3702) and an Act approved March 9, 1988 (Ga. L. 1988, p. 3638), is amended by adding at the end of paragraph (2) four new paragraphs to read as follows:
"Also included within the corporate limits of said city is the following described property, to wit:
All that tract or parcel of land lying and being in Land Lots 95 and 96 of the Fifth Land District in Houston County, Georgia, and being more particularly described as follows:
BEGINNING at a point where the northerly boundary of Watson Boulevard (SR 247 Connector) intersects with the common line between Land Lots 95 and 114; thence in a westerly direction along the northerly boundary of said Watson Boulevard to a point 50 feet westerly and parallel to the common line between said Land Lots 95 and 114; thence in a northerly direction along a line 50 feet westerly and parallel to the common lines between Land Lot 95, 96, 113 and 114 to a point on the southerly boundary of West Church Street; thence in an easterly direction along the southerly boundary of West Church Street to a point on the common line between Land Lots 96 and 113; thence in a southerly direction along a common line between Land Lot 95, 96, 113 and 114 to a point on the northerly boundary of said Watson Boulevard, said point being the point of beginning. Also included within the corporate limits of said city is all of the 35.956 acres of property located in Land Lot 138 in Houston County, Georgia, designated as Parcel 'B' on a plat of survey prepared by Scarborough Land Surveys recorded in Plat Book 37 at Page 34 of the records of the clerk of the superior court, Houston County, Georgia.

TUESDAY, FEBRUARY 13, 1990

1053

Also included within the corporate limits of said city is the following described property, to wit:
All that tract or parcel of land situated, lying and being in Land Lots 122, 123, and 138 of the Fifth (5th) Land District of Houston Co., Ga., being known and designated as Parcel 'A' containing 38.125 acres according to a plat of survey prepared by Terry M. Scarborough on January 31, 1990, of record in Plat Book 35 Page 78, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are incorporated herein for all purposes. Also included within the corporate limits of said city is the following described property, to wit:
All that tract or parcel of land situated, lying and being in Land Lot 138 of the Fifth (5th) Land District of Houston Co., Ga., being more particularly described as follows:
To reach the Point of Beginning, begin at the corner common to Land Lots 122, 123, 138, and 139, Fifth (5th) Land District, Houston Co., Ga. and proceed S8927'17"E for 125.22' to an iron pin; thence NOl 0 49'38"E for 157.50' to an iron pin at the Point of Beginning. From said Point of Beginning, proceed N0149'38"E for 60.00' to an iron pin; thence S88 10'22"E for 335.00' to an iron pin on the westerly right-of-way of Carl Vinson Parkway; thence SOl0 49'38"W for 60.00' to an iron pin on the westerly right-of-way of Carl Vinson Parkway; thence N8810'22"W for 335.00' to the Point of beginning. Said parcel described above contains 0.461 acres and is bounded on the north, south, and west by the lands of The Fred W. Carter Trust, and on the east by Carl Vinson Parkway."
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
Allen Y Athon Y Atkins
Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd
Y Campbell Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch 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 Y Edwarda Y Ehrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert
Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudaon Ylrwin Y Iaakson Y Jackaon,J Y Jackaon,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston
Y Lane,D Lane,R
Y Langford Y Lawrence
Y Lawson YLee
Y Linder y Long
Y Lord Lucas
Y Lupton Mangum
Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows Y Milam
Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten
Pettit Y Pinkston y Poag
Y Porter Y Poston
Powell
Randall Y Ransom
Ray Y Reaves y Redding
Y Richardson Y Ricketson
Robinson y Royal
YSelman Y Simpson Y Sinkfield

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

1054

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1783.

By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act reincorporating and providing a new charter for the City of Baxley, so as to change the provisions relative to terms of office and election of 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 roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins
Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates y Beck
Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck
Y Buford Y Byrd Y Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch 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 Y Edwards YEhrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner

Y Harris Y Hasty Y Heard
Y Herbert 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
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord
Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows Y Milam
Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Y Pinkston y Poag
Y Porter Y Poston
Powell Randall Y Ransom Ray
Y Reaves YRedding 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
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper
Tbomas,C YTbomas,M
Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker,C Walker,L Y Wall Ware Y Watson
Y Watts y White
Y Wilder Y Williams,B Y Williarns,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1786.

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 provisions relating to selection of the members of the board and their terms of office.

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

TUESDAY, FEBRUARY 13, 1990

1055

Y Aaron Abernathy
Y AdlllllB Y Aiken Y Alford
Allen Y Athon Y Atkins
Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Bamett,M Y Bates Y Beck
Benefield
YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell
Carrell Y Carter Y Chamblesa Y Chance Y Cheeks

Y Childers Y Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch 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 Y Edwards Y Ehrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner

Y Harris
Y Hasty Y Heard
Y Herbert 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
Kingston YLane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord
Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney,C YMeadows
YMilam Mobley
Y Moody Y Morton
Y Moultrie Y Mueller
Y Oliver,C YO!iver,M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Y Pinkston YPoag Y Porter Y Poston Powell Randall Y Ransom Ray
Y Reaves y Redding Y Richardson Y Ricketson
Robinson y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stsncil,F Y Stsncil,S
Stsnley
Y Steele Y Stephens Y Streat Y Teper
Thomas,C Y Thomas,M
Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Twigga
Y Vanghan
Y Waddle Walker,C Walker,L
YWall Ware
Y Watson Y Watts Y White Y Wilder Y Williama,B YWilli!llllB,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1788.

By Representative Smith of the 78th:
A bill to amend an Act to make provisions for the Magistrate Court of Lamar County, so as to change the method of selection of the chief magistrate.

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

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins
Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck
Benefield
Y Benn

Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
Y Buck Y Buford Y Byrd Y Campbell
Carrell Y Carter Y Chamblesa Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L

Coleman
Y Colwell Y Connell
Couch 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 Y Edwards
Y Ehrhart Felton
Y Fennel

Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin
Y Green Y Greene
Y Gresham Y Griffin Y Groover
Hamilton
Y Hanner Y Harris Y Hasty Y Heard Y Herbert
Holcomb Y Holland Y Holmes YHooks

Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingaton Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong

1056

JOURNAL OF THE HOUSE,

Y Lord Lucas
Y Lupton Mangum
Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows YMilam
Mobley Y Moody Y Morton Y Moultrie

Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Y Pinkston YPoag Y Porter Y Poston Powell

Randall
Y Ransom Ray
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

Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper
Thomas,C Y Thomas,M
Thompson Thurmond Y Titus Y Tolbert Y Townsend

Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder YWilliams,B YWilliams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1795.

By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change certain provisions relating to the compensation of the tax commissioner.

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

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

Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch 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 Y Edwards Y Ehrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Hamilton
Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert
Holcomb Y Holland Y Holmes YHooks 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
Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder Y Long
Y Lord Lucas
Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows Y Milam
Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell Parham
Y Parrish Patten Pettit
Y Pinkston YPoag Y Porter
Y Poston Powell Randall
YRansom Ray
Y Reaves Y Redding Y Richardson Y Ricketson
Robinson y Royal
YSelman YSimpson
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 Streat Y Teper
Thomas,C Y Thomas,M
Thompson Thurmond Y Titus Y Tolbert Y Townsend Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L Y Wall Ware Y Watson Y Watts y White
Y Wilder Y Williarns,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 13, 1990

1057

HB 1796.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a new charter for the City of Conyers, so as to change the provisions relating to the election and terms of office of the mayor and council members.

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

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins
Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell
Carrell Y Carter Y Chambless YChance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch 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 Y Edwards YEbrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffm Y Groover
Hamilton Y Hanner

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

McKinney,B
Y McKinney,C Y Meadows Y Milam
Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Y Pinkston y Poag
Y Porter Y Poston
Powell
Randall Y Ranaom
Ray Y Reaves y Redding Y Richardson Y Ricketson
Robinson y Royal YSelman 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 Streat Y Teper
Thomas,C Y Thomas,M
Thompson Thurmond Y Titus Y Tolbert Y Townsend Twiggs Y Vaughan
Y Waddle Walker,C
Walker,L Y Wall
Ware Y Watson Y Watta 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 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1805.

By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner.

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

Y Aaron Abernathy
Y Adams Y Aiken

Y Alford Allen
Y Athon Y Atkins

Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M

Y Bates Y Beck
Benefield Y Benn

1058

JOURNAL OF THE HOUSE,

Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman
Y Colwell Y Connell
Couch 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 Y Edwards Y Ehrhart
Felton Y Fennel
Floyd,J.M YFloyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover
Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert
Holcomb Y Holland Y Holmes
YHooks Y Howren Y Hudson Ylrwin Y laakson

Y Jackson,J Y Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford
Y Lawrence
Y Lawson Y Lee Y Linder Y Long Y Lord
Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B
Y McKinney,C Y Meadows YMilam
Mobley Y Moody Y Morton Y Moultrie

Y Mueller
Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Y Pinkston y Poag
Y Porter Y Poston
Powell Randall Y Ransom Ray
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 YSmith,W

Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens
Y Streat Y Teper
Thomas,C YThomas,M
Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan YWaddle
Walker,C Walker,L
YWall Ware
Y Watson Y Watts YWhite Y Wilder Y Willia.ms,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1809.

By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court.

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

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins
Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Benefield Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch

Y Breedlove Y Brooks
Brown
Y Buck Y Buford Y Byrd Y Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Ciark,H Y Clark,L
Coleman YColwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M

Y Davis,C Y Davis,G Y Davia,M
Dixon,H
Y Dixon,S Dobbs
Y Dover YDunn Y Edwards YEhrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Hamilton
Y Hanner

Y Harris Y Hasty
Y Heard
Y Herbert Holcomb
Y Holland Y Holmes YHooks Y Howren Y Hudson Ylrwin Y Iaakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson
Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford Y Lawrence

Y Lawson Y Lee Y Linder Y Long Y Lord
Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKi"nney,B Y McKinney,C
Y Meadows YMilam
Mobley Y Moody
Y Morton Y Moultrie Y Mueller
Y Oliver,C YOliver,M
YOrr

TUESDAY, FEBRUARY 13, 1990

1059

Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Y Pinkston YPoag
Y Porter Y Poston.
Powell

Randall
YRansom Ray
Y Reaves y Redding Y Richardson
Y Ricketson Robinson
y Royal
Y Selman Y Simpson Y Sinkfield

YSmith,L Y Smith,P Y Smith,T YSmith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat

Y Teper Thomas,C
YThomas,M Thompson Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker,C

Walker,L Y Wall
Ware Y Watson Y Watts y White
Y Wilder YWilliama,B
Y Williama,J Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1812.

By Representatives Tolbert of the 58th, Clark of the 55th, Richardson of the 52nd, Williams of the 48th, Williams of the 54th and others:
A bill to provide a new charter for the City of Stone Mountain.

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

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen
Y Athon Y Atkins
Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks
Brown Y Buck Y Buford YByrd
Y Campbell Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B
Y Clark,H Y Clark,L
Coleman YColwell
Y Connell Couch
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 Y Edwards Y Ehrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert
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 Jolmson Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord
Lucas
Y Lupton Mangum
Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney,C
Y Meadows Y Milam
Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Y Pinkston y Poag
Y Porter Y Poston
Powell
Randall Y Ransom
Ray
YReaves 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
Smyre YSnow
Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper
Thomas,C Y Thomas,M
Thompson
Thurmond Y Titus Y Tolbert Y Townsend
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, the ayes were 142, 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:

1060

JOURNAL OF THE HOUSE,

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

SB 421. By Senator Peevy of the 48th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that in all felony cases in which the maximum prison sentence imposed is ten years or less, in other felony cases where the maximum sentence is greater than ten years, except capital felonies, and in which defendants have been bound over to the superior court, are confined in jail, or released on bond the district attorney shall have the authority to prefer accusations.

SB 612. By Senators Collins of the 17th, Garner of the 30th and Kennedy of the 4th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning correctional institutions of the state and counties, so as to provide that a copy of the medical records of any inmate who is being transferred from a state to a county correctional facility and who has been determined to have an infectious disease or to be HIV infected shall be transferred with such inmate.

SB 629. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th:
A bill to amend Part I of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the powers of state and local officials relative to school buses, so as to authorize the use of school buses to provide transportation to students to attend summer camps or other recreational activities if school systems are reimbursed in full from sources other than public school funds.

SB 665. By Senator English of the 21st:
A bill to amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products, so as to provide for standards with respect to the grading of dimension lumber; to require persons, firms, or corporations engaged in the business of grading dimension lumber to be licensed by a certain federal authority; to define a certain term.

SB 668. By Senator Howard of the 42nd:
A bill to amend Chapter lOA 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 691. By Senator English of the 21st:
A bill to amend Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the requirement of annual licenses for the operation of warehouses under the "Georgia State Warehouse Act," so as to provide that only one license shall be required for the operation of warehouses by warehousemen who operate two or more warehouses in adjoining counties.

TUESDAY, FEBRUARY 13, 1990

1061

HB 1232.

By Representatives Cheeks of the 89th, Parham of the 105th, Brown of the 88th, Ransom of the 90th, Williams of the 48th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who has been awarded the Purple Heart citation.

HB 1313.

By Representatives Smyre of the 92nd, Buck of the 95th, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Public Telecommunications Commission as a body corporate and politic which shall be deemed to be a public corporation and an instrumentality of the State of Georgia.

HB 1214.

By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
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 change the provisions relating to representation of the petitioner by the district attorney.

HB 1470. By Representatives Colwell of the 4th, Twiggs of the 4th, Irwin of the 13th, Dover of the 11th and Murphy of the 18th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate "The Reach of Song" as the official state historic drama.

HB 1718.

By Representative Smith of the 156th:
A bill to provide for the appointment of the county school superintendent of Mcintosh County by the board of education of Mcintosh County; to provide that the current school superintendent shall serve out the term of office to which he was elected.

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

HB 1329. By Representatives Bargeron of the 108th and Godbee of the llOth:
A bill to amend an Act providing for the election of the members of the board of education of Burke County, so as to provide for the compensation and expense allowance of the members of the board.

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

HB 876. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to provide that unless otherwise provided by concurrent resolution the General Assembly shall during regular sessions automatically adjourn on Fridays and reconvene on Mondays.

1062

JOURNAL OF THE HOUSE,

HB 1575.

By Representative Meadows of the 91st:
A bill to amend an Act incorporating the City of Manchester, so as to provide that those members of the board of commissioners elected at the general election in November, 1988 shall serve until December 31, 1991.

HB 1714.

By Representative Crawford of the 5th:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Chattooga County Hospital Authority, so as to change the method of filling such vacancies.

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

SB 76. 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 certain judge of the superior court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge.

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

HB 1288.

By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1989-1990.

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

SB 421. By Senator Peevy of the 48th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that in all felony cases in which the maximum prison sentence imposed is ten years or less, in other felony cases where the maximum sentence is greater than ten years, except capital felonies, and in which defendants have been bound over to the superior court, are confined in jail, or released on bond the district attorney shall have the authority to prefer accusations.
Referred to the Committee on Judiciary.

SB 612. By Senators Collins of the 17th, Garner of the 30th and Kennedy of the 4th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning correctional institutions of the state and counties, so as to provide that a copy of the medical records of any inmate who is being transferred from a state to a county correctional facility and who has been determined to have an infectious disease or to be HIV infected shall be transferred with such inmate.
Referred to the Committee on State Institutions & Property.

TUESDAY, FEBRUARY 13, 1990

1063

SB 629. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th:
A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the powers of state and local officials relative to school buses, so as to authorize the use of school buses to provide transportation to students to attend summer camps or other recreational activities if school systems are reimbursed in full from sources other than public school funds.
Referred to the Committee on Education.

SB 665. By Senator English of the 21st:
A bill to amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products, so as to provide for standards with respect to the grading of dimension lumber; to require persons, firms, or corporations engaged in the business of grading dimension lumber to be licensed by a certain federal authority; to define a certain term.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 668. By Senator Howard of the 42nd:
A bill to amend Chapter lOA of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, so as to change the provisions relating to definitions; to change the provisions relating to reciprocity; to change the provisions relating to requirements for licensure in professional counseling and social work.
Referred to the Committee on Health & Ecology.

SB 691. By Senator English of the 21st:
A bill to amend Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the requirement of annual licenses for the operation of warehouses under the "Georgia State Warehouse Act," so as to provide that only one license shall be required for the operation of warehouses by warehousemen who operate two or more warehouses in adjoining counties.
Referred to the Committee on Agriculture & Consumer Affairs.

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 1696. By Representatives Murphy of the 18th and Beck of the I 48th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to provide for an Indigent Care Trust Fund; to provide for authority; to provide for credits to an investments of trust fund moneys; to authorize contribution to the trust fund and the conditions thereof.

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

1064

JOURNAL OF THE HOUSE,

Y Aaron Abernathy
Y Adams Aiken
Y Alford Allen
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Clark,H
Y Clark,L
Coleman Colwell Y Connell Y Couch Y Crawford Y Crosby
Y Cummings,B Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M
Y Dixon,H Y Dixon,S Y Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin YGreen
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 YHooks 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 Y Langford Y Lawrence
Y Lawson YLee Y Linder y Long
Y Lord
Lucas Y Lupton y Mangum
Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody
Y 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 Porter Y Poston Powell
Randall Y Ransom YRay Y Reaves y Redding
Y Richardaon Y Ricketson Y Robinson y Royal
Selman Y Simpaon
Y Sinkfield

Y Smith,L Y Smith,P
Smith,T YSmith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Streat Y Teper YThomas,C Y Thomas,M
Tbompaon Thurmond Y Titus Tolbert Y Townsend Y Twiggs Vangban Y Waddle Walker,C Y Walker,L Wall Ware Y Watson Y Watts y White
Wilder Williams,B YWilliams,J Y Yates YYeargin Murphy,Spkr

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

SB 72. By Senator Timmons of the 11th:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to change the provisions relating to the definition of "average annual compensation"; to provide that members of the retirement system may retain membership while holding certain other positions or offices; to change the provisions relating to retirement and disability benefits.

The following amendment was read and adopted:

Representative Buck of the 95th moves to amend SB 72 by inserting in line 6 on page 1 between the word and semicolon "offices;" and the word "to" the following:
"to authorize certain judges of the superior courts to transfer from the Superior Court Judges Retirement System to the District Attorneys' Retirement System; to provide for appointment of certain retiring superior court judges as senior judges;".
By striking all matter appearing in lines 7 through 29 on page 2 and inserting in lieu thereof the following:
'"47-13-40.1. (a) The provisions of this or any other law to the contrary notwithstanding, any member of the retirement system who, without any break in service, accepts an appointment or is elected to any position or office in the state government covered by Chapter 2 of this title, the Employees' Retirement System of Georgia, or Chapter 9 of this title, the Superior Court Judges Retirement System, shall have the right to decline membership in either such retirement system and remain a member of

TUESDAY, FEBRUARY 13, 1990

1065

the retirement system provided for in this chapter while holding such other position or office. The right granted by this subsection shall be exercised within 30 days after taking such other position or office by sending written notification to the board of trustees of this retirement system and the board of trustees of the other retirement system.
(b) (1) The provisions of this subsection shall apply to any superior court judge who is a member of the Superior Court Judges Retirement System provided for in Chapter 9 of this title, who was a member of this retirement system at the time of taking office as a superior court judge, who had at least ten years of creditable service under this retirement system at such time, and who has not withdrawn employee contributions from this retirement system.
(2) The provisions of this or any other law to the contrary notwithstanding, any superior court judge described in paragraph (1) of this subsection shall have the right to withdraw from membership in the Superior Court Judges Retirement System provided for in Chapter 9 of this title and reestablish and continue membership in this retirement system while holding office as a superior court judge, subject to the following requirements:
(A) A superior court judge shall exercise the right granted by this subsection by notifying, in writing, the boards of trustees of the two retirement systems by not later than January 1, 1991;
(B) Upon receiving notification under subparagraph (A) of this paragraph, the Board of Trustees of the Superior Court Judges Retirement System shall transfer to the fund provided for in this chapter an amount equal to the employee and employer contributions, plus regular interest thereon, contributed by and on behalf of the transferring judge during the time the judge was a contributing member of the Superior Court Judges Retirement System;
(C) Upon the transfer of funds under subparagraph (B) of this paragraph, the transferring superior court judge shall be granted creditable service under this retirement system equal to the creditable service obtained as a contributing member of the Superior Court Judges Retirement System; and
(D) The transferring superior court judge shall pay to the fund provided for in this chapter or to the Superior Court Judges Retirement Fund provided for in Code Section 47-9-23, or to both such funds, as the case may be, the amount, if any, necessary to fund the actuarial cost, as determined by the boards of trustees of the respective retirement systems, which is directly attributable to transferring from the Superior Court Judges Retirement System to this retirement system.
(c) The basis for employee contributions to and the computation of benefits under this retirement system for a person who remains a member of or transfers to this retirement system as authorized by subsections (a) and (b) of this Code section shall be the state salary paid to the person in the position or office held by the person. Employer contributions for any such members shall be determined and paid as provided in Code Section 47-13-50.
(d) Any superior court judge who elects to become or continue to be a member of this retirement system pursuant to the provisions of subsection (a) or (b) of this Code section, who completes at least ten years of service as a superior court judge, and who retires pursuant to the provisions of this chapter may become a senior judge under the provisions of Code Section 47-9-60 as if the judge retired under the Superior Court Judges Retirement System."'

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:

1066

JOURNAL OF THE HOUSE,

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates 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 Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H
Y Ciark,L Y Coleman Y Colwell
Y Connell Y Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G
Davis,M Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham YGriffin
Y Groover Y Hamilton Y Hanner

Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren Y Hudson Ylrwin
Isakaon Y Jackson,J Y Jackson,W
Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord
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 Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
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
Smith,W Smyre YSnow Y Stanci~F Y Stancil,S Stanley Y Steele Stephens Y Streat Teper Y Thomas,C YThomas,M Y Thompson Thurmond Titus Y Tolbert N Townsend y Twiggs Y Vaughan YWaddle Walker,C
Y Walker,L Y Wall
Ware Y Watson Y Watts
White
Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 146, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1317. By Representatives Oliver of the 53rd, Smyre of the 92nd, Thompson of the 20th, Hooks of the 116th, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to provide for definitions; to provide for the purpose of such registry.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to provide for definitions; to provide for the purpose of such registry; to provide the conditions under which reports must be made for purposes of inclusion in such registry and the contents thereof; to provide for classifications; to provide for expunging information from the registry; to provide for access to information in the registry; to provide for statistical analyses; to provide for the confidential nature of information in the registry and restrict its public use; to prohibit providing, obtaining, communicating, or using such information and certain attempts relating thereto;

TUESDAY, FEBRUARY I3, I990

I067

to provide for penalties; to provide for immunity from liability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end a new article to read as follows:
"ARTICLE 8
49-5-I80. As used in this article, the term: (I) 'Abuse investigator' means the department, any local department of family and
children services, law enforcement agency, or district attorney or designee thereof. (2) 'Abuse registry' means the central child abuse registry required to be estab-
lished by Code Section 49-5-I81. (3) 'Abused' means subjected to child abuse. (4) 'Child' means any person under I8 years of age. (5) 'Child abuse' means: (A) Any physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means, and this shall be deemed to be physical abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-I83; (B) Neglect or exploitation of a child by a parent or caretaker thereof, and this shall be deemed to be child neglect for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-I83; (C) Sexual assault of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-I83; and (D) Sexual exploitation of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-I83. (6) 'Confirmed' means that an investigation by an abuse investigator has deter-
mined that there is substantial credible evidence that child abuse occurred. (7) 'Division' means the Division of Family and Children Services of the Depart-
ment of Human Resources. (8) 'Out-of-state abuse investigator' means a public child protective agency or law
enforcement agency of any other state bound by confidentiality requirements as to information obtained under this article which are similar to those provided in this article.
(9) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in:
(A) Prostitution, as defined in Code Section I6-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section I6-I2-IOO. (IO) 'Unconfirmed' means that an abuse investigator has been unable to locate the child allegedly abused or has determined by an investigation that there is slight credible evidence that child abuse occurred. (11) 'Under investigation' means that an investigation by an abuse investigator has not been completed. (I2) 'Unfounded' means that an investigation by an abuse investigator has determined that there is no credible evidence that child abuse occurred. 49-5-I81. The division shall establish and maintain a central child abuse registry which shall receive all information regarding suspected cases of child abuse reported to the division pursuant to Code Section 49-5-I83. 49-5-I82. The abuse registry shall be operated in such a manner as to enable abuse investigators to: (I) Immediately identify and locate prior reports of child abuse; and

1068

JOURNAL OF THE HOUSE,

(2) Maintain and produce aggregate statistical data of reported cases of child abuse. 49-5-183. (a) All reports of alleged child abuse received by any abuse investigator pursuant to Code Section 19-7-5 and all cases in which an abuse investigator independently makes a determination that there is reasonable cause to believe a child has been abused shall be reported to the division upon the earlier of:
(1) The completion of the investigation; or (2) Within 30 days after the report pursuant to Code Section 19-7-5 is made or the independent determination by the investigator is made. (b) If, within the 30 days specified in paragraph (2) of subsection (a) of this Code section, the investigation by an abuse investigator: (1) Is completed, that investigator shall classify the alleged abuse as 'unfounded,' 'confirmed,' or 'unconfirmed' and, if classified as:
(A) 'Unfounded,' the abuse investigator shall not make a report to the division, notwithstanding subsection (a) of this Code section; or
(B) 'Confirmed' or 'unconfirmed,' the abuse investigator shall make a report to the division and include such classification; or (2) Is not completed, that abuse investigator shall make to the division a report which classifies the alleged abuse as 'under investigation.' (c) The report to the division pursuant to this Code section shall also include the following: (1) Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused; (2) Name, age, sex, race, social security number, and birthdate of the child's parent, custodian, or caretaker, if known; (3) Name, age, sex, race, social security number, and birthdate of the person alleged to have committed child abuse, if known; and (4) A summary of the known details of the child abuse which at a minimum shall contain the classification of the abuse as provided in paragraph (5) of Code Section 49-5-180 as either sexual abuse, physical abuse, child neglect, or a combination thereof. (d) Upon completion of its investigation of a case reported to the division and classified as 'under investigation,' the abuse investigator shall: [1) Classify such case as 'confirmed,' 'unconfirmed,' or 'unfounded,'; and (2) Report such classification to the abuse registry. 49-5-184. (a) The division shall include in the abuse registry the information reported to it pursuant to Code Section 49-5-183 within ten days after receipt thereof. (b) All identifying information in the abuse registry of cases classified as 'unfounded' shall be expunged from the abuse registry within 60 days after the case is so classified. All identifying information in the abuse registry of cases classified as 'unconfirmed' shall be expunged from the abuse registry within two years after the case is so classified. (c) Any individual whose name appears in the abuse registry may petition the juvenile court of the county in which the report was made for expungement at any time. The juvenile court, after conducting a hearing at which the division has been served with notice and is present, shall order expungement upon a finding that there is no reasonable basis for the petitioning individual's name to be maintained in the abuse registry for the statutorily prescribed period.
49-5-185. (a) Only an abuse investigator, medical examiner, coroner, or out-of-state abuse investigator which has investigated, or is investigating, a case of possible child abuse shall be provided any information from the abuse registry and shall only be provided information relating to that case for purposes of using that information in such investigation, except as provided in subsection (b) of Code Section 49-5-186.
(b) The department shall provide the Governor's office, district attorneys, and law enforcement agencies with a statistical analysis of reported cases from the abuse registry at the end of each calendar year. This analysis shall not include the names of any children, parents, or persons alleged to have committed child abuse. This analysis shall not be protected by any laws prohibiting the dissemination of confidential information.

TUESDAY, FEBRUARY 13, 1990

1069

49-5-186. (a) Information in the abuse registry shall be confidential and access thereto is prohibited except as provided in this article. Such information shall not be deemed to be a record of child abuse for purposes of Article 2 of Chapter 5 of Title 49.
(b) Information obtained from the abuse registry may not be made a part of any record which is open to the public except that a district attorney may use and make public that information in the course of any criminal prosecution for any offense which constitutes or results from child abuse.
(c) Any person who knowingly provides from the abuse registry any information to a person not authorized to be provided that information under this article, shall be guilty of a misdemeanor.
(d) Any person who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the abuse registry except as authorized in this article shall be guilty of a misdemeanor.
49-5-187. The department and employees thereof providing information from the abuse registry as authorized by this article and any person who uses such information from the abuse registry as authorized by this article shall have no civil or criminal liability therefor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Smyre of the 92nd, Oliver of the 53rd and Groover of the 99th move to amend the Committee substitute to HB 1317 by striking the word "Report" on line 27 of page 5 and inserting in lieu thereof the following:
"If the case is classified as 'confirmed' or 'unconfirmed' report".
By striking all matter on lines 33 and 34 of page 5 and on lines 1 through 5 of page 6 and inserting in lieu thereof the following:
"(b) All identifying information in the abuse registry of cases classified as 'unconfirmed' shall be expunged from the abuse registry within two years after the case is so classified. If at any time a case becomes reclassified as 'unfounded' it shall be immediately expunged from the abuse registry."

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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Bamett,B Y Bamett,M Y Bates Y Beck

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

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B
Y Cummings,M Y Davis,C
Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs

Y Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones

1070

JOURNAL OF THE HOUSE,

Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Linder y Long
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B
Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell YParbam Y Parrish
Patten

Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell 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 Smitb,P Y Smitb,T
Y Smith,W Y Smyre YSnow
Y Stancil,F Y Stancil,S N Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C Y Thomas,M
Y Thompson Thurmond
Y Titus

Y Tolhert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L
YWall YWare
Y Watson Y Watts y White YWilder
YWilliams,B Y Williams,J
Y Yatee Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 170, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Linder of the 44th 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 Stanley of the 33rd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1319.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for definitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for definitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures; to prohibit certain conduct relating to such records and information contained therein and provide penalties therefor; to provide immunity for certain disclosures; to prohibit certain information from being made a part of records which are open to the public and provide an exception; to limit certain inspections of records or release of information which would result in loss of federal funds; 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 49 of the Official Code of Georgia Annotated, relating to child abuse records, is amended by striking Code Section 49-5-40, declaring certain records to be confidential, and inserting in its place a new Code section to read as follows:
"49-5-40 ~ used ig this article, the term: (1) 'Abused' means subjected !Q child abuse.
(2) 'Child' means @.Y person under 18 years Qf ~

TUESDAY, FEBRUARY 13, 1990

1071

(3) 'Child abuse' means:
(A) Any physical injury Q!: death inflicted upon ~ child Q.y ~ parent Q!: caretaker
thereof Q.y other than accidental means; (B) Neglect Q!: exploitation Qf ~child Q.y ~parent Q!: caretaker thereof; (C) Sexual assault Qf ~child; Q!: (D) Sexual exploitation Qf ~ child.
(4) 'Sexual exploitation' means conduct Q.y ~ child's parent Q!: caretaker who allows, permits, encourages, Q!: requires that child !Q engage in:
(A) Prostitution, ~ defined i!! Code Section 16-6-9; Q!:
(B) Sexually explicit conduct for the purpose Qf producing _!!!!y visual Q!: print
medium depicting such conduct,~ defined i!! Code Section 16-12-100. ill Each and every record concerning reports of child abuse ftftd ttegleei and child
controlled substance or marijuana abuse which is in the custody of the department or
other state or local agency is declared to be confidential, and access thereto is prohibited
except as provided in Code Section 49-5-41 and Code Section 49-5-41.1."

Section 2. Said article is further amended by striking Code Section 49-5-41, relating to persons permitted access to child abuse records, and inserting in its place the following:
"49-5-41. (a) Notwithstanding Code Section 49-5-40, the following persons or agencies shall have reasonable access to such records concerning reports of child abuse ftftd
deprivation: (1) A legally mandated, public or private, child protective agency of this state or
.!!!!Y other state bound Q.y similar confidentiality provisions and requirementS which~
investigating a report of known or suspected child abuse 61' depri.atien or treating a child or family which is the subject of a report or record;
(2) A court, by subpoena, upon its finding that access to such records may be necessary for determination of an issue before such court; provided, however, that the
court shall examine such record in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an
issue then before it and the record is otherwise admissible under the rules of evidence;
(3) A grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business; ftftd
(4) A district attorney of any judicial circuit in this state or any assistant district attorney who may seek such access in connection with official duty~ ;
(5) Any adult who makes ~ report Qf suspected child abuse ~-required _Q.y Code Section 19-7-5, but such access shall include only notification regarding the child concerning whom the report was made, shall disclose only whether the investigation _Q.y the department Q!: governmental child protective agency Qf the reported abuse ~
ongoing Q!: completed and, if completed, whether child abuse was confirmed Q!: unconfirmed, and shall only be disclosed if requested .\1y the person making the report;
and
(6) Any adult requesting information regarding investigations .\1y the department Q!: ~ governmental child protective agency regarding ~ deceased child when such ~ son specifies the identity Qf the child, but such access shall be limited !Q ~ disclosure regarding whether there ~ such an ongoing Q!: completed investigation Qf such death
and, if completed, whether child abuse was confirmed Q!: unconfirmed. (b) (I) Notwithstanding Code Section 49-5-40, the juvenile court i!! the county i!!
which are located _!!!!y department Q!: county board records concerning reports Qf child
abuse, after application for inspection and !! hearing on the issue, shall permit inspec-
tion Qf such records .\1y Q!: release Qf information from such records !Q individuals Q!:
entities who are engaged i!! legitimate research for educational, scientific, Q!: public
purposes and who comply with the provisions Qf this subsection. When those records
are located i!! more than one county, the application ~ be made !Q the juvenile court Qf _!!!!y one such county. A ~ Qf !!!!Y application authorized _Q.y this subsection
shall be served on the nearest office Qf the department. In cases where the location Qf the records~ unknown !Q the applicant, the application~ be made !Q the Juvenile Court Qf Fulton County.

1072

JOURNAL OF THE HOUSE,

(2) The juvenile court !Q which an application ~ made pursuant !Q paragraph (1)

Qf this subsection shall not grant the application unless:

-

(A) The application includes !! description Qf the proposed research project,

including !! specific statement Qf the information required, the purpose for which

the project requires that information, and ~ methodology !Q assure the information

~ not arbitrarily sought;

(B) The applicant carries the burden Qf showing the legitimacy Qf the research

project; and
(C) The applicant agrees, and the court ~ orders the applicant, not !Q disclose: (i) The name, address, Q!: other identifier Qf ~ child;

(ii) Information which would identify individuals who were investigated but
not charged with Q!: prosecuted for !! crime Q!: who were reporters Qf child abuse;

or
-(iii) Information which would prove personally embarrassing !Q individuals who were not targets Qf _1!!!Y investigation unless the juvenile court determines that
exceptional interests militate i!! favor Qf disclosure
but _1!!!Y agreement order pursuant !Q this subparAAraph shall not l!PP!Y_ !Q information obtained from other than the records !Q which the applicant ~ afforded access

under this subsection.
(3) If an applicant fails !Q conduct !! research project i!! accordance with the
research application submitted pursuant !Q this subsection Q!: fails !Q comply with sub-
paragraph iQ}_ Qf paragraph ill Qf this subsection, the court issuing the order under that paragraph ill !!!!!Y terminate access, impose other restrictions, hold the applicant i!! contempt Qf court, Q!: impose _1!!!Y combination Qf such sanctions.
(4) Notwithstanding the provisions Qf this subsection, access !Q the child abuse registry created pursuant !Q Article ~ Qf this chapter shall not be permitted except ~
allowed !1Y Article~ Qf this chapter. W .(g_ The department or a county or other state or local agency may permit access

to Stteh records concerning reports of child abuse ftftd depri.ation and !!!!!Y release infor-

mation from such records to the following persons or agencies when deemed appropriate by such departmen_t_:- -

(1) A physician who has before him a child whom he reasonably suspects may be

abused or depri\ ed;
(2) Police or _1!!!Y other law enforcement agency Qf this state Q!: _1!!!Y other state Q!:

!!!!Y medical examiner Q!: coroner investigating a report of known or suspected child

abuse or depri.ation;

(3) A person legally authorized to place a child in protective custody when such

person has before him a child he reasonably suspects may be abused or depri~ed and

such person requires the information in the record or report in order to determine

whether to place the child in protective custody; ftftd (4) An agency or person, otfteto ihaft a eltild-'s parent or g1:1ardian, having the legal

custody, responsibility, or authorization to care for, treat, or supervise the child who

is the subject of a report or record, ;
~ agency, facility, Q!: person having responsibility Q!: authorization !Q assist i!! making !! judicial determination for the child who ~ the subject Qf the report Q!: record Qf child abuse, including but not limited !Q members Qf officially recognized cit-

izen review panels, court appointed guardians ad litem, certified Court Appointed Spe-
cial Advocate (CASA) volunteers who are appointed !1Y !! judge Qf!! juvenile court !Q
act ~ advocates for the best interest Qf ~ child _!!! ~ juvenile proceeding, and members Qf !! county child abuse protocol committee Q!: task force;
~ legally mandated public child protective agency Q!: law enforcement agency
Qf another state bound !1Y similar confidentiality provisions and requirements when,
during Q!: following the department's investigation Qf !! report Qf child abuse, the

alleged abuser has left this state;
i1L___A child welfare agency, ~ defined i!! Code Section 49-5-12, Q!: ~ school where the department has investigated allegations Qf child abuse made AAainst _1!!!Y employee Qf such agency Q!: school and _1!!!Y child remains !!! risk from exposure !Q that

employee;

TUESDAY, FEBRUARY 13, 1990

1073

1ID._______A!! employee Qf !! school Q! employee Qf !! child welfare agency, ~ defined fu Code Section 49-5-12, against whom allegations Qf child abuse have been made, when the department has been unable !2 determine the extent Qf the employee's involvement fu alleged child abuse against !!!! child fu the care Qf that school Q! agency. In
those instances, upon receiving !! request and signed release from the employee, the
department !!!!! report its findings !2 the employer; and (9) Any person who has an ongoing relationship with the child named fu the
record Q! report Qf child abuse !!!! P!!!:! Qf which ~ !2 be disclosed !2 such person but only !f that person ~ required !2 report suspected abuse Qf that child pursuant !2 subsection ihl Qf Code Section 19-7-5, ~ that subsection existed on January !.,
1990."
Section 3. Said article is further amended by striking Code Section 49-5-44, relating to penalties for allowing unauthorized access to certain records, and inserting in its place a new Code section to read as follows:
"49-5-44. _{!!.)_ Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41 to have access to such records concerning reports of child abuse 8ftd depritati61t declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor.
(b) Any person who knowingly and under false pretense obtains Q! attempts !2
obtain records Q! reports Qf child abuse declared confidential Qy Code Section 49-5-40
Q! information contained therein except ~ authorized !!! this article Q! Code Section
19-7-5 shall be guilty Qf!! misdemeanor. (c) Records made confidential Qy Code Section 49-5-40 and information obtained
from such records !!!!! not be made !! P!!!:! Qf !!!! record which ~ open !2 the public except that !! district attorney !!!!! use and make public that record Q! information fu the course Qf !!!! criminal prosecution for !!!! offense which constitutes Q! results from
child abuse."
Section 4. Said article is further amended by adding at the end a new Code section to read as follows:
"49-5-46. The department or any agency and employees of either providing access to or disclosure of records or information as authorized by Code Section 49-5-41 shall have no civil or criminal liability therefor."
Section 5. This Act shall not authorize or require the inspection of any records or the release of any information if that inspection or release would result in the loss of any federal funds to the state.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Thomas of the 69th and Pettit of the 19th move to amend the Committee substitute to HB 1319 by striking the word "and" on line 30 of page 3 and by striking the period at the end of paragraph (6) on line 50fpage 4 and inserting in lieu thereof ".i and".
By inserting between lines 5 and 6 on page 4 the following:
"(7) The State Personnel Board, Qy administrative subpoena, upon !! finding Qy !!
State Personnel Board administrative hearing officer that access !2 such records !!!!! be necessary for !! determination Qf an issue involving departmental personnel, provided that Q!!!y those parts Qf the record relevant !2 the personnel action shall be disclosed.
The name Qf !!!! complainant Q! client shall not be identified nor entered into the record."

The Committee substitute, as amended, was adopted.

1074

JOURNAL OF THE HOUSE,

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

Y Aaron Y Abernathy
Y Adams Y Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates 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 Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G
Y Davis,M
Y Dixon,H
Y Dixon,S Y Dobbs Y Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W 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
YHooks 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 y Long
Y Lord Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley
Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell 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 YSmith,W Y Smyre Y Snow Y Stancil,F
Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper
Y Thomas,C
YThomas,M YThompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
i~a.::t.li: Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1318.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Thompson of the 20th, Lawson of the 9th, Hooks of the 116th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such committees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoenas.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such committees regarding certain deaths of children; to provide for

TUESDAY, FEBRUARY 13, 1990

1075

committee meetings, investigations, and reports concerning such deaths and provide for subpoenas; to provide for transmitting reports of these committees and conditions relating thereto; to create the State-wide Child Fatality Review Panel and provide for its selection, membership, organization; meetings, duties, and powers; to provide for terms of panel members and for vacancies on the panel; to provide for compensation, expenses, and allowances of the panel; to provide for reports and procedures; to provide for the privileged and confidential nature of certain information and meetings; to prohibit certain disclosures and provide for criminal penalties; to provide for immunity from liability; to provide for statutory construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding domestic relations, is amended by striking that chapter and inserting in its place a new chapter to read as follows:
"CHAPTER 1
19-1-1. As used!!! this chapter, the term: (1) 'Abused' means subjected !Q child abuse. (2) 'Child' means !!!!.Y person under 18 years Qf ~ (3) 'Child abuse' means:
(A) Any physical injury Q! death inflicted upon !! child Qy !! parent Q! caretaker thereof .Qy other than accidental means;
(B) Neglect Q! exploitation Qf!! child .Qy!! parent Q! caretaker thereof; (C) Sexual assault Qf!! child; Q! (D) Sexual exploitation Qf!! child. (4) 'Child protection professional' means !!!!.Y person who ~employed Qy the state Q! !! political subdivision Qf the state ~ !! law enforcement officer, schoolteacher, school administrator, Q! school counselor Q! who~ employed !Q render services !Q children Qy the Department Qf Human Resources Q! !!!!.Y county board Qf health Q! county department Qf family and children services. (5) 'Committee' means !! child abuse protocol committee established pursuant !Q Code Section 19-1-2.
W ~ means the State-wide Child Fatality Review Panel created Qy Code Sec-
tion 19-1-4.
----rlf'RePort' means !! report prepared .Qy !! committee pursuant !Q subsection !hl
of Code Section 19-1-3. - (8)'SexualeXi.lfOitation' means conduct Qy !! child's parent or caretaker who allows, permits, encourages, Q! requires that child !Q engage in:
(A) Prostitution, ~ defined !!! Code Section 16-6-9; Q! (B) Sexually explicit conduct for the ~ Qf producing !!!!.Y visual .Q! print medium depicting such conduct,~ defined!!! Code Section 16-12-100. !9-l--l-; 19-1-2. (a) Each county shall be required to establish a child abuse protocol as provided in this Code section. (b) The chief superior court judge of the circuit in which the county is located shall establish a child abuse protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meeting. Thus established, the committee shall thereafter elect a chairperson from its membership. (c) (1) Each of the following agencies of the county shall designate a representative to serve on the committee: (A) The office of the sheriff; (B) The county department of family and children ehildren's services; (C) The office of the district attorney; (D) The juvenile court; (E) The magistrate court; (F) The county board of education;

1076

JOURNAL OF THE HOUSE,

(G) The county mental health organization;
(H) The office of the chief of police of a county in counties which have a county police department; ami
(I) The office of the chief of police of the largest municipality in the county. ;
(J) The county board Qf health, which shall designate !!_ physician !Q serve on- the
committee; and
(K) The office Qf the coroner Q! county medical examiner.
(2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a repre-
sentative from a local citizen or advocacy group which focuses on child abuse awareness and prevention.
(d) The chief superior court judge or, after the first meeting, the child abuse protocol committee thus established may appoint such additional members as necessary and
proper to accomplish the purposes of the committee. (e) The committee shall, by July 1, 1988, adopt a written child abuse protocol which
shall be filed with the Division of Family and Children Services of the Department of Human Resources, a copy of which shall be furnished to each agency in the county han-
dling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from
alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child.
(f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of
all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment
is provided for the perpetrator, the family, and the child. (g) Upon completion of the writing of the child abuse protocol, the committee shall
continue in existence and may meet from time to time for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating same.
19-1-3. (a) When_!! medical examiner files_!! report regarding the death Qf .!!!!Y child with the director Qf the division Qf forensic services Qf the Georgia Bureau Qf Investigation pursuant !Q Code Section 45-16-25, that medical examiner l!!_ the same time shall
also transmit _!! ~ Qf that report !Q the committee Qf the county !!! which such child
resided at the time of death.
(b) AcOiilrllitiee-which receives!!_ report pursuant !Q subsection ill Qf this Code sec-
tion shall meet and review the report within ten days after receipt and conduct its own
investigation into the death Qf the child named !!! that report. The committee .!!!!!Y
obtain from !!!!Y superior court judge Qf the county for which the committee was created !!_ subpoena !Q compel the production Qf documents Q! attendance Qf witnesses when that judge has made !!_ finding that such documents Q! witnesses are necessary for the com-
mittee's investigation; provided, however, that this Code section shall not modify Q! impair the privileged communications ~ provided _Qy law except ~ otherwise provided
!!! Code Section 19-7-5. The committee shall complete the investigation and prepare its own report regarding the death Qf the child named !!! the medical examiner's report
received _Qy the committee. The committee's report shall be completed within 20 days, Saturdays, Sundays, and holidays excluded, following the first meeting Qf the committee held after the committee received the medical examiner's report. The committee's report
shall:
(1) State the circumstances leading !!P !Q death and cause Qf death; (2) Detail !!!!Y agency involvement prior !Q death, including the beginning and endi!!g dates and kinds Qf services delivered, the reasons for initial agency activity, and the reasons for !!!!Y termination Qf agency activities; (3) State whether !!!!Y agency services had been delivered !Q the family Q! child
prior !Q the circumstances leading !Q the child's death;
(4) State whether court intervention had ever been sought;
(5) Conclude whether services Q! agency activities delivered prior !Q death were
appropriate and whether the child's death could have been prevented; and

TUESDAY, FEBRUARY 13, 1990

1077

(6) Make recommendations for possible prevention Qf future deaths Qf similar inci-
dents for children who are at risk for such deaths.
~The committeeshall transmit!! copy Qf its report within 15 days following its completion !Q the Department Qf Human Resources and !Q the panel. The committee shall also transmit !!_ ~ Qf its report within 15 days following its completion !Q the district attorney Qf the county for which the committee was created !f the report con-
cluded that the child named therein died as a result of: ---(1) Sudden Infant Death8Yndromewhen no autopsy was performed !Q confirm
the diAAnosis;
(2) Accidental death when i! appears that the death could have been prevented
through intervention Q! supervision;
(3) Any sexually transmitted disease;
(4) Medical causes which could have been prevented through intervention Qy an agency Q! Qy seeking medical treatment;
(5) Suicide Qf!! child !!!_custody Q! known !Q the Department Qf Human Resources Q! when the finding Qf suicide ~ suspicious;
(6) Suspected Q! confirmed child abuse;
(7) Trauma !Q the head Q! body; Q!
(8) Homicide.
19-1-4. (a) There ~ created the State-wide Child Fatality Review Panel which shall be composed ~ follows:
(1) One district attorney;
(2) One juvenile court judge;
(3) One citizen member who ~ not employed Qy Q! an officer Qf the state Q! _!!!!Y
political subdivision thereof;
(4) One medical examiner employed Qy the state; (5) The chairman Qf the Board Qf Human Resources; (6) The director Qf the Division Qf Family and Children Services Qf the Department Qf Human Resources; (7) The director Qf the Georgia Bureau Qf Investigation; and
(8) The Attorney General.
(b) Members Qf the panel specified !!!_ paragraphs (1) through (4) Qf subsection (a) Qf this Code section shall be appointed Qy the Governor for initial terms Qf office !Q begin ~ L 1990, and expire June QQ. 1992, and until their respective successors are appointed and qualified. Thereafter, successors !Q such members whose terms Qf office
are !Q expire shall be appointed for terms beginning on July _! Qf the ~ .!!! which such
terms expire and shall serve for terms Qf two years and until their respective successors
are appointed and qualified. Vacancies !!! the membership Qf the panel 2 appointed
shall be filled !!!_ the same manner ~ the original appointment for the unexpired term
Qf office. Members Qf the panel specified !!! paragraphs (5) through_@} Qf subsection (a)
Qf this Code section shall serve during the time such persons hold the offices Q! position
specified therein.
(c) Those members Qf the panel described !!! paragraphs (4) through (8) Qf subsection 1!!1 Qf this Code section shall receive no additional compensation for their services
on the panel but shall receive the same daily expense and travel Q! mileage allowance authorized for members Qf the General Assembly for service on interim study commit-
tees, which shall be payable from the department Q! agency Qf which such member .!;
an employee Q! officer. The remaining members Qf the panel shall receive from state
funds no compensation, expenses, Q! allowances for such services on the panel.
(d) The chairman Qf the Board Qf Human Resources shall serve~ chairman Qf the panel. The panel shall meet yearly !Q review the reports Qf committees and shall meet when requested !Q do ~ Qy the Governor. The chairman shall review each report submitted !Q the panel Qy I!_ committee and !!!!!J call !!_ special meeting 2f the panel !Q_
review _!!!!Y report when the chairman has concluded the report warrants expedited
review and has been requested Qy the submitting committee !Q make such expedited
review.
(e) At the end Qf each calendar year, the panel shall submit!!_ report !Q_ the Governor
regarding the prevalence and circumstances Qf child fatalities !!! the state, recommend

1078

JOURNAL OF THE HOUSE,

measures j;Q reduce such fatalities caused Qy other than natural causes, and shall address
i!! the report the following issues:
(1) Whether the deaths could have been prevented;
(2) Whether the children were known j;Q !!!!Y state 2! local agency; (3) Whether ~ intervention could have prevented their deaths;
(4) Whether policy, regulatory, 2! statutory changes are called for ~ !! result 2f
these findings; and
(5) Whether !!!!Y referral should have been made j;Q !! law enforcement agency
which was not made.
(f)Tilllpanel shall also establish procedures for the conduct 2f investigations Qy committees into deaths 2f children and ~ obtain the assistance Qf child protection professionals i!! establishing such procedures.
19-1-5. Meetings and proceedings of:
1lL___A committee i!! the exercise 2f its duties shall be closed j;Q the public and shall not be subject j;Q Chapter 14 2f Title Q, relating !Q open meetings;
(2) The panel shall be open !Q the public ~ !2!!g ~ information identifying !!
deceased child, !!!!Y family member 2f the child, 2! alleged 2! suspected perpetrator
Qf abuse upon the child ~ not disclosed during such meetings 2! proceedings, but the panel ~ authorized j;Q close such meeting !Q the public when such identifying informa-
tion ~ required !Q be disclosed !Q members 2f the panel i!! order for the panel !Q carry
out its duties. 19-1--=6. -w-Records and other documents which are made public records pursuant
j;Q !!!!Y other provisions 2f law shall remain public records notwithstanding their being
obtained, considered, 2! both, Qy either !! committee 2! the panel.
(b) Notwithstanding !!!!Y oth~ provision Qf law !Q the contrary, reports Qf!! committee made pursuant !Q Code Section 19-1-3 and reports 2f the panel made pursuant !Q
Code Section 19-1-4 shall be public records and shall be released !Q !!!!Y person making
!! request therefor but the panel Q! committee having possession 2f such records Q!
reports shall only release them after expunging therefrom all information contained
therein which would permit identifying the deceased child, !!!!Y family member 2f the child, !!!!Y alleged 2! suspected perpetrator 2f abuse upon the child, 2! !!!!Y reporter 2f
suspected child abuse.
(c) Statistical compilations 2f data Qy!! committee 2! the panel based upon informa-
tion received thereby and containing no information which would permit the identifica-
tion 2f !!!!Y person shall be public records. (d) Members Qf!! committee 2! 2f the panel shall not disclose what transpires!!!_ !!!!Y
meeting other than one made public Qy Code Section 19-1-5 nor disclose !!!!Y informa-
tion the disclosure 2f which ~ prohibited Qy this Code section, except !Q carry out the purposes 2f this chapter. A!!Y person who knowingly violates this subsection shall be guilty 2f!! misdemeanor.
~ person who presents information !Q !! committee Q! the panel Q! who ~ !! mem-
ber 2f either body shall not be questioned i!! !!!!Y civil 2! criminal proceeding regarding
such presentation 2! regarding opinions formed .Qy 2! confidential information obtained
Qy such person ~ !! result 2f serving ~ !! member 2f either body. This subsection shall
not be construed j;Q prohibit !!!!Y person from testifying regarding information obtained
independently 2f !! committee 2! the panel. (f) Except ~ otherwise provided i!! this Code section, information acquired Qy and
records 2f !! committee 2! the panel shall be confidential, shall not be disclosed, and shall not be subject !Q Article 1 2f Chapter 18 2f Title Q, relating !Q open records, Q! subject !Q subpoena, discovery, 2! introduction into evidence i!! !!!!Y civil Q! criminal .P!Q:
ceeding.
_{gL____A member 2f !! committee 2! the panel shall not be civilly 2! criminally liable
for !!!!Y disclosure Qf information made .Qy such member ~ authorized .Qy this Code sec-
tion."
Section 2. Nothing in this Act shall be construed to authorize or require the inspec-
tion of any records or the release of any information if that inspection or release would
result in the loss of any federal funds to the state.

TUESDAY, FEBRUARY 13, 1990

1079

Section 3. Those provisions of this Act relating to and necessary for purposes of appointing members of the child abuse protocol committees and the State-wide Child Fatality Review Panel shall become effective when this Act is approved by the Governor or becomes law without such approval. The remaining provisions of this Act shall become effective July 1, 1990.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Smyre of the 92nd and Oliver of the 53rd move to amend the Committee substitute to HB 1318 as follows:
By adding on line 10 page 11 the following:
"In any proceeding in which testimony of such a member is offered the court shall first determine the source of such witness's knowledge."

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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
Bamett,M
Y Bates Y Beck
Y Benefield Y Benn Y Birdsong Y Bishop
Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B
Y Clark,H Y Clark,L YColeman Y Colwell Y Connell Y Couch 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 YDunn
Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foater 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 YHooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B
Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M YOn
YOnock Y Padgett Y Pannell
YParharn Y Parrish
Patten
Y Pettit Pinkston
y Poag
Y Porter Y Poaton Y Powell y Randall
Y Ransom YRsy Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson
Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T YSmith,W Y Smyre
YSnow Y Stancii,F Y Stancii,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C Y Thomas,M YThompson YThurmond Y Titus
Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts y White
Y Wilder Y Williarns,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

1080

JOURNAL OF THE HOUSE,

SR 306. By Senator Fincher of the 54th: A resolution designating the Warren D. Earnest, Sr. Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 307. By Senator Fincher of the 54th: A resolution designating the William Deverell, Sr. Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 104, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 336. By Senator Pollard of the 24th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a water supply distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in McDuffie 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 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1708. By Representatives Kilgore of the 42nd, Watson of the 114th and Byrd of the 153rd:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds of local governments, so as to provide a legislative intent; to provide certain definitions; to provide that the Department of Community Affairs may increase the amount of any notice of allocation of the state ceiling on private activity bonds 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 Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom

Y Bannister Y Barfoot
Y Bargeron
Y Bamett,B Y Bamett,M
Bates Beck Y Benefield Y Bonn Y Birdsong Y Bishop

Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Carter

Y Chambless
Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch

Y Crawford Y Crosby
Y Cummings,B Y Cummings,M Y Davia,C
Davis,G Y Davia,M
Dixon,H
Y Dixon,S YDobbs Y Dover

TUESDAY, FEBRUARY 13, 1990

1081

YDunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
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
YHooks

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
Linder Y Long
Y Lord Y Lucas Y Lupton Y Mangum Y Martin

Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
YParham Y Parrish
Patten Y Pettit
Pinkston Poag
Y Porter

Y Poston Y Powell y Randall
YRansom YRay
Y Reaves Y Redding
Richardson Y Ricketson Y Robinson y Royal YSelman Y Simpson
Y Sinkfield Y Smith,L Y Smith,P Y Smith,T YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens

Y Streat Y Teper
YThomas,C YThomas,M YThompson
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 YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

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

HB 1628. By Representatives Holmes of the 28th, Goodwin of the 63rd, Moultrie of the 93rd, Greene of the 130th and Stancil of the 8th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates.

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

Y Aaron Y Abernathy Y Adams Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
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 Campbell
Y Carrell Y Carter YChambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell
Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C
Davis,G Y Davis,M
Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green
Y Greene Gresham Griffin
Y Groover Hamilton
Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones

Y Kilgore
Y Kingston Y Lane,D YLane,R Y Langford Y Lawrence
Y Lawson Y Lee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley
Moody
Y Morton Y Moultrie
Mueller Y Oliver,C
Oliver,M Y Orr

Y Orrock
Y Padgett Y Pannell YParham Y Parrish
Patten
Y Pettit Pinkston Poag
Y Porter Y Poston Y Powell y Randall
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 Y Smith,T Y Smith,W Y Smyre
YSnow

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JOURNAL OF THE HOUSE,

Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat

Y Teper Y Thomas,C
Thomas,M Y Thompson Y Thurmond Y Titus

Y Tolbert
Y Townsend Twiggs
Y Vaughan
Y Waddle Y Walker,C

Y Walker,L YWall
Ware
Y Watson Y Watts y White

Wilder YWilliams,B Y Williams,J Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Thompson of the 20th moved that the following Bill of the Senate be withdrawn from the Committee on Industry and referred to the Committee on State Institutions and Property:

SB 678. By Senator Kidd of the 25th:
A bill to amend Code Section 30-3-2 of the Official Code of Georgia Annotated, relating to definitions pertaining to handicap access to public facilities, so as to provide that the provisions of Chapter 3 of Title 30, relating to handicap access to public facilities, shall apply to certain multifamily dwellings constructed for first occupancy after March 13, 1991.
The motion prevailed.

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

HB 1632.

By Representatives Murphy of the 18th, Groover of the 99th and Walker of the 115th:
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 "Act Creating the Superior Court Judges Retirement System," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.

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

Y Aaron
Y Abernathy Y Adams N Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates
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 Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell

Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Y Dixon,H
Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster

Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Hanner YHarris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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
Long Y Lord Y Lucas
Y Lupton Y Mangum Y Martin

TUESDAY, FEBRUARY 13, 1990

1083

Y McCoy McDonald
Y McKelvey McKinney,B
Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr

Y Orrock Y Padgett
Y Pannell YParbam Y Parrish.
Patten
Y Pettit Pinkston
YPoag
Y Porter Poston
Y Powell y Randall Y Ransom YRay

Y Reaves y Redding
Richardson Y Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T
YSmith,W Y Smyre
Y Snow

Y Stancii,F
Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C
YThomas,M YThompson
YThurmond Y Titus
Tolbert Y Townsend YTwiggs

Y Vaughan
Y Waddle Y Walker,C Y Walker,L
Y Wall Ware
Y Watson
Y Watte y White
Wilder Y Williarns,B Y Williarns,J
Y Yatee Y Yeargin
Murphy,Spkr

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

HB 1633. By Representatives Murphy of the 18th, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional retirement benefits available to Justices of the Supreme Court and Judges of the Court of Appeals, so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.

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

Y Aaron Y Abernathy
Y Adams N Aiken Y Alford Y Allen Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B
Barnett,M
Y Bates y Beck
Y Benefield Y Benn Y Birdsong Y Bishop
Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell
Y Connell Y Couch 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 Dobbe
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster Y Godbee Y Goodwin YGreen Y Greene
Gresham Griffin Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson Y Irwin
Isakson
Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R
Langford
Y Lawrence Y Lawson YLee Y Linder YLong Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy YMcDonald Y McKelvey

Y McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie
Mueller Y Oliver,C
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 Randall Y Ransom
Ray
Y Reaves y Redding
Y Richardson
Y Ricketson Y Robinson y Royal y Selman
Y Simpson. Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T YSmith,W Y Smyre Y Snow
Y Stencii,F Y Stencil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C Y Thomas,M
Thompson
Y Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker,C Y Walker,L
Y Wall Ware
Y Watson
Y Watte y White
Wilder Y Williarns,B Y Williarns,J
Y Yatee Y Yeargin
Murphy,Spkr

1084

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

HR 279. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that a political subdivision whose ad valorem taxing powers are restricted by constitutional amendment may impose a local sales and use tax without a corresponding limitation of its ad valorem taxing powers.

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
Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M
Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Bostick Y Branch
Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Y Connell Y Couch Y Crawford Y Crosby
Y Cummings,B
Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster y Godbee
Y Goodwin Y Green Y Greene
Gresham Griffin Y Groover Y Hamilton
Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes YHooks 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
YMartin Y McCoy
Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett
Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston YPowell y Randall
Y Ransom YRay Y Reaves y Redding
Y Richardson Y Ricketeon Y Robinson y Royal
YSelman Y Simpson
Y Sinkfield

Smith,L Y Smith,P Y Smith,T
Y Smith,W Smyre
YSnow Y Stancil,F Y Stancii,S
Stanley
Y Steele Y Stephens
Y Streat Y Teper
YThomas,C YThomas,M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vanghan Y Waddle Y Walker,C Y Walker,L Y Wall
Ware Y Wateon Y Watts Y White Y Wilder YWilliams,B Y Williams,J Y Yates y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 796. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th

TUESDAY, FEBRUARY 13, 1990

1085

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 providing financing assistance to farmers to encourage economic development and consumer availability of emerging crops and to authorize the appropriation of funds for the purposes of such emerging crops fund; to repeal a resolution previously adopted at the 1990 session; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by redesignating the last two subparagraphs designated as subparagraph (g) as subparagraphs
(h) and (i), respectively, and by adding at the end thereof a new subparagraph G) to read
as follows: "G) The General Assembly is authorized to provide by general law for the creation
of an emerging crops fund from which to pay interest on loans made to farmers to enable such farmers to produce certain crops on Georgia farms and thereby promote economic development. The General Assembly is authorized to appropriate moneys to such fund and moneys so appropriated shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of appropriated funds. Interest on loans made to farmers shall be paid from such fund pursuant to such terms, conditions, and requirements as the General Assembly shall provide by general law. The General Assembly may provide by general law for the administration of such fund by such state agency or public authority as the General Assembly shall determine."

Section 2. House Resolution Number 466 proposing an amendment to the Constitution to authorize the General Assembly to provide by law for an emerging crops loan fund which was previously adopted by the General Assembly at the 1990 regular session is repealed in its entirety.

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

"( ) YES ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of providing financing assistance to farmers to encourage economic development and consumer availability of emerging crops?"

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

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 Allen Y Athon Y Atkins

Y Bailey Y Baker
Balkcom Y Baonister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M

Y Bates Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Braoch

Y Breedlove Y Brooks Y Brown
Y Buck Y Buford y Byrd
Y Campbell Carrell

Y Carter YChambless Y Chaoce Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L

1086

JOURNAL OF THE HOUSE,

Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby
Y Cummings,B Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooks 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

Lawson Y Lee
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 YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett
Y Pannell YParham

Y Parrish
Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell y Randall Y Ranaom
Ray Y Reaves y Redding Y Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson
Y Sinkfield Smith,L
Y Smith,P Y Smith,T YSmith,W
Smyre
Snow Y Stancil,F Y Stancil,S

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

Y Stanley
Steele Y Stephens Y Streat Y Teper YThomas,C
YThomas,M Thompson
YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder YWilliams,B
YWilliams,J Y Yates Y Yeargin
Murphy,Spkr

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

HB 1674.

By Representatives Ware of the 77th, Dunn of the 73rd, Lawson of the 9th, Groover of the 99th, Jones of the 71st and others:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to authorize the promulgation of regulations regarding marketing practices, compensation arrangements, and reporting practices of insurers for medicare supplement insurance policies.

The following amendment was read and lost:

Representative Wilder of the 21st moves to amend HB 1674 as follows: On page one line 20 delete the words "compensation arrangements".

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

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot

Y Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsoug Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks

Y Brown
YBuck
Y Buford Y Byrd
Y Campbell Y Carrell Y Carter YChambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H

Y Clark,L
Y Coleman Y Colwell
Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Y Dixon,H

YDixon,S y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin

TUESDAY, FEBRUARY 13, 1990

1087

Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty
Y Heard Y Herhert Y Holcomb Y Holland Y 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 Lswson Y Lee Y Linder Y Long Y 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 Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y PanneD YParham Y Parrish
Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom

YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield
Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens Y Streat Y Teper

Y Thomas,C YThomas,M Y Thompson YThurmond Y Titus Y Tolhert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Wilder of the 21st gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1674.

HB 1686. By Representatives Pettit of the 19th, Byrd of the 153rd, Watson of the 114th, Murphy of the 18th, Branch of the 137th and others:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to change the provisions relating to the exception of boilers and pressure vessels operated and maintained for the production and generation of electricity and the exception of boilers and pressure vessels operated and maintained for the production and generation of steam used in a manufacturing process.

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

Y Aaron N Ahernathy Y Adams N Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom N Bannister Y Barfoot Y Bargeron Y Bamett,B Y Barnett,M
N Bates Beck
Y Benefield Y Benn Y Birdsong

N Bishop
N Bostick Y Branch N Breedlove N Brooks N Brown Y Buck Y Buford Y Byrd N Campbell Y Carrell N Carter
Chambless Y Chance N Cheeks Y Childers NClark,B N Clark,H Y Clark,L
Coleman Y Colwell

N ConneD Y Couch N Crawford N Crosby N Cummings,B N Cummings,M N Davis,C N Davis,G
Davis,M Y Dixon,H Y Dixon,S N Dobbs
Dover YDunn Y Edwards N Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster

Y Godhee N Goodwin
Green N Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner Harris N Hasty N Heard N Herhert Y Holcomb Y Holland N Holmes Hooks N Howren
N Hudson Ylrwin
Isakson

Y Jackson,J N Jackson,W N Jamieson Y Jenkins
Jolmson N Jones
Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford N Lswrence Y Lawson y Lee
N Linder Long
Y Lord N Lucas N Lupton
Mangum Martin

1088
Y McCoy Y McDonald N McKelvey N McKinney,B N McKinney,C N Meadows NMilam N Mobley
Moody N Morton N Moultrie N Mueller Y Oliver,C N Oliver,M N Orr

JOURNAL OF THE HOUSE,

Orrock
N Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit N Pinkston y Poag
N Porter Y Poston Y Powell
Randall N Ransom YRay

Y Reaves
N Redding Y Richardson
Ricketson Y Robinson N Royal N Selman Y Simpson N Sinkfield
Smith,L N Smith,P Y Smith,T
Y Smith,W Smyre
N Snow

Y Stancii,F
N Stancii,S N Stanley N Steele Y Stephens Y Streat N Teper YTbomas,C
Thomas,M Thompson NTburmond N Titus N Tolbert N Townsend y Twiggs

N Vanghan
Waddle Y Walker,C Y Walker,L Y Wall
Ware Watson Y Watts Wbite N Wilder NWilliams,B N Williams,J
NYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 77, nays 72. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Pettit of the 19th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1686.

HB 1623. By Representatives Robinson of the 96th, Cummings of the 17th, Dover of the 11th, Thurmond of the 67th and Harris of the 84th:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law.

The following substitute, offered by Representative Morton of the 47th, was read:

A BILL
To amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law; to provide for other matters; to change the level of tax liability below which no return need be filed and no taxes need be paid; to provide for a referendum; to provide for effective dates and applicability; 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 48 of the Official Code of Georgia Annotated, relating to intangible personal property taxation, is amended by striking paragraph (16) of Code Section 48-6-22, relating to exemptions from intangible taxation, and inserting in its place a new paragraph (16) to read as follows:
"(16) Stock held in a foreign corporation which was a party to a reorganization with a Georgia corporation prior to January 1, l-98'7 1991, under the provisions of Part 19 of Article 2 of Chapter 1 of Title 7 if the stock of the Georgia corporation was exempt from such tax prior to such reorganization."
Section 2. Said article is further amended by striking paragraph (2) of subsection (e) of Code Section 48-6-27, relating to returns of intangible personal property for taxation, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) No return need be filed pursuant to this Code section nor tax paid as required by this article if the amount of tax due on all intangible property owned in whole or in part by the person liable for the tax is less than $&.00 $20.00."

TUESDAY, FEBRUARY 13, 1990

1089

Section 3. The Secretary of State shall call and conduct a referendum for the approval or disapproval of Section 2 of this Act on the date of and in conjunction with the November, 1990, general election. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in this state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:

"( ) YES ) NO

Shall the Act be approved which raises from $5.00 to $20.00 the threshold below which no intangible tax liability is incurred and no intangible tax return need be filed?"

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, then Section 2 of this Act shall become effective on January 1, 1991, and shall apply to all tax years beginning on or after that date; otherwise, Section 2 of this Act shall be void and shall stand repealed in its entirety on January 1, 1991.
Section 4. Except as otherwise provided in Section 3 of this Act, 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.

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

N Aaron N Abernathy N Adams Y Aiken Y Alford Y Allen
Y Athon Y Atkins Y Bailey N Baker N Balkcom Y Bannister
N Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates N Beck Y Benefield
Benn N Birdsong N Bishop N Bostick Y Branch
Y Breedlove N Brooks
Brown N Buck Y Buford N Byrd
Y Campbell Y Carrell N Carter N Chambless N Chance Y Cheeks

N Childers N Clark,B Y Clark,H N Clark,L N Coleman N Colwell N Connell Y Couch
Crawford Crosby N Cummings,B
N Cummings,M
Y Davis,C N Davis,G Y Davis,M
Dixon,H
N Dixon,S y Dobbs N Dover NDunn Y Edwards Y Ehrhart Y Felton N Fennel N Floyd,J.M N Floyd,J.W N Foster N Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin
N Groover N Hamilton N Hanner

N Harris Y Hasty
Y Heard Y Herbert Y Holcomb N Holland
N Holmes N Hooks Y Howren Y Hudson Nlrwin Y Isakson
N Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones N Kilgore Y Kingston N Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder NLong
NLord Lucas
Y Lupton Y Mangum N Martin N McCoy
McDonald N McKelvey

Y McKinney,B Y McKinney,C
Y Meadows N Milam Y Mobley N Moody
Y Morton N Moultrie Y Mueller N Oliver,C N Oliver,M
Y Orr N Orrock N Padgett N Pannell
N Parham N Parrish
Patten
Pettit N Pinkston N Poag
N Porter N Poston Y Powell
Randall Y Ransom YRay
N Reaves y Redding
N Richardson Ricketson
N Robinson N Royal
N Selman N Simpson N Sinkfield

On the adoption of the substitute, the ayes were 75, nays 82. The substitute was lost.

Y Smith,L
Y Smith,P N Smith,T Y Smith,W N Smyre NSnow N Stancii,F Y Stancil,S
Stanley
Y Steele N Stephens
N Streat Teper
N Thomas,C YThomas,M
Thompson N Thurmond Y Titus Y Tolbert Y Townsend N Twiggs
Y Vaughan Y Waddle
Walker,C N Walker,L Y Wall
Ware Watson N Watts White Y Wilder YWilliams,B Willia.ms,J Y Yates N Yeargin Murphy,Spkr

1090

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford NAllen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom N Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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 YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene N Gresham Y Griffin
Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks
Y Howren Y Hudson Ylrwin
Y Isakson Y Jackson,J Y Jackson,W
Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder Y Long
Y Lord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
Y McDonald Y McKelvey

Y McKinney,B N McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie N Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Y Reaves Redding
Y Richardson Ricketson
Y Robinson Y Royal
YSelman 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 Streat Y Teper YThomas,C
YThomas,M Thompson
YThurmond N Titus N Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L
YWall YWare
Watson Y Watts
White N Wilder YWilliams,B Y Williarns,J N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 156, nays 10. The Bill, having received the requisite constitutional majority, was passed.

Representative Morton of the 47th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1623.

HB 1710. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st, Ricketson of the 82nd, Griffin of the 6th and others:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to revise provisions relative to assessments against insurers which are members of such association; to provide for classes of assessments and the method of computing such assessments.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams

Y Aiken Y Alford Y Allen

Y Athon
Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron
Barnett,B

TUESDAY, FEBRUARY 13, 1990

1091

Y Barnett,M Y Bates Y Beck Y Benefield
Benn Birdsong
Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman
Y Colwell
Y Connell
Couch 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 YEhrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W 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 Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren

Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R
Langford
Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton y Mangum
Martin Y McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody

Y Morton Y Moultrie
Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston Y Powell y Randall
YRansom YRay
Y Reaves y Redding
Richardson Ricketson Robinson y Royal y Selman
Y Simpson Sinkfield
Y Smitb,L Y Smitb,P Y Smith,T

Y Smitb,W Y Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens
Y Streat Y Teper YThomas,C YThomas,M
Thompson YThurmond
Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L
Y Wall Ware Watson
Y Watts White
Y Wilder Y Williams,B Y Williarns,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 Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 876. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to provide that unless otherwise provided by concurrent resolution the General Assembly shall during regular sessions automatically adjourn on Fridays and reconvene on Mondays.

The following Senate substitute was read:

A BILL
To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to change provisions relating to scheduling of legislative sessions and expense allowances of members for attendance at sessions and certain interim meetings; to provide that unless otherwise provided by concurrent resolution the General Assembly shall during regular sessions automatically adjourn on Fridays and reconvene on Mondays; to provide for daily expense allowances for certain members during certain periods of adjournment; to make a conforming amendment to Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain officials; to provide for expense allowances for members of certain boards and commissions and certain local officials; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for otherpurposes.

1092

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, is amended by adding a new Code Section 28-1-2.1 to read as follows:
"28-1-2.1. Unless otherwise provided by concurrent resolution, if the General Assembly is in session on any Friday during any regular session and there will be one or more days remaining in such regular session after such Friday, the General Assembly shall automatically adjourn at 5:00 P.M. on such Friday and reconvene at 10:00 A.M. on the following Monday."
Section 2. Said chapter is further amended in Code Section 28-1-8, relating to salary and allowances of members and officers of the General Assembly, by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) ill During regular and extraordinary sessions of the General Assembly, each member whose place <>f residence i!! the legislative district which he Q! she represents
~ more than 60 miles from the state capitol building shall also receive a daily expense
allowance 88 pr6,ided fur iH G6de 8eclifflt 41;--'7-4- i!! the amount <>f $85.00 for each~ on which the General Assembly ~ i!! session; and whenever during ~ regular Q! extra-
ordinary session the General Assembly adjourns on Friday and reconvenes on the fol-
lowing Monday, each member whose place <>f residence i!! the legislative district which
he Q! she represents ~ more than 60 miles from the state capitol building shall also receive such daily expense allowance for each <>f the two days Qf such period Qf adjournment. During regular and extraordinary sessions <>f the General Assembly, each
member whose place <>f residence i!! the legislative district which he Q! she represents
~ within 60 miles <>f the state capitol building but more than 30 miles from the state
capitol building shall also receive !! daily expense allowance i!! the amount <>f $59.00 for each ~ on which the General Assembly ~ i!! session. During regular and extraordinary sessions <>f the General Assembly, each member whose place <>f residence i!! the
legislative district which he Q! she represents ~ within 30 miles <>f the state capitol
building shall also receive !! daily expense allowance i!! the amount <>f $59.00 for each ~ on which the General Assembly ~ i!! session.
ill Each member whose place of residence in the legislative district which he or
she represents is more than 30 miles from the state capitol building shall also receive the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7, for not more than one round.trip to and from the member's residence and the state capitol by the most practical route, per calendar week, or portion thereof, during each regular and extraordinary session. In the event a member travels by public carrier for any part of a round trip as provided above, such member shall receive a travel allowance of actual transportation costs for each such part in lieu of the mileage allowance.
ill For each day's service within the state as a member of a standing committee
or of an interim committee created by or pursuant. to a resolution of either or both houses or as a member of a committee, board, bureau, commission, or other agency created by or pursuant to statute or the Constitution of Georgia, such member shall receive a daily expense allowance 88 fl1'6Vitled fur iH G6de Seeti6B 46-'7-4 in the
amount <>f such member's session ~ diem for meetings held !'!! the state capitolcom~ and i!! the amount <>f $59.00 for meetings held elsewhere and the mileage allow-
ance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier. Any such member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his official duties as a member of any committee, board, bureau, commission, or other agency.
ill In the event it becomes necessary for a committee to rent a meeting room in
the performance of the duties of the committee, the committee chairman must have prior written approval of the President of the Senate or the Speaker of the House, or both, as the case may be, depending on the composition of the committee. The expense of such rental shall be billed to the committee.

TUESDAY, FEBRUARY 13, 1990

1093

ill For each day's service out of state as a member of any committee, board,
bureau, commission, or other agency, such member shall receive actual expenses as an expense allowance, plus the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle .
.!.ill Transportation costs incurred by a member of the Senate for air travel within
or without the state during the interim as a member of a committee, board, bureau, commission, or other agency shall be reimbursed only if the incurring of such costs is approved under procedures established by the Senate Administrative Affairs Committee. Transportation costs incurred by a member of the House of Representatives for air travel within or without the state during the interim as a member of a committee, board, bureau, commission, or other agency shall be reimbursed only if the incurring of such costs is approved under procedures established by the Speaker of the House.
ill All 8tleh allowances provided for i!! this Code section shall be paid upon the
submission of proper vouchers."
Section 3. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain officials, is amended by striking in its entirety the second sentence of the second undesignated subparagraph of paragraph (22) of subsection (a), which sentence reads as follows:
"The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be $59.00. "
Section 4. Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance for members of certain boards and commissions, is amended by adding before the existing paragraph the prefix of "(a)" and by adding the following sentence after the first sentence of the existing paragraph:
"For purposes of this section, the expense allowance for a member of the General Assembly shall be considered to be the amount that would be paid to a member of the General Assembly who resides in the same location as the member of the board or commission who is entitled to reimbursement or per diem allowance." and by adding the following subsection under Code Section 45-7-21 of the Official Code of Georgia Annotated:
"(b) For purposes of any local legislation establishing per diem allowances or other remuneration for local officials based on expense allowances or per diem entitlements received by a member of the General Assembly, the per diem allowance shall be $59.00 per day."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House disagree to the Senate substitute to HB 876.
The motion prevailed.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 838. By Representatives Aiken of the 21st, Murphy of the 18th, Atkins of the 21st, Wilder of the 21st, Isakson of the 21st and others:
A resolution inviting Eva Mae LeFevre to appear before the House of Representatives.

1094

JOURNAL OF THE HOUSE,

The following Resolution of the House was read and referred to the Committee on Education:

HR 839. By Representatives Thomas of the 69th, Lee of the 72nd, Bailey of the 72nd, Carrell of the 65th, Watson of the 114th and others:
A resolution creating the House Public School Child Care Study Committee.

The following Resolutions of the House were read and adopted:

HR 833. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Murphy of the 18th:
A resolution commending Sheriff D.G. "Bill" Lemacks.

HR 840. By Representatives Aiken of the 21st, Murphy of the 18th, Isakson of the 21st, Atkins of the 21st, Wilder of the 21st and others:
A resolution honoring Eva Mae LeFevre.

HR 841. By Representative Clark of the 13th:
A resolution congratulating Mrs. Jennie V. Williams on the event of her lOOth birthday.

HR 842. By Representatives Sinkfield of the 37th, Benn of the 38th, Davis of the 29th, McKinney of the 40th, Holcomb of the 72nd and others:
A resolution commending Mr. Tracy Neely.

HR 843. By Representative Jenkins of the 80th: A resolution commending and recognizing Mr. Shane Lazenby.

HR 844. By Representatives Aiken of the 21st, Atkins of the 21st, Wilder of the 21st, Isakson of the 21st, Gresham of the 21st and others:
A resolution honoring Atos Dante Ciro "Joe" Lattanzi.

HR 845. By Representatives Thomas of the 69th and Simpson of the 70th:
A resolution commending and recognizing Mrs. Melissa Smith of Temple, Georgia.

HR 846. By Representatives Redding of the 50th, Benn of the 38th, Tolbert of the 58th, Williams of the 48th, Morton of the 47th and others:
A resolution commending Georgia Power Company.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 14, 1990

1095

Representative Hall, Atlanta, Georgia Wednesday, February 14, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Aaron Abernathy Adams Aiken Alford Allen Athon Atkins Bailey Baker Bannister
Barfoot Bargeron Barnett,B Bates Beck Benefield Birdsong Bostick Branch Breedlove Brooks
Brown Buford Campbell Carrell Carter Chambless Chance

Cheeks Childers Clark,H Clark,L Colwell Connell Crawford Crosby Cummings,B Cummings,M
Davis,C
Davis,G
Dixon,H
Dixon,S Dobbs Dover
Dunn Edwards Ehrhart Felton Fennel Floyd,J.M Floyd,J.W Foster Godbee Goodwin Green Greene Gresham

Griffin Hamilton
Hanner Harris Hasty Heard Herbert Holcomb Holland Hooks
Howren Hudson Irwin Isakson Jackson,J Jackson,W Jenkins Johnson
Jones Kilgore Lane,D Lane,R Langford
Lawrence Lee Linder Long Lupton Mangum

McCoy McKelvey McKinney,B
McKinney,C Meadows Milam Mobley Moody Morton Moultrie
Mueller Oliver,C Oliver,M Orr Padgett Pannell Parrish Patten Pettit Poag Poston Powell Ransom Ray
Reaves Richardson Ricketson Robinson Royal

Selman Simpson Sinkfield Smith,L Smith,P Smith,T Smith,W Snow Stsncii,F Stsncil,S Stsnley Steele Streat Teper Thomas,M Titus Tolbert Townsend Vaughan Waddle Watson Watts Wilder Williarns,B Williams,J Yates
Yeargin
Murphy,Spkr

Prayer was offered by the Reverend Jentezen Franklin, Pastor, Free Chapel Center Church, Gainesville, Georgia.

Representative Bargeron of the 108th, 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.

1096

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:

HB 1870. By Representative Teper of the 46th:
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 change certain definitions; to change the provisions relating to exceptions to the operation of the chapter.
Referred to the Committee on Industry.

HB 1871. By Representative Powell of the 145th:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 847. By Representative Connell of the 87th:
A resolution to amend a resolution authorizing the conveyance of an estate for years or usufruct in certain real property to the Richmond County Board of Health, so as to restate the authorized purposes of such estate for years or usufruct.
Referred to the Committee on Rules.

By unananimous 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 1872. By Representative Goodwin of the 63rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; Title 16, relating to crimes and offenses; Title 17, relating to criminal procedure; Title 31, relating to health; Title 33, relating to insurance; and Title 44, relating to property, so as to change references in the O.C.G.A. to the words "fetus," "fetuses," and "fetal".
Referred to the Committee on Judiciary.

HB 1873. By Representative Hudson of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the compensation of the commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1874. By Representatives Redding of the 50th and McKinney of the 35th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exceptions from certificate of need requirements, so as to provide an additional exception for the conversion by certain hospitals of acute care hospital beds to skilled nursing facility beds and intermediate care facility beds.
Referred to the Committee on Health & Ecology.

WEDNESDAY, FEBRUARY 14, 1990

1097

HB 1875. By Representatives Thomas of the 31st, Allen of the 127th and Abernathy of the 39th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the registration of acupuncturists; to provide for definitions; to provide qualifications for registration.
Referred to the Committee on Health & Ecology.

HB 1876. By Representative McDonald of the 12th: A bill to create the Commerce Civic Center and Tourism Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1877. By Representative Hamilton of the 124th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to provide for a consolidation of the delivery of social services to families and children; to provide a short title.
Referred to the Committee on State Planning & Community Affairs.

HB 1878. By Representative Smith of the 78th:
A bill to amend an Act providing for the election of the members of the Butts County Board of Education, so as to provide for per diem and expenses of members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1879. By Representatives Smith of the 78th and Dunn of the 73rd:
A bill to amend an Act creating a new charter for the City of Hampton, so as to revise certain provisions relating to the jurisdiction and powers of the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1880. By Representatives Smith of the 78th and Dunn of the 73rd:
A bill to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to provide for a municipal court and the judge or judges thereof.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1881. By Representatives Smith of the 78th and Dunn of the 73rd:
A bill to amend an Act creating a new charter for the City of Locust Grove, so as to revise certain provisions relating to the jurisdiction and powers of the municipal court; to change certain provisions relating to judges, procedures, appeals, rules, and penalties.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 848. By Representatives Hudson of the 117th and Birdsong of the 104th: A resolution designating the Everett Floyd Dykes Highway.
Referred to the Committee on Transportation.

1098

JOURNAL OF THE HOUSE,

HR 849. By Representative McDonald of the 12th: A resolution creating the Georgia Courts Automation Commission.
Referred to the Committee on Judiciary.

HR 850. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the lOth:
A resolution authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 860. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution creating the House Crime Prevention System Study Committee.
Referred to the Committee on Public Safety.

HR 861. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th, Simpson of the 70th and Randall of the lOlst:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to confer "by law" jurisdiction on municipal courts over violations of state law.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1851 HB 1852 HB 1853 HB 1854 HB 1855 HB 1856 HB 1857 HB 1858 HB 1859 HB 1860 HB 1861
HB 1862
HB 1863 HB 1864
HB 1865 HB 1866

HB 1867 HB 1868 HB 1869 HR 831 HR 832 HR 834 HR 835 HR 836 HR 837 SB 421 SB 612 SB 629
SB 665 SB 668 SB 691

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

WEDNESDAY, FEBRUARY 14, 1990

1099

HB 1279 Do Pass, by Substitute HB 1810 Do Pass, by Substitute

Respectfully submitted,
Is/ Jackson of the 9th
Chairman

Representative Colwell of the 4th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1728 Do Pass HR 779 Do Pass

SR 64 Do Pass, by Substitute SR 297 Do Pass

Respectfully submitted,
Is/ Colwell of the 4th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1821 Do Pass HB 1822 Do Pass HB 1823 Do Pass HB 1824 Do Pass HB 1825 Do Pass HB 1828 Do Pass HB 1830 Do Pass HB 1831 Do Pass

HB 1832 Do Pass HB 1835 Do Pass HB 1836 Do Pass HB 1840 Do Pass HB 1841 Do Pass HB 1844 Do Pass HB 1849 Do Pass HB 1764 Do Pass

Respectfully submitted,
Is/ Lane of the 27th
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 778 Do Pass, as Amended
Respectfully submitted,
Is/ Lee of the 72nd
Chairman

1100

JOURNAL OF THE HOUSE,

Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 763 Do Pass
Respectfully submitted,
Is/ Buck of the 95th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 14, 1990

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below:

HB 442 HB 952 HB 1208 HB 1299 HB 1316 HB 1337 HB 1340 HB 1342 HB 1421 HB 1430 HB 1465 HB 1493 HB 1508 HB 1546 HB 1548 HB 1562 HB 1567 HB 1798 HB 1846

Sales Tax; Advertising; Certain Transactions Outside of State Tanning Facilities; Registration Cashers of Checks; Licensing Real Estate Transfer Tax; Certain Exemption Child Abuse; Reporting Requirements Uniform Rules of the Road; Application on Cert. Pvt. Property Controlled Substances/Marijuana; Prohibit Purchase Veterans Service Board; Location of Meetings Workers' Comp.; Self-Insurers Guaranty Trust Fund; Create Education; Direct Instructional Costs; Amend Provisions Campaign Disclosure; Soil/Water Conservation Supervisors; Exempt Disabled Vet.; Homestead Exempt; Extend to Unremarried Spouse Ad Valorem Tax; Youth Programs; Additional Purpose Time-Share; Delete Reference to Certain Campsite Programs Counties; Disposition of Property of Cert. Development Authorities Motorized Carts; Registration and Licensing; Fee Local Governments; Ordinance Violations; Increase Fines Special License Plates; Sheriffs; Certain Vehicles Municipalities; Annexation of Territories; Requirements

SR 23 Baldwin County; Convey Property SR 315 Federal Gov't.; Unemployment Programs; Funding

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:

WEDNESDAY, FEBRUARY 14, 1990

1101

HB 1764.

By Representative Lane of the 27th:
A bill to provide a homestead exemption for the homestead of each resident of the City of College Park actually occupied by the owner as a residence and a homestead, but only so long as actually occupied by the owner primarily as such, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in the amount of $40,000.00 of its value.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford
Byrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W 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 YHooks Y Howren
Hudson Ylrwin 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 Y Lee Y Linder Y Long
Lord Y Lucas Y Lupton YMangum
Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C
Otiver,M Y Orr
Orrock Y Padgett
Y Pannell YParharn Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston
YPowell Randall
Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P ESmith,T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper YTbomas,C
Tbomas,M Y Thompson YThurmond
Titus Y Tolbert Y Townsend y Twiggs
Y Vanghan Y Waddle
Walker,C Y Walker,L Y Wall
Ware Watson Watts White Y Wilder Y Williams,B
Y Witliarns,J Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1821. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd:
A bill to amend an Act incorporating the City of Dalton, so as to change the provisions relating to the exercise of the power of eminent domain by the city's board of water, light and sinking fund commissioners and provide for its exercise by the mayor and council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams

Y Aiken Y Alford
Allen

Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron
Barnett,B

1102

JOURNAL OF THE HOUSE,

Y Barnett,M
Y Bates Y Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford
Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W 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 YHooks Y Howren

Hudson Yirwin 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
Y Lee Y Linder Y Long
Lord 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 Morton Y Moultrie Y Mueller
Y Oliver,C Oliver,M
Y Orr Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell
Randall Y Ranxom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson y Royal
Y Seboan Y Simpson Y Sinkfield Y Smitb,L Y Smitb,P ESmith,T

Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat
Y Teper Y Thomas,C
Thomas,M YThompson
Y Thurmond Titus
Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware Watson
Watts White Y Wilder YWilliams,B Y Williams,J Y Yates Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1822.

By Representative Carter of the 146th:
A bill to amend an Act establishing a new charter for the City of Nashville, 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 roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Barnett,B
Y Bamett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick

Y Branch
Y Breedlove Brooks
Y Brown Y Buck Y Buford
Byrd
Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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,J.M YFloyd,J.W
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 YHooks Y Howren
Hudson Yirwin 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 Y Lee Y Linder y Long
Lord Y Lucas Y Lupton y Mangum
YMartin Y McCoy
McDonald Y McKelvey
McKinney,B Y McKioney,C Y Meadows YMilam Y Mobley Y Moody Y Morton

WEDNESDAY, FEBRUARY 14, 1990

1103

Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Pinkston

Y Poag
Y Porter Y Poston
Y Powell 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 E Smith,T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S
Stanley
Y Steele

Y Stephena
Y Streat Y Teper Y Thomas,C
Thomas,M Y Thompson
Y Thurmond Titus
Y Tolbert Y Townaend y Twiggs
Y Vaughan Y Waddle

Walker,C Y Walker,L Y Wall
Ware Watson Watts White Y Wilder YWilliams,B Y Williams,J Y Yates Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1823. By Representative Carter of the 146th:
A bill to amend an Act providing and establishing a new charter for the Town of Alapaha, 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 roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck
Y Buford Byrd
Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W 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
Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkina Y Johnaon Y Jones Y Kilgore
Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long
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 Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Orrock
Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter
Y Poston Y Powell
Randall Y Ranaom YRay Y Resves
Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P ESmith,T YSmith,W Y Smyre Y Snow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C
Thomas,M YThompson
YThurmond Titus
Y Tolbert
Y Townaend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware Watson
Watts White Y Wilder YWilliams,B Y Williams,J Y Yates Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1104

JOURNAL OF THE HOUSE,

HB 1824.

By Representative Carter of the 146th:
A bill to amend an Act incorporating the City of Ray City, 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 roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Buck Y Buford
Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W 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
YHooks Y Howren
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 Y Long
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 Morton Y Moultrie Y Mueller
Y Oliver,C Oliver,M
Y Orr Orrock
Y Padgett Y Pannell
YParbam Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell
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 E Smith,T
Y Smith,W Y Smyre YSnow Y Stancii,F Y Stancii,S
Stanley Y Steele
Y Stephens Y Streat Y Teper YThomas,C
Thomas,M Y Thompson Y Thurmond
Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan YWaddle
Walker,C Y Walker,L Y Wall
Ware Watson
Watts White Y Wilder YWilliams,B Y Williams,J Y Yates Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1825. By Representative Carter of the 146th:
A bill to amend an Act providing a new charter for the Town of Enigma, 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 roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford

Allen Y Athon Y Atkins Y Bailey Y Baker

Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B

Y Barnett,M
Y Bates y Beck
Y Benefield Y Benn

Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove

WEDNESDAY, FEBRUARY 14, 1990

1105

Brooks Y Brown
Y Buck Y Buford
Byrd YCampbell
Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell
Connell Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover
Y Dunn

Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
YHooks Y Howren
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 Y Long
Lord 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 Morton Y Moultrie Y Mueller Y Oliver,C

Oliver,M Y Orr
Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter
Y Poston Y Powell
Randall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson
Y Robinson y Royal
YSelman Y Simpson Y Sinkfield Y Smitb,L Y Smith,P E Smith,T Y Smitb,W Y Smyre

YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C
Thomas,M Y Thompson YThurmond
Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L
YWall
Ware Watson Watta White YWilder Y Williarns,B Y Williams,J Y Yates Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1828.

By Representatives Floyd of the 154th and Chance of the 129th:
A bill to authorize the governing authority of Liberty 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 Y Aiken Y Alford
Allen Y Atbon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick

Y Branch
Y Breedlove
Brooks Y Brown Y Buck Y Buford
Byrd Y Campbell
Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell
Couch 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 YEhrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
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
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 Y Long
Lord Y Lucas Y Lupton Y Mangum YMartin Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton

1106

JOURNAL OF THE HOUSE,

Y Moultrie
Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit
Pinkston

Y Poag Y Porter Y Poston Y Powell
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 ESmith,T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele

Y Stephens
Y Streat Y Teper Y Thomas,C
Thomas,M Y Thompson
Y Thurmond Titua
Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle

Walker,C Y Walker,L Y Wall
Ware Watson Watts White Y Wilder
YWilliams,B Y Williams,J Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1830. By Representative Murphy of the 18th:
A bill to amend an Act reincorporating and providing a new charter for the City of Tallapoosa, so as to change provisions relating to regular meetings of the Mayor and Council; to change provisions relating to the city 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 roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Buck Y Buford
Byrd Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W 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
YHooks Y Howren
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 Y Lee Y Linder Y Long
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell YParbarn Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell
Randall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P E Smith,T Y Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas,C
Thomas,M Y Thompson Y Thurmond
Titua Y Tolbert Y Townsend y Twiggs Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall
Ware Watson Watts White YWilder Y Williams,B Y Williams,J Y Yates Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 14, 1990

1107

HB 1831.

By Representative Smith of the 78th:
A bill to amend an Act providing that certain costs in certain criminal cases and quasi-criminal cases shall be used for the purpose of maintaining the Butts County courthouse, so as to provide that such Act shall apply to certain criminal and quasi-criminal cases in the Probate Court of Butts 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 Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown Y Buck Y Buford
Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W 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 YHooks Y Howren
Hudson Ylrwin 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 Y Lee
Y Linder Y Long
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Pinkston
Y Poag Y Porter Y Poston Y Powell
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 ESmith,T Y Smith,W Y Smyre YSnow
Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens
Y Streat Y Teper YThomas,C
Thomas,M Thompson Thurmond
Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall
Ware Watson Watts White Y Wilder
YWilliams,B Y Williams,J Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1832. By Representative Smith of the 78th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to change certain provisions relating to the supplemental salary of the chief magistrate of that court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken

Y Alford Allen
Y Athon Y Atkins

Y Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron
Barnett,B Y Barnett,M

Y Bates Y Beck Y Benefield YBenn

1108

JOURNAL OF THE HOUSE,

Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford
Byrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W 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
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 Y Long
Lord 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 Morton Y Moultrie

Y Mueller Y Oliver,C
Oliver,M
Y Orr Orrock
Y Padgett Y Pannell
Y Parham Y Parrish
Y Patten Y Pettit
Pinkston Y Poag
Y Porter Y Poston Y Powell
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 ESmith,T Y Smith,W

Y Smyre Y Snow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens Y Streat Y Teper
Y Thomas,C Thomas,M
Y Thompson YThurmond
Titus Y Tolbert
Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall
Ware Watson Watts White Y Wilder YWilliams,B YWilliams,J Y Yatea Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1835.

By Representatives Johnson of the 123rd, Mueller of the 126th, Hamilton of the 124th, Kingston of the 125th, Dixon of the 128th and others:
A bill to provide for the Savannah-Chatham County Anti-Drug Commission, a body corporate and politic; to authorize such commission to take such actions and do such things as it shall deem necessary and proper to deter and control, with the intent to ultimately reduce, or eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams
Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Batea Y Beck

Y Benefield
Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Buck Y Buford
Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H
Y Clark,L Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffm Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones

WEDNESDAY, FEBRUARY 14, 1990

1109

Y Kilgore Kingston
Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson
YLee Y Linder Y Long
Lord 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten

Y Pettit Pinkston
Y Poag Y Porter Y Poston Y Powell
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 E Smith,T Y Smith,W Y Smyre Y Snow
Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,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
Ware Watson Watts White
Y Wilder YWilliams,B Y Williams,J
Y Yates Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1836.

By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating the Board of Commissioners of Newton County, so as to change the provisions relating to the salary and expense allowances of members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister
Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates
Y Beck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford
Byrd YCampbell Y Carrell Y Carter Y Chambless
Chance
Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W 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
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 Lawaon YLee Y Linder Y Long
Lord 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston YPowell
Randall Y Ransom YRay
Y Reaves Redding
Richardson Y Ricketson Y Robinson y Royal YSelman Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 146, nays 0.

Y Smith,L Y Smith,P E Smith,T
Y Smith,W Y Smyre
Y Snow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,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
Ware Watson Watts
White Y Wilder YWilliams,B Y Williams,J
Y Yates Yeargin Murphy,Spkr

1110

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 1840.

By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Y Bonn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford
Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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,J.M Y Floyd,J.W 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 YHooks Y Howren
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 Y Lee Y Linder Y Long
Lord 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Pinkston
YPoag
Y Porter Y Poston Y Powell
Randall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P E Smith,T Y Smith,W Y Smyre YSnow
Y Stancil,F Y Stanci~S
Stanley
Y Steele Y Stephens Y Streat
Y Teper Y :I'homas,C
Thomas,M YTbompson Y Thurmond
Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
YWaddle Walker,C
Y Walker,L Y Wall
Ware Watson Watts White YWilder Y Williams,B Y Williams,J Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1841. By Representative Ware of the 77th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the amount of 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 roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams

Y Aiken Y Alford
Allen

Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron
Bamett,B

WEDNESDAY, FEBRUARY 14, 1990

1111

Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford
Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M

Y Davis,C Y Davis,G
Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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

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 Y Lee Y Linder Y Long
Lord 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell
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 E Smith,T

Y Smith,W Y Smyre YSnow
Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C
Thomas,M Y Thompson YThurmond
Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C
Y Walker,L Y Wall
Ware Watson Watts White Y Wilder
YWilliams,B Y Williams,J Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1844.

By Representatives Bargeron of the 108th and Godbee of the llOth:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the compensation of the chairman and other members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick

Y Branch Y Breedlove
Brooks Y Brown
Y Buck Y Buford
Byrd Y Campbell
Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch 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 YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooks
Y Howren
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 Y Lee Y Linder Y Long
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 Morton

1112

JOURNAL OF THE HOUSE,

Y Moultrie
Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston

Y Poag Y Porter Y Poston Y Powell
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 E Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele

Y Stephens
Y Streat Y Teper YThomas,C
Thomas,M Y Thompson
Y Thurmond Titus
Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle

Walker,C Y Walker,L YWall
Ware Watson Watts
White Y Wilder YWilliams,B Y Williams,J Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1849.

By Representatives Buford of the 103rd, Pinkston of the 100th, Groover of the 99th, Birdsong of the 104th and Lucas of the 102nd:
A bill to amend Section 57 of an Act approved August 27, 1872, "An Act to amend the several Acts incorporating the City of Macon, 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 roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford
Byrd
Y Campbell
Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell
Couch 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,J.M
Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham YGriffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty
Y Heard Herbert
Y Holcomb Y Holland
Holmes YHooks Y Howren
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
Y Lee Y Linder Y Long
Lord 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 Morton Y Moultrie
Y Mueller Y Oliver,C
Oliver,M
Y Orr Orrock
Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y PoweU
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 E Smith,T Y Smith,W Y Smyre Y Snow Y Stancii,F
Y Stancii,S Stanley
Y Steele Y Stephens Y Streat Y Teper
YThomas,C Thomas,M
YThompson YThurmond
Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware Watson Watts White Y Wilder
YWilliams,B Y Williams,J Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 14, 1990

1113

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 389. By Senator Bowen of the 13th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning law enforcement officers and agencies, so as to provide that any peace officer employed by a county, municipal corporation, or other political subdivision of this state who is injured in the line of duty by an act of external violence or injury shall be entitled to his regular compensation for certain periods of time.

SB 413. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to revocation and republication of wills, so as to change the provisions relating to revocation of a will by divorce; to provide that a divorce does not revoke portions of the will unrelated to the former spouse; to provide for the distribution of the interest devised or bequeathed to the former spouse.

SB 500. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Drug-free Public Work Force Act of 1990"; to provide for the suspension and termination from public employment of public employees committing certain criminal offenses involving controlled substances and dangerous drugs; to provide a short title.

SB 547. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking, and passing, so as to authorize the Department of Transportation and local governing authorities to designate certain lanes of a highway or street as a two way left turn only lane; to provide for the regulation and authorized use of such lanes; to provide for prohibited acts.

SB 561. By Senator Dawkins of the 45th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide that a sheriff may not change or extend the place of confinement of a county inmate except when permitted by law or as directed by a court having competent jurisdiction.

SB 655. By Senator Tysinger of the 41st:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Public Safety, so as to provide for a motor vehicle theft prevention program to be established by the Commissioner of Public Safety; to provide for optional participation in the program by counties.

1114

JOURNAL OF THE HOUSE,

SB 683. By Senators Tate of the 38th, Scott of the 36th and Shumake of the 39th:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to remove the provision that makes this Code section inapplicable to any county having a population of 550,000 or more; to provide for related matters; to provide an effective date.

SB 442. By Senator Egan of the 40th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to change the provisions relating to the selection of the chairman and provide for the election of the chairman by the qualified electors of the county; to change certain provisions relating to qualifications; to change certain provisions relating to vacancies.

HB 848. By Representative Thompson of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to provide for the levy of an ad valorem tax of not more than 20 mills for the purpose of supporting and maintaining public schools.

HB 1402. By Representative Birdsong of the 104th:
A bill to amend an Act to increase the amount of the exemption from county ad valorem taxes for county purposes which applies to the homestead of each resident of Jones County who is 65 years of age or older and who meets certain income qualifications, so as to increase the maximum amount of income such persons may receive in order to be eligible to receive such exemption.

HB 1712.

By Representative Heard of the 43rd:
A bill to amend an Act incorporating Peachtree City, so as to change the date of the municipal general election and provide for staggered two-year terms of office for the mayor and councilmen of the city.

HB 1715.

By Representative Crawford of the 5th:
A bill to amend an Act providing that the judge of the Probate Court of Chattooga County shall serve as chief magistrate of said county, so as to provide that as of a certain date the judge of the probate court shall no longer serve as chief magistrate; to provide for the initial appointment of the chief magistrate by the judges of the superior courts of the Lookout Mountain Judicial Circuit.

HB 1727.

By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to repeal an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County.

HB 1734.

By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd, Bishop of the 94th and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to provide for procedures for filling vacancies in the office of mayor or councilor.

WEDNESDAY, FEBRUARY 14, 1990

1115

HB 1735. By Representatives Thompson of the 20th and Howren of the 20th:
A bill to amend an Act creating the Downtown Marietta Development Authority, so a8 to enlarge the Downtown Marietta District.

HB 1737. By Representative Hudson of the 117th:
A bill to amend an Act placing the sheriff of Pulaski County on an annual salary, so as to provide for deputies and other personnel and for operating expenses for the sheriffs office.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 1559. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the deannexation of certain property from the corporate limits of said city.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 437. By Senators Hammill of the 3rd, Echols of the 6th, Kennedy of the 4th and others
A resolution commending Dr. John W. Tee!; and for other puposes.

The Senate has agreed to the House amendment to the following Bill of the Senate:

SB 448. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for drivers' licenses, so as to prohibit the issuance of a driver's license to any person who does not meet certain vision standards; to provide vision standards with respect to persons who utilize bioptic telescopes; to provide for restricted licenses with respect to certain persons who use corrective lenses or bioptic telescopes.

The Senate insists on its substitute to the following Bill of the House:

HB 876. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to provide that unless otherwise provided by concurrent resolution the General Assembly shall during regular sessions automatically adjourn on Fridays and reconvene on Mondays.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

1116

JOURNAL OF THE HOUSE,

SB 524. By Senators Johnson of the 47th, Baldwin of the 29th and Harris of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for toll free calls between telephones of different telephone companies operating in the same county.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 389. By Senator Bowen of the 13th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning law enforcement officers and agencies, so as to provide that any peace officer employed by a county, municipal corporation, or other political subdivision of this state who is injured in the line of duty by an act of external violence or injury shall be entitled to his regular compensation for certain periods of time.
Referred to the Committee on Public Safety.

SB 413. By Senator Kidd of the 25th:
A bill to amend Article 4 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to revocation and republication of wills, so as to change the provisions relating to revocation of a will by divorce; to provide that a divorce does not revoke portions of the will unrelated to the former spouse; to provide for the distribution of the interest devised or bequeathed to the former spouse.
Referred to the Committee on Judiciary.

SB 442. By Senator Egan of the 40th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to change the provisions relating to the selection of the chairman and provide for the election of the chairman by the qualified electors of the county; to change certain provisions relating to qualifications; to change certain provisions relating to vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 500. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Drug-free Public Work Force Act of 1990"; to provide for the suspension and termination from public employment of public employees committing certain criminal offenses involving controlled substances and dangerous drugs; to provide a short title.
Referred to the Committee on State Planning & Community Affairs.

WEDNESDAY, FEBRUARY 14, 1990

1117

SB 524. By Senators Johnson of the 47th, Baldwin of the 29th and Harris of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for toll free calls between telephones of different telephone companies operating in the same county.
Referred to the Committee on Industry.

SB 547. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking, and passing, so as to authorize the Department of Transportation and local governing authorities to designate certain lanes of a highway or street as a two way left turn only lane; to provide for the regulation and authorized use of such lanes; to provide for prohibited acts.
Referred to the Committee on Transportation.

SB 561. By Senator Dawkins of the 45th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide that a sheriff may not change or extend the place of confinement of a county inmate except when permitted by law or as directed by a court having competent jurisdiction.
Referred to the Committee on Public Safety.

SB 655. By Senator Tysinger of the 41st:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Public Safety, so as to provide for a motor vehicle theft prevention program to be established by the Commissioner of Public Safety; to provide for optional participation in the program by counties.
Referred to the Committee on Public Safety.

SB 683. By Senators Tate of the 38th, Scott of the 36th and Shumake of the 39th:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to remove the provision that makes this Code section inapplicable to any county having a population of 550,000 or more; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

Representative Pettit of the 19th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

1118

JOURNAL OF THE HOUSE,

HB 1686.

By Representatives Pettit of the 19th, Byrd of the 153rd, Watson of the 114th, Murphy of the 18th, Branch of the 137th and others:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to change the provisions relating to the exception of boilers and pressure vessels operated and maintained for the production and generation of electricity and the exception of boilers and pressure vessels operated and maintained for the production and generation of steam used in a manufacturing process.

On the motion, the roll call was ordered and the vote was as follows:

Y Aaron N Abernathy Y Adams N Aiken Y Alford NAllen Y Athon
Atkins
Y Bailey Y Baker N Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
N Brown Y Buck Y Buford
Byrd N Campbell
Y Carrell Y Carter Y Chambless Y Chance
Cheeks

Y Childers
Clark,B
N Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G N Davis,M Y Dixon,H N Dixon,S Y Dobbs Y Dover NDunn
Y Edwards Y Ehrhart N Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
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
N Howren Y Hudson Y Irwin N Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
N Johnson N Jones Y Kilgore
Kingston Y Lane,D
Y Lane,R Y Langford N Lawrence
Lawson Y Lee
Linder Y Long
Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 127, nays 27. The motion prevailed.

McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody N Morton Y Moultrie
Mueller Y Oliver,C Y Oliver,M N Orr
Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell y Randall
N Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson y Royal
Y Selman Y Simpson N Sinkfield

Y Smith,L Y Smith,P E Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F N Stanci~S
Stanley N Steele Y Stephens Y Streat Y Teper
Thomas,C Thomas,M Thompson
Y Thurmond Y Titus N Tolbert Y Townsend y Twiggs
N Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder NWilliams,B NWilliams,J Y Yates
Yeargin Murphy,Spkr

Representatives Abernathy of the 39th, Dixon of the 128th and Dunn of the 73rd st!lted that they had inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1508. By Representatives Childers of the 15th, Smyre of the 92nd, Thompson of the 20th, Smith of the 16th, McKelvey of the 15th and others:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to the public purposes for which county taxes may be levied and collected, so as to provide for an additional authorized purpose.

WEDNESDAY, FEBRUARY 14, 1990

1119

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to the public purposes for which county taxes may be levied and collected, so as to provide for an additional authorized purpose; to provide for a limitation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to the public purposes for which county taxes may be levied and collected, is amended by striking "and" at the end of paragraph (20), by striking the period at the end of paragraph (21) and inserting in its place "; and", and by adding a new paragraph describing an additional public purpose immediately following paragraph (21), to be designated paragraph (22), to read as follows:
"(22) To provide for financial assistance to county children and youth commissions providing children and youth services, including but not limited to, the study of the needs, issues, and problems relating to children and youth; the gathering of data, identification of problem areas, and planning and implementation of programs for dealing with problems of children and youth; and the dissemination of information relating to issues of children and youth."
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 Allen
Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Y Benefield Y Benn Y Birdsong
Y Bishop Bostick
Y Branch Y Breedlove
Y Brooks Y Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davis,G
Y Davis,M
Y Dixon,H Y Dixon,S Y Dobbs
Dover YDunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Y Green
Y Greene Y Greaham YGriffin
Y Groover Y Hamilton
Y Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes YHooks Y Howren Y Hudaon Y Irwin Y Iaakson Y Jackson,J
Y Jackson,W Y Jamieaon Y Jenkins Y Johnaon Y Jones Y Kilgore
Kingston
Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawaon Y Lee Y Linder Y Long Y Lord Y Lucas
Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell
Randall
Ransom YRay
Y Reaves Y Redding
Y Richardaon Y Ricketaon Y Robinaon y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P ESmith,T Y Smith,W Y Smyre
Y Snow Y Stancil,F Y Stancil,S
Stanley Steele Stephens Y Streat
Y Teper YThomas,C Y Thomas,M YThompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C
Y Walker,L YWall YWare Y Wataon Y Watta
White Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

1120

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Steele of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1548.

By Representative Hanner of the 131st:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, known as the "Development Authorities Law," so as to provide for the disposition of property of certain development authorities created prior to July 1, 1983, by constitutional amendment and which were dissolved by operation of law pursuant to a certain provision of the Constitution.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, known as the "Development Authorities Law," so as to provide for the disposition of property of certain development authorities created prior to July 1, 1983, by constitutional amendment and which were dissolved by operation of law pursuant to a certain provision of the Constitution; 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 62 of Title 36 of the Official Code of Georgia Annotated, known as the "Development Authorities Law," is amended by adding at the end thereof a new Code Section 36-62-13 to read as follows:
"36-62-13. The real and personal property of any development authority which was created for a county prior to July 1, 1983, by constitutional amendment and which was dissolved by operation of law pursuant to Article XI, Section I, Paragraph IV(c) of the Constitution shall by operation of law become the property of any development authority subsequently created by such county pursuant to this chapter or, in the absence thereof, shall become the property of the county."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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 Allen
Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister

Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch

Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby
Y Cummings,B
Y Cummings,M

Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Y Dixon,S Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel

WEDNESDAY, FEBRUARY 14, 1990

1121

Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson

Y Jackson,J 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

McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock
Padgett Y Pannell
Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell

Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketaon Y Robinaon y Royal
Y Selman Y Simpson Y Sinkfield
Y Smith,L Y Smith,P ESmith,T Y Smith,W Y Smyre YSnow
Y Stancil,F Y Stancil,S
Stanley
Y Steele Stephena
Y Streat

Y Teper Y Tbomas,C YThomas,M Y Thompson
Thurmond Y Titus Y Tolbert
Townaend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts Y White
Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1465.

By Representatives Jamieson of the 11th, Reaves of the 147th, Royal of the 144th, Porter of the 119th, Parham of the 105th and others:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to the filing of campaign contribution disclosure reports, so as to provide that elected soil and water conservation district supervisors shall not be required to file campaign contribution disclosure reports.

The report 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 1342. By Representatives Lord of the 107th, Bailey of the 72nd, Bargeron of the 108th, Irwin of the 13th, Poston of the 2nd and others:
A bill to amend Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans affairs, so as to change the provisions relating to the location of meetings of the Veterans Service Boards.

The following amendment was read and adopted:

The Committee on Defense and Veterans Affairs moves to amend HB 1342 by adding "within the state" after "location" on line 19 of page 1.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

1122

JOURNAL OF THE HOUSE,

HB 1208.

By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for licensed cashers of checks; to provide for definitions; to provide for the requirements for licensure.

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 provide for licensed cashers of checks; to provide for definitions; to provide for the requirements for licensure; to provide for investigations of applicants for licensure; to provide for fees for licensure; to provide for rules and regulations; to provide for renewal, denial, suspension, and revocation of licenses; to provide for examinations and fees; to provide for posting of licenses; to provide for the maintenance of records by licensees; to provide for procedures for licensees; to prohibit certain conduct; to provide for penalties; to provide exceptions from licensure; to provide for registration of persons claiming to be exempt from licensure; 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 adding between Article 4 and Article 5 a new Article 4A to read as follows:
"ARTICLE 4A
7-1-700. As used in this article, the term: (1) 'Licensed casher of checks' means any individual, partnership, association, or
corporation duly licensed by the Department of Banking and Finance to engage in business pursuant to the provisions of this article.
(2) 'Licensee' means a licensed casher of checks, drafts, or money orders. 7-1-701. (a) No person, partnership, association, or corporation shall engage in the business of cashing checks, drafts, or money orders for a consideration without first obtaining a license under this article. The term 'consideration' shall include any premium charged for the sale of goods in excess of the cash price of such goods. (b) Each application for a license shall be in writing and under oath to the department, in such form as the department may prescribe, and shall include the following:
(1) The legal name, residence, and business address of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director thereof;
(2) The location where the initial registered office of the applicant will be located in this state;
(3) The complete address of any other locations at which the applicant proposes to engage in cashing checks; and
(4) Such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, or agents. (c) The application shall be filed together with an investigation and supervision fee established by regulation which shall not be refundable but which, if the license is granted, shall satisfy the fee requirement for the first license year or the remaining part thereof. 7-1-702. (a) The department shall conduct an investigation of every applicant to determine the financial responsibility, experience, character, and general fitness of the applicant. If the department determines to its general satisfaction:

WEDNESDAY, FEBRUARY 14, 1990

1123

(1) That the applicant is financially responsible and appears to be able to conduct the business of cashing checks in an honest, fair, and efficient manner and with the confidence and trust of the community; and
(2) That the granting of such application will promote the convenience and advantage of the area in which the business is to be conducted, the department shall issue the applicant a license to engage in the business of cashing checks. (b) The department shall not issue such a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this article because of such conviction. The term 'substantial stockholder,' as used in this subsection, shall be deemed to refer to a person owning or controlling 10 percent or more of the total outstanding stock of the corporation in which such person is a stockholder. (c) Such license shall be kept conspicuously posted in the place of business of the licensee. Such license shall not be transferable or assignable. (d) A license issued pursuant to this article shall remain in force and effect through the remainder of the calendar year following its date of issuance unless earlier surrendered, suspended, or revoked pursuant to this article. 7-1-703. A license may be renewed for the ensuing 12 month period upon the filing of an application substantially conforming to the requirements of Code Section 7-1-683 with such modifications as the department may specify and as may be necessary. Such renewal application shall be filed on or after June 1 of the year in which the existing license expires. No investigation fee shall be payable in connection with such renewal application; but an annual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following January 1. If a renewal application is filed with the department before July 1 of any year, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license applied for or until 20 days after the department shall have refused to issue such renewal license.
7-1-704. (a) Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this article.
(b) To assure compliance with the provisions of this article and in consideration of any application to renew a license pursuant to the provisions of Code Section 7-1-703, the department may examine the books and records of any licensee to the same extent as it is authorized to examine financial institutions under this chapter. Each licensee shall pay an examination fee as established by regulations of the department to cover the cost of such examination.
7-1-705. (a) In every location licensed under this article, there shall be conspicuously posted and at all times displayed a notice stating the charges for cashing checks.
(b) Each licensee shall keep and use in its business such books, accounts, and records as the department may require to carry into effect the provisions of this article and the

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rules and regulations. Every licensee shall preserve such books, accounts, and records for at least two years.
(c) Before a licensee shall deposit with any bank a check, draft, or money order cashed by such licensee, the same must be endorsed with the actual name under which such licensee is doing business.
(d) (1) No licensee shall receive any check, draft, or money order with payment deferred pending collection. Payment shall be made immediately in cash for every check, draft, or money order accepted by the licensee.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, drafts may be accepted for collection with payment deferred where the licensee has posted a surety bond in the same manner as prescribed for check sales licensees under Code Section 7-1-683. The amount of the surety bond shall be $10,000.00 for each location operated by the licensee, but in no event in excess of $100,000.00 for all such locations. (e) No licensee shall cash a check, draft, or money order made payable to a payee other than a natural person unless such licensee has previously obtained appropriate documentation from the executive entity of such payee clearly indicating the authority of the natural person or persons cashing the check, draft, or money order on behalf of the payee. (f) No licensee shall indicate through advertising, signs, billhead, or otherwise that checks may be cashed without identification of the bearer of such check, and any person seeking to cash a check shall be required to submit such reasonable identification as shall be prescribed by the department; provided, however, the provisions of this subsection shall not prohibit a licensee from cashing a check simultaneously with the verification and establishment of the identity of the presenter by means other than the
presentation of identification. (g) Within five business days after being advised by the payor financial institution
that a check, draft, or money order has been altered, forged, stolen, obtained through fraudulent or illegal means, negotiated without proper legal authority, or represents the proceeds of illegal activity, the licensee shall notify the department and the district attorney for the judicial circuit in which the check was received. In the event a check, draft, or money order is returned to the licensee by the payor financial institution for any of the aforementioned reasons, the licensee may not release the check, draft, or money order without the consent of the district attorney or other investigating law enforcement authority.
7-1-706. (a) The department may suspend or revoke any licenses "or license issued
pursuant to this article if, after notice and a hearing: (1) It shall find that the licensee: (A) Has committed any fraud, engaged in any dishonest activities, or made any misrepresentation; (B) Has violated any provisions of the banking law or any regulation issued pursuant thereto, or has violated any other law in the course of its or his dealings as a licensed casher of checks; (C) Has made a false statement in the application for such license or failed to give a true reply to a question in such application; (D) Has demonstrated his or its incompetency or untrustworthiness to act as a licensed casher of checks; or (E) Has charged check cashing fees in unconscionable amounts which do not adequately reflect: (i) The level of risk associated with the cashing of checks of a particular class using ordinary prudence and commercially reasonable standards of identification and acceptance; (ii) The cost of funds necessary to operate a check cashing business; and (iii) The extraordinary costs for security safeguards associated with the business location of the licensee; or (2) It shall find that any ground or grounds exist which would require or warrant
the refusal of an application for the issuance of the license if such an application were then before it.

WEDNESDAY, FEBRUARY 14, 1990

1125

(b) No application for a license under this article shall be denied and no license granted under this article shall be suspended or revoked unless the applicant or licensee is given a reasonable opportunity to be heard by the department. For this purpose, the department shall give the applicant or licensee at least 20 days' written notice of the time and place of such hearing by registered or certified mail addressed to the principal place of business of such applicant or licensee. A copy of such notice of hearing shall be mailed to any association of licensees registered with the department for the purpose of receiving such notices, and such association shall be permitted to participate in the hearing, either on behalf of the applicant or in opposition to the application. Any order of the department denying, suspending, or revoking a license shall state the grounds upon which it is based and shall not be effective for 20 days after its rendition. A copy thereof shall be forwarded promptly by registered or certified mail addressed to the principal place of business of such applicant or licensee.
(c) A decision of the department denying a license, original or renewal, shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155.
7-1-707. Any person, partnership, association, or corporation and the several members, officers, directors, agents, and employees thereof, who shall violate any of the provisions of this article, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than one year or by a fine of not more than $500.00, or by both such fine and imprisonment.
7-1-708. (a) This article shall not apply to any bank, trust company, credit union, building and loan association, or savings and loan association which is chartered under the laws of this state or under federal law and domiciled in this state.
(b) The provisions of Code Sections 7-1-701, 7-1-702, 7-1-703, and 7-1-706 shall not apply to persons, partnerships, associations, or corporations engaged in the business of cashing checks, drafts, or money orders:
(I) Incidental to the retail sale of goods or services for a consideration of not more than $1.00 per check, draft, or money order; or
(2) Where the aggregate gross income received by such person, partnership, association, or corporation as consideration for the cashing of checks, drafts, or money orders does not exceed 5 percent of the total gross income from the retail sale of goods or services by such person, partnership, association, or corporation during its most recently completed fiscal year. In all other respects, such persons, partnerships, associations, or corporations shall be deemed to be licensees under this article. (c) Persons, partnerships, associations, or corporations claiming exemption under paragraph (2) of subsection (b) of this Code section shall register with the department on or before June 1 of each year certifying as to the basis for such exemption. A single registration accompanied by a registration fee to be established by regulations of the department shall cover all locations operated by such person, partnership, association, or corporation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Pinkston of the IOOth, Redding of the 50th and Beck of the 148th move to amend the Committee substitute to HB 1208 by striking the word "in" on line 1 of page 8 and inserting in lieu thereof the following:
", exclusive of direct costs of verification, in excess of 5 percent of the face value of the check or draft or in otherwise".
By adding on line 4 of page 10 after the word "exceed" and before the numeral "5" the following:

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JOURNAL OF THE HOUSE,

"the lesser of $12,000.00 for each location at which checks are cashed or".

The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams N Aiken Y Alford NAllen
Athon Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield Y Bonn
Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby
Y Cummings,B
Y Cummings,M Y Davis,C
Y Davis,G
Y Davis,M
Y Dixon,H Y Dixon,S y Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 YHooks N Howren Y Hudson Y Irwin Y Iaakson 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
Mangum Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B
Y McKinney,C Y Meadows
Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParharn Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Randall 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 E Smith,T
Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele
Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M Y Thompson
YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts Y White
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 167, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 442. By Representative Porter of the 119th:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to

WEDNESDAY, FEBRUARY 14, 1990

1127

definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state and must pay that tax to the dealer involved in the transaction; to provide for liability of the dealers for the tax; to provide for tax rates and credits; to provide for conditions and limitations regarding the tax; to provide when purchasers, lessees, or renters will be dealers and the consequence thereof; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, is amended by striking subparagraph (H) of subparagraph (3) of Code Section 48-8-2, relating to definitions, and inserting in its place a new subparagraph to read as follows:
"(H) 8ttlieits busiftess eiifteto by reflresentatives er by the distrilmtien 6f etlttlffigs er ether ad~ ertising matter and by '!'el'lS6l\ 6f the selieitatien reeeives and aeeerttB ertlers fwm eenst1mers in this siate; Solicits business Q.y representatives 2! engages!!! the regu-
lar Q! systematic solicitation Qf !! consumer market !!! this state Q.y the distribution Qf catalogs, periodicals, advertising fliers, 2! other advertising, 2! Q.y means Qf print, radio,
Q! television media, Q.y telegraphy, telephone, computer data base, cable optic, microwave, Q! other communication system. Each dealer as defined in this subparagraph shall collect the tax imposed by this article from the purchaser, lessee, 2! renter, ~ applica~ and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless it is affirmatively shown that this article has been fully complied with."
Section 2. Said article is further amended by striking subsection (c) of Code Section 48-8-30, relating to imposition of the sales tax, and inserting in its place two new subsections to read as follows:
"(c) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state, unless that
property ~ purchased !!! retail outside this state from !! dealer ~ defined ~par;:
graph (H) Qf paragraph ill Qf Code Section 48-8-2, the owner or user of the property
shall be a dealer and shall be liable for a tax at the rate of 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.
(c.1) (1) Every purchaser Qf tangible personal property !!!, retail outside this state from !! dealer, ~ defined !!! subparagraph (H) Qf paragraph (3) Qf Code Section
48-8-2, when such property ~ _!;Q be used, consumed, distributed, 2! stored within this
state, shall be liable for !! tax on the purchase !!! the rate Qf 1 percent Qf the sales price Qf the purchase. !! shall be prima-facie evidence that such property ~ _!;Q be used, consumed, distributed, 2! stored within this state if that property ~ delivered
!!! this state _!;Q the purchaser 2! agent thereof. The tax shall be paid _Qy the purchaser _!;Q the retailer making the sale, ~ provided !!! this article. The retailer shall remit the tax _!;Q the commissioner ~ provided !!! this article and, when received Q.y the commissioner, the tax shall be !! credit against the tax imposed on the retailer. Every person
who ~ !! dealer, ~ defined !!! subparagraph (H) Qf paragraph (3) _Qf Code Section
48-8-2 and who makes !!!!Y sale Qf tangible personal property !!!, retail outside this state which property ~ _!;Q be delivered !!! this state _!;Q !! purchaser 2! purchaser's
agent shall be !! retailer and !! dealer for purposes Qf this article and shall be liable for !! tax on the sale !!!, the rate Qf ! percent Qf such gross sales Q! the amount _Qf
tax ~ collected Q.y that person from purchasers having their purchases delivered !!! this state, whichever ~ greater.
(2) No retail sale shall be taxable to the retailer or dealer which is not taxable to theptUCha~ retail. The tax imposed Q.y this subsectWn shall be subject _!;Q the credit otherwise granted Q.y this article for like taxes previously paid !!! another state.

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JOURNAL OF THE HOUSE,

This subsection shall not be construed !Q require !! duplication !!! the payment 2f the

tax."

-

Section 3. Said article is further amended by striking subsection (e) of Code Section 48-8-30, relating to imposition of the sales and use tax, and inserting in its place two
new subsections to read as follows: "(e) Upon the first instance of use within this state of tangible personal property
leased or rented outside this state, unless that property ~ leased Q! rented outside this
state from !! dealer ~ defined !!! subparagraph (H) 2f paragraph (3) 2f Code Section
48-8-2, 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 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. (e.1) (1) Every person who leases, ~ lessor, Q! rents tangible personal property out-
side this state for use within this state shall be liable for a tax at the rate of 4 percent
2f the rental charge paid for that lease Q! rental if that person~ !! dealer:~ defined !!! subparagraph (H) 2f paragraph (3) 2f Code Section 48-8-2 and title !Q that property remains !!! that person. !! shall be prima-facie evidence that such property ~ !2 be used within this state if that property ~ delivered !!! this state !2 the lessee Q! renter 2f such property, Q! !Q the agent 2f either. The tax shall be paid Qy the lessee Q! renter and payment 2f the tax shall be made !2 the lessor Q! person receiving rental
payments for that property, which person shall be the dealer for purposes Qf this arti-
cle. The dealer shall remit the tax !2 the commissioner ~ provided !!! this article and,
when received Qy the commissioner, the tax shall be !! credit against the tax imposed
on the dealer. Every person who ~ !! dealer, ~ defined !!! subparagraph (H) 2f paragraph ffi 2f Code Section 48-8-2 and who leases Q! rents tangible personal property outside this state !2 be delivered !!! this state !2 the lessee, renter, Q! agent 2f either
shall be a dealer and shall be liable as such for a tax on the lease or rental at the
rate 2f 1-percent 2f the gross proceeds from such-leases Q! rentals Q!-the amount 2f taxes collected Qy that dealer for leases Q! rentals 2f tangible personal property delivered !!! this state, whichever ~ greater.
~ lease Q! rental shall be taxable !2 the dealer which ~ not taxable !2 the
lessee Q! renter. The tax imposed Qy this subsection shall be subject !Q the credit
granted Qy this article for like taxes previously paid !!! another state. This subsection shall not be construed !Q require !! duplication !!! the payment 2f the tax."

Section 4. Said article is further amended by striking subsection (g) of Code Section 48-8-30, relating to imposition of the sales and use tax, and inserting in its place a
new subsection to read as follows: "(g) Whenever a purchaser of tangible personal property under subseetian subsec-
tions (b) or (c.1) of this Code section, a lessee or renter of the property under subseetian SUlJSections (d) or (e.1) of this Code section, or a purchaser of tangible services under
subsection (f) Of this Code section does not pay the tax imposed upon him to the
retailer, lessor, or dealer who rents involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself and the commissioner, whenever he has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who rents involved in the transaction has nevertheless remitted to the commissioner the tax imposed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who rents involved."

Section 5. This Act shall become effective on July 1, 1990.

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.

WEDNESDAY, FEBRUARY 14, 1990

1129

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken Y Alford NAllen Y Athon N Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch
N Breedlove N Brooks N Brown Y Buck
Buford Y Byrd
N Campbell Y Carrell Y Carter Y Chambless Y Chance N Cheeks

Y Childers Clark,B
N Clark,H Y Clark,L Y Coleman Y Colwell Y Connell N Couch Y Crawford Y Crosby
Y Cummings,B
N Cummings,M
N Davis,C Y Davis,G N Davis,M Y Dixon,H
Dixon,S N Dobbs
Dover YDunn Y Edwards N Ehrhart N Felton
Fennel Y Floyd,J.M Y Floyd,J.W N Foster Y Godbee N Goodwin Y Green
Y Greene N Gresham NGriffin Y Groover Y Hamilton
Y Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
N Holmes Hooks
N Howren Y Hudson Y Irwin N Isakson Y Jackson,J Y Jackson,W
Y Jamieson
Y Jenkins Y Johnson N Jones Y Kilgore N Kingston
Lane,D N Lane,R Y Langford
N Lawrence Y Lawson YLee N Linder Y Long Y Lord Y Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey

N McKinney,B
N McKinney,C Y Meadows Y Milam Y Mobley
Moody N Morton Y Moultrie
Mueller Y Oliver,C YO!iver,M Y Orr
Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten
Y Pettit Pinkston
NPoag
Y Porter Y Poston N Powell y Randall
N Ransom YRay
Y Reaves N Redding Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith,L
Smith,P E Smith,T NSmith,W Y Smyre YSnow
Y Stancil,F N Stancil,S
Stanley Y Steele N Stephens Y Streat Y Teper
Y Thomas,C N Thomas,M N Thompson
Thurmond Y Titus
N Tolbert Y Townsend Y Twiggs N Vaughan
Y Waddle Walker,C
Y Walker,L N Wall YWare Y Watson Y Watta N White N Wilder N Williams,B N Willisma,J N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 111, nays 47.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 442, by substitute, was ordered immediately transmitted to the Senate.

HB 1299. By Representative Porter of the 119th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to the exemption of certain instruments, deeds, etc., from the real estate transfer tax, so as to clarify the exemption from the real estate transfer tax of executor's deeds of assent, administrator's deeds of assent, guardian's deeds of assent, trustee's deeds of assent, deeds or other instruments carrying out the exercise of powers of appointment.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy Adams
Y Aiken Y Alford

Y Allen
Y Athon Y Atkins Y Bailey Y Baker

Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B

Y Barnett,M Y Bates
Y Beck Y Benefield Y Benn

Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove

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JOURNAL OF THE HOUSE,

Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell Y Couch 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,J.M Y Floyd,J.W 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
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
Lane,D Y Lane,R Y Langford
Y Lawrence
Y Lawson Y Lee Y Linder Y Long
Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
Y McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley
Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C

Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag
Y Porter Y Poston Y Powell 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 E Smith,T Y Smith,W
Smyre

Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C
Y Thomas,M Y Thompson YThurmond
Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams,B YWilliams,J Y Yates Y Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1421.

By Representatives Dover of the 11th, Murphy of the 18th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to create and establish the Self-insurers Guaranty Trust Fund.

The following amendment was read and adopted:

The Committee on Industrial Relations moves to amend HB 1421 by striking line 27 of page 10 in its entirety and inserting in lieu thereof the following:
"maintain surety bonds or the board of trustees may, in its discretion, accept any irrevocable letter of credit or other acceptable forms of'.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Y Aiken
Alford Y Allen
Athon
Y Atkins Y Bailey Y Baker Y Balkcom

Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop

Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
Y Campbell Carrell
Y Carter

Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch

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

WEDNESDAY, FEBRUARY 14, 1990

1131

YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham YGriffin
Groover Hamilton 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 Lswson Y Lee Y Linder Y Long
Y Lord Y Lucas Y Lupton Y Mangum
Martin

Y McCoy
McDonald Y McKelvey Y McKinney,B Y McKinney,C
Y Meadows
Milam Y Mobley Y Moody
Y Morton Y Moultrie
Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett
Y Pannell YParbam Y Parrish Y Patten Y Pettit
Pinkston Y Poag
Y Porter

Y Poston
Y Powell y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson y Royal y Selman
Y Simpson Y Sinkfield Y Smitb,L Y Smitb,P E Smitb,T Y Smitb,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Y Stephens

Y Streat Y Teper YThomas,C YThomas,M Y Thompson Y Thurmond
Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L
Y Wall YWare Y Watson Y Watts y White
Wilder Y Williarns,B Y Williarns,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

HB 1567. By Representatives Baker of the 51st, Oliver of the 53rd, Teper of the 46th and Alford of the 57th:
A bill to amend Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for governing and policing of the unincorporated areas of a county, so as to increase the fines for certain ordinance violations.

The following amendment was read and adopted:
Representatives Alford of the 57th and Baker of the 51st move to amend HB 1567 by striking all matter on lines 1 through 4 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions of law applicable to counties, so as to change provisions relating to county environmental regulation; to change provisions relating to transportation of certain waste materials across county lines; to change provisions relating to penalties for violation of certain county ordinances; to".
By striking all matter on lines 7 through 11 of page 1 and inserting in lieu thereof the following:
"Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions of law applicable to counties, is amended by striking Code Section 36-1-16, relating to transportation of certain waste materials across county lines, and inserting in its place a new Code section to read as follows:
'36-1-16. ill No person, firm, corporation, or employee of any municipality shall
transport, pursuant to a contract, whether oral or otherwise, garbage, trash, waste, or refuse across state or county boundaries for the purpose of dumping the same at a

1132

JOURNAL OF THE HOUSE,

publicly or privately owned dump, unless permission is first obtained from the governing authority of the county in which the dump is located and from the governing authority of the county in which the garbage, trash, waste, or refuse is collected.
(b) Subsection ill Qf this Code section shall not !!mili' !Q the transportation Qf !!!!Y material which ~ regulated pursuant !Q Article ~ Qf Chapter . Qf Title 1b the "Geor~ Water Quality Control Act," Q!: Chapter ~ Qf Title 1b "The Georgia Air Quality
Act Qf 1978."'
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 36-1-20, relating to county ordinances, and inserting in its place a new".
By renumbering 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 NAllen Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell Y Couch 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 YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson
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 y Long
Y Lord Y Lucas Y Lupton YMangum Y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston N Poag Y Porter
Y Poston Y Powell 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 ESmith,T YSmith,W
Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens
Streat Y Teper YThomas,C YThomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vanghan
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 164, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1846. By Representatives Isakson of the 21st, Thompson of the 20th, Clark of the 20th, Gresham of the 21st, Wilder of the 21st and others:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Annotated, relating to limitation on annexation by certain municipalities, so as to provide that certain municipalities shall be authorized to annex territories prior to July 1, 1991, upon compliance with certain conditions.

WEDNESDAY, FEBRUARY 14, 1990

1133

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates y Beck
Y Benefield YBenn
Birdsong Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell Y Couch 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 YEhrhart Y Felton Y Fennel Y Floyd,J.M YFloyd,J.W 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 YHooks 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 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 Milam
Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver,C
Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston Y Powell
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
E Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens
Y Streat Y Teper
Y Thomas,C YThomas,M Y Thompson
YThurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts Y White YWilder YWilliams,B
Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 628. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 628

The Committee of Conference on HB 628 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 628 be adopted.

1134

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ John C. Foster Senator, 50th District
/s/ Beverly Engram Senator, 34th District
/s/ J. Nathan Deal Senator, 49th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ William C. Mangum, Jr. Representative, 57th District
/s/ Troy A. Athon Representative, 57th District
/s/ William J. Dover Representative, 11th District

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 20-2-320 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, relating 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 make certain editorial changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. 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 &ftfd Department of Pestseeendar) Veeatienal Edeeatien Technical and Adult Education, and the Board of Regents of the University System of Georgia shall be coordinated 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 Pestseeendary Veeatienal Edeeatien Tech-

nical and Adult Education;"

--

Section 3. Code Section 20-2-320 of the Official Code of Georgia Annotated, relating 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 &ftfd Department of Pestseeendar) Veeatienal

WEDNESDAY, FEBRUARY 14, 1990

1135

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 identify 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 8l'e1:l: vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accurate and timely flow of information from these agencies to the state. 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 network host shall be maintained in a manner which can be readily transmitted by electronic medium upon request from authorized educational agencies. The task force shall adopt a statement recommending the frequency by which each data component is transmitted. Such data shall be transmitted by electronic medium no later than the completion 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 Pt>stseeondary Voeatioflal Etitteatiofl Technical and Adult Education shall develop and maintain an individual data record for each student enrolled in the postsecondary V6ettiional 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 Postseeof!tittry Voetttioflal Etitteatiofl 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 collected 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 8ittte Bottffl Department of Postseeof!dttry Vt>eati6flal Etitteatiofl 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 Bottffl Department of Pt>stseeofldttry Voeatioflal Edtteatiof! Technical and Adult Education, shall be accessible by authorized educational agencies~ 1 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 violate 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 authorized educational agencies. The Department of Education and the 8ittte Bottffl Department of Postseeofldttr)' Voeatioflttl Edtteation Technical and Adult Education shall adopt

1136

JOURNAL OF THE HOUSE,

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 Beard Department of

Postseetmdary VoeatioHal EdtieatioH Technical and Adult Education shall adopt moni-

toring, editing, and verifying mechanisms necessary to assure the accuracy and complete-

ness of data. Any information collected over the state-wide comprehensive educational

information network which is not stored in an individual student or personnel record

format shall be made available to the Governor and the House and Senate Appropria-

tions and Education committees, except information otherwise prohibited by statute.

Data which are included in an individual student record or individual personnel 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 agencies 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 PostseeoHdary VoeatioHal EdtieatioH Technical

and Adult Education, local units of administration, public libraries, and area

postsecondary area vocational-technical schools. In local school systems, specific hard-

ware 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 hard-

ware and software used in the state-wide comprehensive educational information net-

work comprise a level of uniformity sufficient to enable unimpeded flow of data. The

state board shall request sufficient funds annually for the development, operation, train-

ing of appropriate personnel, and maintenance of the network, including any funding

needed for hardware and software for the Department of Education, the State Beard

Department of PostseeoHdary VoeatioHal Ed1:1eation Technical and Adult Education,

local units of administration, public schools, public libraries, and area postsecondary

area vocational-technical schools."

--

Section 4. Code Section 49-5-161 of the Official Code of Georgia Annotated, relating 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 Superintendent, the exec1:1th e directffl' commissioner of the State Beard of PostseeoHdary oeational Ed1:1eation Technical and Adult Education, the commissioner of the Department of Medical Assistance, the Commissioner of the Department of Labor, the commissioner of the Department of Human Resources, the commissioner of the Department of Corrections, the director of the Office of Planning and Budget, the chairman of the Senate Education Committee, the chairman of the House of Representatives Education Committee, the chairman of the Senate Appropriations Committee, the chairman of the House of Representatives Appropriations Committee, the chairman of the Senate Children and Youth Committee, the chairman of the Senate Human Resources Committee, the chairman of the House of Representatives Health and Ecology Committee, the chairman of the House of Representatives Children and Youth Subcommittee of the Health and Ecology Committee, the chairman of the Senate Judiciary Committee, the chairman of the House of Representatives Judiciary Committee, the chairman of the Senate Banking and Finance Committee, 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 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

WEDNESDAY, FEBRUARY 14, 1990

1137

Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Mangum of the 57th moved that the House adopt the report of the Committee of Conference on HB 628.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn
Birdsong
Y Bishop Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch
Y Crawford Crosby
Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
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 Ylrwin Y Iaakson 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

On the motion, the ayes were 154, nays 0. The motion prevailed.

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Reaves Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Sinkfield

Y Smith,L Y Smith,P
ESmith,T Y Smith,W Y Smyre YSnow Y Stancil,F
Stancil,S
Y Stanley Steele Stephens
Y Streat Y Teper YThomas,C Y Thomas,M Y Thompson
Thurmond Y Titus
Tolbert Y Townsend Y Twiggs Y Vaughan YWaddle
Walker,C Y Walker,L YWall
Ware Y Watson Y Watts
White YWilder YWilliams,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 and Resolutions of the House and Senate were taken up for consideration and read the third time:

SR 23. By Senator Kidd of the 25th:
A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date.

The following amendment was read and adopted:

The Committee on State Institutions and Property moves to amend SR 23 by striking from line 18 of page 2 the following:
"$10,000.00";
and inserting in lieu thereof the following:

1138

JOURNAL OF THE HOUSE,

"$2,500.00".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford
Y Allen Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Y Dixon,S Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
Y Lee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Y Oliver,M
Y Orr Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell y Randall
Y Ransom YRsy
Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P E Smith,T Y Smith,W
Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Y Walker,C Y Walker,L YWall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1798. By Representatives Irwin of the 13th, Jackson of the 9th, Barnett of the lOth and Harris of the 84th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons, so as to provide that a sheriff may choose to use his sheriffs distinctive license plate on his law enforcement or sheriffs 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 Y Allen Y Athon Y Atkins

Y Bailey Y Baker Y Balkcom
Y Bannister

Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M

Y Bates Beck
Y Benefield Y Benn

WEDNESDAY, FEBRUARY 14, 1990

1139

Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter
Chambless Chance
Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Y Colwell Y Connell Y Couch 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,J.M Y Floyd,J.W 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
Isakson

Y Jackson,J Y Jackson,W
Jamieson
Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
N Lane,R Y Langford
Y Lawrence Y Lawson NLee Y Linder Y Long Y Lord
Lucas Y Lupton YMangum
Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B McKinney,C Y Meadows
Milam Y Mobley Y Moody
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 N Porter Y Poston Y Powell y Randall Y Ransom NRay
Reaves Y Redding
Y Richardson Ricketson
Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L N Smith,P N Smith,T
Smith,W

Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens
Y Streat Y Teper
YThomas,C YThomas,M
Thompson
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
White Y Wilder YWilliams,B Y Williams,J NYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 145, nays 7. The Bill, having received the requisite constitutional majority, was passed.

Due to mechanical malfunction, the vote of Representative Morton of the 47th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Thompson of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
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.
The following amendment was read:
The Committee on Health and Ecology moves to amend HB 952 by adding "to provide for fees;" after the semicolon on line 7 of page 1.
By striking "1989" from lines 30, 31, and 33 of page 3 and inserting "1990" in their places.
By adding between lines 5 and 6 of page 4 the following: "(d) The department shall establish by rules the fee that shall be collected at the time that the department receives an application for a certificate of registration or the renewal thereof.".
By striking "(d)" from line 6 of page 4 and inserting "(e)" in its place.

The following amendment was read and adopted:

1140

JOURNAL OF THE HOUSE,

Representative Groover of the 99th moves to amend the Committee Amendment to HB 952 as follows:
By adding on line 12 of the Committee Amendment the following:
"such fee not to exceed $25.00."

The Committee amendment, as amended, 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 Y Abernathy Y Adams Y Aiken Y Alford Y Allen
Athon N Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron N Barnett,B N Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
N Breedlove Y Brooks Y Brown Y Buck Y Buford
Byrd
Y Campbell Y Carrell N Carter
Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L N Coleman N Colwell Y Connell Y Couch Y Crawford
Crosby
N Cummings,B
Cummings,M Y Davis,C Y Davis,G N Davis,M Y Dixon,H
Dixon,S
N Dobbs Y Dover NDunn Y Edwards Y Ehrhart Y Felton
Fennel
Y Floyd,J.M Y Floyd,J.W N Foster N Godbee Y Goodwin Y Green Y Greene
Gresham NGriffin Y Groover Y Hamilton
Y Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks
N Howren Y Hudson Y Irwin Y Isakson
N Jackson,J Y Jackson,W N Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
N Lane,D N Lane,R
Langford Y Lawrence N Lawson Y Lee Y Linder Y Long
Lord Y Lucas Y Lupton
Mangum Y Martin N McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney,C N Meadows
Milam Y Mobley N Moody
Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell Y Parham N Parrish Y Patten
Pettit Pinkston Y Poag Porter Y Poston N Powell y Randall
Y Ransom NRay Y Reaves Y Redding Y Richardson N Ricketson N Robinson y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P N Smith,T Y Smith,W
Smyre N Snow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Stephens
Y Streat Y Teper Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend N Twiggs
Y Vaughan YWaddle Y Walker,C Y Walker,L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williarns,B Y Williarns,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 125, nays 31.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Due to mechanical malfunction, the vote of Representative Morton of the 47th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The Speaker Pro Tern assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

WEDNESDAY, FEBRUARY 14, 1990

1141

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.

The following Senate amendment was read:

Amend HB 1105 by adding on Page 3, after line 31, the following: "(12) Pears."; and by changing the period to a semicolon on Page 3, line 31; and adding "and"; and by striking on Page 3, line 26, the word "and".

The following amendment was read and adopted:

Representative Smith of the 152nd moves to amend the Senate Amendment to HB 1105 by striking the word "and" where it appears in line 7 on page 2 and inserting in lieu thereof a comma.
By inserting in line 10 on page 2 immediately preceding the period immediately following the word "margins" the following:
",and to make available to consumers emerging crops grown in Georgia".

Representative Smith of the 152nd moved that the House agree to the Senate amendment to HB 1105, as amended by the House.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Ahemathy
Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford
Byrd Y Camphell

Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Connell Couch Y Crawford 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 YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M YFloyd,J.W

Foste1 Y Godhee Y Goodwin Y Green Y Greene
Gresham Griffin
Y Groover Y Hamilton Y Hanner YHarris
Hasty Y Heard
Herhert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Iaakson 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 y Long
Lord Y Lucas Y Lupton
Mangum
Martin Y McCoy
Y McDonald Y McKelvey
McKinney,B McKinney,C Y Meadows Milam Mobley Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham

Parrish Y Patten
Y Pettit Pinkston
Y Poag Porter
Y Poston Y Powell y Randall
Y Ransom YRay
Reaves y Redding Y Richardson
Ricketson Robinson y Royal Y Selman 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

1142

JOURNAL OF THE HOUSE,

Streat Y Teper
Thomas,C YThomas,M Y Thompson

Thurmond Y Titus Y Tolbert Y Townsend
Twiggs

Y Vaughan YWaddle Y Walker,C Y Walker,L Y Wall

On the motion, the ayes were 133, nays 0. The motion prevailed.

Ware Y Watson Y Watts Y White Y Wilder

Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1562.

By Representative Heard of the 43rd:
A bill to amend Code Section 40-6-331 of the Official Code of Georgia Annotated, relating to the authority of local governments to regulate the operation of motorized carts, so as to authorize local registration and licensing of such carts.

The following amendment was read and adopted:

Representatives Patten of the 149th and Heard of the 43rd move to amend HB 1562 by inserting at the end of line 5 of page 1 the following:
"exceptions; to provide for".
By inserting at the end of line 2 of page 2 the following:
"The provisions Qf this subsection and the authority granted Q.y this subsection shall not !!P.P!_y .!2 motorized carts owned Q.y gQ!f courses, country clubs, Q! other such organized entities which own such carts and make them available .!2 members Q! the
public on !! rental basis."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Y Allen Athon
Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates

Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless

Y Chance N Cheeks N Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman YColwell Y Connell Y Couch Y Crawford Y Crosby
Y Cummings,B
Y Cummings,M Y Davis,C N Davis,G N Davis,M

Y Dixon,H
Y Dixon,S Y Dobbs
Y Dover NDunn
Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham

Y Griffin
Y Groover Hamilton
Hanner
YHarris YHasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudson Y Irwin Y Iaakson Y Jackson,J

WEDNESDAY, FEBRUARY 14, 1990

1143

Y Jackson,W Y 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 Y Long Y Lord
N Lucas Y Lupton
Mangum

Martin Y McCoy
Y McDonald Y McKelvey
McKinney,B McKinney,C Y Meadows Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock N Padgett Y Pannell

Y Parham Y Parrish Y Patten
Y Pettit Pinkston
N Poag Y Porter Y Poston Y Powell
N Randall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketeon 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 Streat N Teper
Y Thomas,C Y Thomas,M YThompson Y Thurmond

Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall
YWare Y Wateon Y Watts Y White Y Wilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 147, nays 12.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 876. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to provide that unless otherwise provided by concurrent resolution the General Assembly shall during regular sessions automatically adjourn on Fridays and reconvene on Mondays.

Representative Walker of the 115th moved that the House insist on its position in disagreeing to the Senate substitute to HB 876 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 Connell of the 87th, Thomas of the 69th and Coleman of the 118th.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

1144

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 851. By Representative Hamilton of the I 24th: A resolution commending Mr. Steven Tanner and the Southeast Regional Troubled Children's Committee, Inc.
HR 852. By Representative Connell of the 87th: A resolution honoring His Eminence Archbishop Iakovos, Primate of the Greek Orthodox Church of North and South America.
HR 853. By Representatives Simpson of the 70th and Thomas of the 69th: A resolution commending Mr. Pat Wright.
HR 854. By Representatives Howren of the 20th, Thompson of the 20th, Ehrhart of the 20th, Vaughan of the 20th, Clark of the 20th and others: A resolution commending Honorable John L. Collar.
The following Resolutions of the House were read and referred to the Committee on Education:
HR 855. By Representative Mangum of the 57th:
A resolution urging local boards of education to adopt policies permitting and encouraging options for students in determining the schools which they will attend and encouraging local boards of education and school system leadership to undertake studies of the various alternatives for providing such enrollment options to students.
HR 856. By Representative Mangum of the 57th:
A resolution urging the State Board of Education and the Department of Education to initiate a study of alternatives for implementing year-round school calendars without increasing the total number of days a student is required to attend and to present information to local boards of education on alternatives which are identified as feasible.
HR 857. By Representatives Twiggs of the 4th, Jackson of the 83rd, Dover of the 11th, Mangum of the 57th, Abernathy of the 39th and others:
A resolution encouraging school systems in Georgia to adopt professionally developed firearms safety programs with a view to preventing accidental injuries to children.
The following Resolutions of the House and Senate were read and referred to the Committee on Rules:

WEDNESDAY, FEBRUARY 14, 1990

1145

HR 858. By Representative Barnett of the 59th:
A resolution inviting all the members of this body to the 1990 edition of the Gwinnett County Chamber of Commerce's salute to the Georgia General Assembly.

HR 859. By Representatives Birdsong of the 104th and Buford of the 103rd:
A resolution congratulating the Tattnall Square Academy football team and inviting the team to appear before the House of Representatives.

SR 437. By Senators Hammill of the 3rd, Echols of the 6th, Kennedy of the 4th and others
A resolution commending Dr. John W. Tee!; and for other puposes.

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 533 Do Pass, by Substitute
Respectfully submitted,
Is/ Patten of the 149th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 1493. By Representatives Lord of the 107th, Branch of the 137th, Barfoot of the 120th, Irwin of the 13th, McCoy of the 1st and others:
A bill to amend Code Section 48-5-48.3 of the Official Code of Georgia Annotated, relating to a homestead exemption for disabled veterans, so as to provide that such exemption shall be extended to the veteran's unremarried surviving spouse and minor children.

The following Committee substitute was read:

A BILL
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to certain exemptions from ad valorem taxation of property, so as to provide for the consolidation of certain provisions granting homestead exemptions to disabled veterans; to provide for the exemption from ad valorem taxation of the homestead of certain disabled veterans and their unremarried spouses and minor children; to provide for definitions; to provide for eligibility, application, and filing requirements; to provide that the unremarried surviving spouse or minor children may apply for and receive such exemption under certain circumstances; to provide for certain persons who have applied and are eligible for certain homestead exemptions as of January 1, 1991; to repeal Code

1146

JOURNAL OF THE HOUSE,

Section 48-5-48.3, relating to a certain homestead exemption for disabled veterans; to provide for the authority for this Act; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to certain exemptions from ad valorem taxation of property, is amended by striking Code Section 48-5-48, relating to a certain homestead exemption for disabled veterans and certain surviving family members, which reads as follows:
"48-5-48. (a) Any disabled veteran qualifying for the homestead exemption provided for by Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1976 shall file with the tax commissioner or tax receiver a letter from the Veterans' Administration stating that he is a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and that he is disabled due to the loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair.
(b) Any disabled veteran who is not entitled to receive benefits from the Veterans' Administration but who qualifies otherwise, as provided for by Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1976, shall file with the tax commissioner or tax receiver a copy of his DD form 214 (discharge papers from his military records) along with a letter from a doctor who is licensed to practice medicine in this state stating that he is disabled due to loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption.
(c) Each disabled veteran shall file for the exemption only once in the county of his residence. Once filed, the exemption shall automatically be renewed from year to year; and, except as provided in subsection (d) of this Code section, such exemption shall be extended to the unremarried surviving spouse or minor children at the time of his death so long as they continue to occupy the home as a residence and homestead.
(d) Not more often than once every three years, the county board of tax assessors may require the holder of an exemption granted pursuant to this Code section to substantiate his continuing eligibility for the exemption. In no event may the board require more than three doctors' letters to substantiate eligibility.
(e) Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia ratified in 1982 continues in effect as statutory law, until otherwise provided for by law, those types of exemptions from ad valorem taxation in effect on June 30, 1983. One such exemption is the homestead exemption granted, subject to the other provisions of this Code section, to disabled veterans and their surviving spouses and minor children by the sixth unnumbered subparagraph of Article VII, Section I, Paragraph IV of the Constitution of 1976 which reads as follows:
'Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $25,000.00 on his homestead, which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to

WEDNESDAY, FEBRUARY I4, I990

1147

taxation. The term "disabled veteran", as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, or blindness in both eyes, having only light perception, plus loss, or loss of use, of one lower extremity, or due to the loss, or loss of use, of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. The unremarried widow or minor children of any such disabled veteran, as defined herein, shall also be entitled to an exemption of $25,000.00 on the homestead so long as the unremarried widow or minor children continue to actually occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the exemption granted herein to the veteran, his unremarried widow or minor children shall remain subject to taxation. The State Revenue Commissioner is hereby authorized and directed to notify each tax collector, tax receiver and tax commissioner in this State in the event this amendment to the Constitution is ratified by the electorate. The exemption provided for herein shall apply to all taxable years beginning after December 3I, I978.' Said provisions of the Constitution of I976 shall continue in effect as statutory law until otherwise provided for by law.", and inserting in its place a new Code Section 48-5-48 to read as follows:
"48-5-48. (a) As used in this Code section, the term 'disabled veteran' means:
(I) A wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Department of Veterans Affairs of the United States as being totally and permanently disabled and entitled to receive service connected benefits so long as he is IOO percent disabled and receiving or entitled to receive benefits for a IOO percent service connected disability;
(2) An American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and that he is disabled due to the loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair;
(3) An American veteran of any war or armed conflict who is disabled due to loss or loss of use of one lower extremity together with the loss or loss of use of one upper extremity which so affects the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; or
(4) A veteran becoming eligible for assistance in acquiring housing under Section 80I of the United States Code as hereafter amended on or after January I, I985.
(b) Each disabled veteran as defined in this Code section who is a citizen and resident of Georgia is granted an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 802 of Title 38 of the United States Code, as amended, on his homestead which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. The unremarried surviving spouse or minor children of any such disabled veteran as defined in this Code section shall also be entitled to an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 802 of Title 38 of the United States Code, as amended, on the homestead so long as the unremarried surviving spouse or minor children continue actually to occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for

1148

JOURNAL OF THE HOUSE,

state, county, municipal and school purposes. The value of all property in excess of such exemption granted to such unremarried surviving spouse or minor children shall remain subject to taxation.
(c) Each disabled veteran shall file for the exemption only once in the county of his residence. Once filed, the exemption shall automatically be renewed from year to year, except as provided in subsection (d) of this Code section. Such exemption shall be extended to the unremarried surviving spouse or minor children at the time of his death so long as they continue to occupy the home as a residence and homestead. In the event a disabled veteran who would otherwise be entitled to the exemption dies or becomes incapacitated to the extent that he or she cannot personally file for such exemption, the spouse, the unremarried surviving spouse, or the minor children at the time of the disabled veteran's death may file for the exemption and such exemption may be granted as if the disabled veteran had made personal application therefor.
(d) Not more often than once every three years, the county board of tax assessors may require the holder of an exemption granted pursuant to this Code section to substantiate his continuing eligibility for the exemption. In no event may the board require more than three doctors' letters to substantiate eligibility.
(e) Any person who as of January 1, 1991, has applied and is eligible for the exemption for disabled veterans, their surviving spouses, and minor children formerly provided for by the sixth unnumbered subparagraph of Article VII, Section I, Paragraph IV of the Constitution of 1976; the exemption for disabled veterans provided for in Article VII, Section II, Paragraph V of the Constitution of 1983; or the exemption for disabled veterans formerly provided for by Code Section 48-58-48.3 as enacted by an Act approved April 11, 1986 (Ga. L. 1986, p. 1445), shall be eligible for the exemption granted by subsection (b) of this Code section without applying for such exemption."
Section 2. Said part is further amended by repealing in its entirety Code Section 48-5-48.3, relating to a certain homestead exemption for disabled veterans, which reads as follows:
"48-5-48.3. (a) (1) Each disabled veteran as defined in this Code section who is a citizen and resident of Georgia is granted an exemption on his homestead of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 802 of Title 38 of the United States Code as hereafter amended, which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation.
(2) The term 'disabled veteran' as used in this Code section means a disabled wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Veterans' Administration of the United States as being totally and permanently disabled and entitled to receive service connected benefits so long as he is 100 percent disabled and receiving or entitled to receive benefits for a 100 percent service connected disability. (b) Each disabled veteran as defined in this Code section shall file for the exemption only once in the county of residence. Once filed, the exemption shall automatically be renewed from year to year except as provided in subsection (c) of this Code section. (c) Not more often than once every three years, the county board of tax assessors may require the holder of an exemption granted pursuant to this Code section to substantiate his continuing eligibility for the exemption. In no event may the board require more than three doctors' letters to substantiate eligibility."
Section 3. This Act is enacted pursuant to authority provided for in Article VII, Section II, Paragraph V of the Constitution.
Section 4. This Act shall become effective January 1, 1991, and shall be applicable to all taxable years beginning on or after that date.
Section 5. All laws and parts of Jaws in conflict with this Act are repealed.

WEDNESDAY, FEBRUARY 14, 1990

1149

The following amendment was read and adopted:

Representatives Coleman of the 118th, Lord of the 107th and Harris of the 84th move to amend the Committee substitute to HB 1493 by inserting between lines 3 and 4 of page 6 the following:
"(3) Any disabled veteran who is not entitled to receive benefits from the Department of Veterans Affairs but who qualifies otherwise, as provided for by Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1976;".
By striking "(3)" on line 4 of page 6 and inserting in its place "(4)".
By striking "(4)" on line 11 of page 6 and inserting in its place "(5)".
By striking from line 15 of page 6 the following:
"Each disabled veteran as defined in this Code",
and inserting in its place the following:
"Any disabled veteran as defined in any paragraph of subsection (a) of this Code".
By inserting between lines 5 and 6 of page 7 the following:
"(c) (1) Any disabled veteran qualifying pursuant to paragraph (1) or (2) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from the Department of Veterans Affairs stating the qualifying disability.
(2) Any disabled veteran qualifying pursuant to paragraph (3) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a copy of his DD form 214 (discharge papers from his military records) along with a letter from a doctor who is licensed to practice medicine in this state stating that he is disabled due to loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption.
(3) Any disabled veteran qualifying pursuant to paragraph (4) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from a doctor who is licensed to practice medicine in this state stating the qualifying disability. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption.
(4) Any disabled veteran qualifying pursuant to paragraph (5) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from the Department of Veterans Affairs stating the eligibility for such housing assistance."
By striking "(c)" from line 6 of page 7 and inserting in its place "(d)".
By striking "(d)" from line 22 of page 7 and inserting in its place "(e)".
By striking "(e)" from line 28 of page 7 and inserting in its place "(f)".

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JOURNAL OF THE HOUSE,

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom
Bannister Y Barfoot Y Bargeron
Y Barnett,B Barnett,M
YBates YBeck Y Benefield YBenn
Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford Y Byrd Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers Y Clark,B
Clark,H Clark,L Y Coleman Y Colwell Y Connell Y Couch
Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C
Davis,G
Y Davis,M Y Dixon,H Y Dixon,S
Dobbs Y Dover YDunn
Edwards y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee
Y Goodwin Y Green Y Greene
Gresham Y Griffm Y Groover YHamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks
Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson
Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Langford Y Lawrence Y Lawson Y Lee
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
YMeadows
Milam Y Mobley YMoody
Y Morton Y Moultrie
Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten
Pettit Pinkston y Poag
Porter Y Poston Y Powell
Randall YRansom YRay
Reaves y Redding Y Richardson
Ricketson Y Robinson y Royal y Selman
Y Simpson
Sinkfield

Y Smith,L Y Smith,P
Y Smith,T Y Smitb,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Strest Y Teper
Thomas,C YThomas,M YThompson
Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vanghan Y Waddle Y Walker,C
Walker,L Y Wall YWare
Watson
Watts White Y Wilder YWilliams,B
Williams,J Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1430.

By Representatives Mangum of the 57th, Athon of the 57th and Hamilton of the !24th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for direct instructional costs, so as to change certain provisions relating to direct instructional costs for the kindergarten and primary grades program.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken

Alford Y Allen Y Athon Y Atkins

Y Bailey Baker
Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M

Y Bates y Beck
Y Benefield Benn

WEDNESDAY, FEBRUARY 14,1990

1151

Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Chance
Y Cheeks Y Childers Y Clark,B
Clark,H Clark,L Y Coleman Colwell Y Connell Y Couch
Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H

Y Dixon,S
Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
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
Langford Y Lawrence Y Lawson Y Lee Y Linder y Long
Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
Y McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody
Y Morton Y Moultrie

Y Mueller Y Oliver,C YO!iver,M
YOrr Y Orrock Y Padgett
Y Pannell Parham
Y Parrish Y Patten
Pettit Pinkston YPoag
Porter Y Poston Y Powell
Randall Ransom YRay Reaves Redding Y Richardson Ricketson Y Robinson y Royal y Selman Y Simpson
Sinkfield Y Smith,L Y Smith,P YSmith,T YSmith,W

Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M YThompson
YThurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson
Y Watts White
Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1340.

By Representative Smith of the 78th:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to possession of marijuana and controlled substances, so as to prohibit the purchase of marijuana and controlled substances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Y Aiken
Alford
Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Bamett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop
Bostick Y Branch

Y Breedlove
Brooks
Y Brown Y Buck
Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M

Y Davis,C
Y Davis,G Y Davis,M Y Dixon,H
Y Dixon,S Dobbs
Y Dover YDunn
Edwards YEhrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin
Y Green Y Greene
Gresham Y Griffm Y Groover
Hamilton Y Hanner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane,D YLane,R
Langford
Y Lawrence

Y Lawson Y Lee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr

1152

JOURNAL OF THE HOUSE,

Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten
Pettit Pinkston Y Poag Y Porter Y Poston Y Powell

Randall Y Ransom YRay
Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Y Smith,W Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat

Teper
YThomas,C Y Thomas,M YThompson YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C

Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder YWilliams,B
Williams,J Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1316. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made.

Representative Clark of the 55th moved that HB 1316 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy N Adams N Aiken N Alford NAllen
Athon N Atkins
Bailey N Baker N Balkcom N Bannister N Barfoot
N Bargeron N Bamett,B N Barnett,M N Bates N Beck N Benefield
Benn N Birdsong N Bishop N Bostick N Branch N Breedlove
Brooks Y Brown N Buck N Buford
Byrd
N Campbell N Carrell N Carter N Chambless N Chance N Cheeks

N Childers
Y Clark,B
Clark,H Clark,L N Coleman N Colwell
N Connell N Couch N Crawford
Crosby N Cummings,B Y Cummings,M N Davis,C Y Davis,G N Davis,M N Dixon,H N Dixon,S N Dobbs N Dover
NDunn N Edwards N Ehrhart N Felton N Fennel N Floyd,J.M
Floyd,J.W N Foster N Godbee N Goodwin
Green Y Greene
N Gresham N Griffin N Groover N Hamilton Y Hanner

N Harris
N Hasty
Heard N Herbert N Holcomb N Holland N Holmes
NHooks N Howren N Hudson N Irwin N Isakson N Jackson,J Y Jackson,W
N Jamieson Y Jenkins Y Johnson N Jones N Kilgore Y Kingston N Lane,D N Lane,R N Langford N Lawrence N Lawson N Lee N Linder N Long N Lord Y Lucas N Lupton
Mangum N Martin N McCoy
N McDonald N McKelvey

On the motion, the ayes were 15, nays 148. The motion was lost.

N McKinney,B
N McKinney,C
N Meadows NMilam N Mobley N Moody N Morton
N Moultrie Y Mueller N Oliver,C N Oliver,M N Orr N Orrock N Padgett
N Pannell NParharn N Parrish N Patten
Pettit N Pinkston N Poag
N Porter Y Poston NPowell N Randall N Ransom NRay N Reaves N Redding N Richardson N Ricketson
N Robinson N Royal
Selman N Simpson
N Sinkfield

N Smith,L
N Smith,P N Smith,T NSmith,W N Smyre NSnow N Stancil,F
N Stancil,S N Stanley N Steele N Stephens N Streat N Teper
NThomas,C NThomas,M N Thompson N Thurmond N Titus N Tolbert N Townsend N Twiggs N Vaughan N Waddle
Walker,C N Walker,L N Wall N Ware N Watson N Watts Y White N Wilder N Williams,B
Williams,J
Y Yates N Yeargin
Murphy,Spkr

WEDNESDAY, FEBRUARY 14, 1990

1153

The following Committee substitute was read:

A BILL
To amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made; to provide for criminal penalties; to provide for immunity from liability; to require reporting notwithstanding the privileged or confidential nature of certain communications; to provide for civil penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
"19-7-5. (a) The purpose of this Code section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the conduct of those responsible for their care and protection. ~ is efteft mtmifest by the intlietien by 6tfter th8:n aeeidental metHtS ef physie8l ifl:jtiey requiring the attention ef 8 p~sieitm. It is intended that the mandatory reporting of such cases will cause the protective services of the state to be brought to bear on the situation in an effort to prevent further abuses, to protect and enhance the welfare of these children, and to preserve family life wherever possible. This Code section shall be liberally construed so as to carry out the purposes thereof.
(b) Any physieiaR, ineluding tmy tffieter ef medieine lieensed t6 praetiee undet- Gftapter 84 ef !fitle 4&, lieensed esteepatbie physieian, intem, resident, all ether h6spital 6f medieal personnel, dentist; psyehelegist, pediatrist, flUt'8iflg persenRel, ~ werk -pep86ftftel, seheelte8ehers 8ftd seheel admiRistraters, seheel guidanee eounselers, ehild eare per86nnel, day eare persooRel, ehild eeunseling persoRnel, ehiltl set'Yiee ergani2atioR -pep86ftftel, 6f law enfureemeRt personnel haYing re8SORable eause t6 believe that -a ehiltl under the age ef l8 has had physie8l ifl:jtiey 6f injuries iftflieted up6ft him by 8 parent 6f caretaker by ether th8:n aeeideRtal ffte8:ft8; has beeR Regleeted 6f exploited by a parent 6f earetaker, 6f has beeR sexually assaulted 6f sexually expleited sh-all rep6Pt 6f eause
rep6Pts te be m-ade in aeeordanee with this GOOe seetiOftt provided, however, that, wbefl:
the atteRdtmee ef the reporting pei'SOft 6ft a ehiltl is pUPSUftRt t6 the perfurmaRee f)( set'viees as a member ef the staff ef a hospital, seheel, 86ei8l agency;- 6f similM facility, be shall notify the pei'SOft in ehMge ef the faeility er ftis designated delegate; -tm:tl sueh -pep86ft er ftis delegate sh-all rep6Pt 6f eause rep6Pts te be made in aeeePdaRee with this G00e seetiotr. Any 6tfter pei'SOft htwing eause te believe that a ehiltl has had physie8l ifl:jtiey 6f injuries iftflieted up6ft him by a parent 6f earetaker by ether th8:n aeeideRtal ffte8:ft8; has beeR Regleeted 6f expleited by tt parent 6f earetalier, er has beeR sexually assaulted er sexually exploited m-ay rep6Pt 6f eause rep6Pts te be m-ade iD aeeerdtmee with tftis G00e seetiotr. Fer purpeses ef tftis subseetien, a ehild is sexually exploited wbefl: the eflild!s pareRt 6f eltfetaker ttllews, permits, eReeurages, er f'etlUipes sueh ehiltl te eRgage in prostitution, as defined in GOOe SeetiOR !6-6-9, 6f ttllews, permits, eReeurages, 6f
requires sueh ehild t6 eRgage in sexually exJ*ieit eORduet fer the put'p6Se ef predueing
tmy viswtl er print medium depieting sueh eooduet, as defined iD GOOe SeetiOR 16 12 100.
~ used !!! this Code section, the term:
(I) 'Abused' means subjected 1Q child abuse. (2) 'Child' means !!!!}' person under 18 years Qf ~ (3) 'Child abuse' means:
(A) Any physical injury Q!: death inflicted upon !! child Q.y !! parent Q!: caretaker thereof Q.y other than accidental means;
(B) Neglect Q!: exploitation Qf!! child Q.y!! parent Q!: caretaker thereof; (C) Sexual assault Qf!! child; Q!:

1154

JOURNAL OF THE HOUSE,

(D) Sexual exploitation Qf l! child.
(4) 'Sexual exploitation' means conduct hY l! child's parent or caretaker who

allows, permits, encourages, Q! requires that child !Q engage in:

(A) Prostitution, ~ defined !!! Code Section 16-6-9; Q!

(B) Sexually explicit conduct for the purpose Qf producing !!!!Y visual Q! print

medium depicting such conduct,~ defined!!! Code Section 16-12-100.

(c) (1) The following persons who are 18 years Qf ~ Q! over and who have reason-

able cause !Q believe that l! child has been abused shall report Q! cause reports Qf that

abuse !Q be made ~ provided !!! this Code section:

(A) Physicians licensed !Q practice medicine, interns, Q! residents;

(B) Hospital Q! medical personnel;

(C) Dentists;

(D) Licensed psychologists and persons participating in internships !Q obtain

licensing pursuant !Q Chapter 39 Qf Title f t

(E) Podiatrists;

(F) Registered professional nurses Q! licensed practical nurses licensed pursuant
!Q Chapter 24 Qf Title ft

(G) Professional counselors, social workers, Q! marriage and family therapists
licensed pursuant !Q Chapter lOA Qf Title ft

(H) Schoolteachers;

(I) School administrators;

(J) School guidance counselors, visiting teachers, school social workers, Q! school

psychologists certified pursuant !Q Chapter ~ Qf Title ~

(K) Child welfare agency personnel, ~ that agency !! defined pursuant !Q Code

Section 49-5-12;

(L) Child service organization personnel; Q!

(M) Law enforcement personnel.

~ l! person !_ required !Q report abuse pursuant !Q this subsection because that

person attends !Q l! child pursuant !Q such person's duties ~ l! member Qf the staff

Qf l! hospital, school, social agency, Q! similar facility, that person shall notify the ~

son !!! charge Qf the facility, Q! the designated delegate thereof, and the person ~

notified shall report Q! cause l! report !Q be made !!! accordance with this Code sec-

tion.

(d) Any other person who !_ 18 years Qf ~ Q! over, other than one specified~ sub-

section (c) Qf this Code section, who has reasonable cause !Q believe that l! child !_

w abused shall report Q! cause reports !Q be made ~ provided !!! this Code section.

fet

An oral report shall be made as soon as possible by telephone or otherwise

and followed by a report in writing, if requested, to a child welfare agency providing

protective services, as designated by the Department of Human Resources, or, in the

absence of such agency, to an appropriate police authority or district attorney. If a

report of child abuse, selttlftl !ISSfttllt; ef' selttlftl explaitation is made to the child welfare

agency or independently discovered by the agency, and the agency has reasonable cause

to believe such report is true, then the agency shall immediately notify the appropriate

police authority or district attorney. Such reports shall contain the names and addresses

of the child and his parents or caretakers, if known, the child's age, the nature and

extent of the child's injuries, including any evidence of previous injuries, and any other

information that the reporting person believes might be helpful in establishing the cause

of the injuries and the identity of the perpetrator. Photographs of the child's injuries

to be used as documentation in support of allegations by hospital staff, physicians, law

enforcement personnel, school officials, or staff of legally mandated public or private

child protective agencies may be taken without the permission of the child's parent or

guardian; provided, however, that any photograph taken pursuant to this Code section

shall, if reasonably possible, be taken in a manner which shall not reveal the identity

of the subject. Such photograph shall be made available as soon as possible to the chief

welfare agency providing protective services and to the appropriate police authority.

W ill Any person or persons, partnership, firm, corporation, association, hospital, or

other entity participating in the making of a report or causing a report to be made to

WEDNESDAY, FEBRUARY 14, 1990

1155

a child welfare agency providing protective services or to an appropriate police authority pursuant to this Code section or any other law or participating in any judicial proceed-
ing or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such
participation pursuant to this Code section or any other law is made in good faith. Any person making a report, whether required by this Code section or not, shall be immune
from liability as provided in this subsection. (g) Suspected child abuse which ~ required !Q be reported .Qy !!!!,Y person pursuant
!Q this Code section shall be reported notwithstanding that the reasonable cause !Q believe such abuse has occurred Q! ~ occurring ~ based !!!_ whole Q! !!!_ part upon !!!!.Y communication !Q that person which ~ otherwise made privileged Q! confidential .Qy law.
W fhl_ Any person or official required by subsection (c) Qf this Code section to
report a suspected case of child abuse who knowingly and willfully fails to do so shall be guilty of a misdemeanor.
(i) Any person required .Qy subsection @ Qf this Code section !Q report !! suspected case Qf child abuse who knowingly and willfully fails !Q do ~ shall not be subject !Q !!!!.Y civil Q! criminal liability for that failure alone but shall be subject !Q ~ civil penalty
Qf $500.00 for each such violation Qf said subsection. A!!Y such civil penalty shall be
imposed .Qy the Department Qf Human Resources only after notice and hearing ~ .P!Q:
vided !!! Article !_ Qf Chapter _ Qf Title 31. A!!Y person Q! facility subject !Q !! civil pen;illy under this subsection ~ entitled !Q judicial review !!! accordance with Article !_ Qf
Chapter_ Qf Title 31. All civil penalties recovered .Qy the department under this subsection shall be paid into the state treasury."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and lost:

Representative Davis of the 72nd moves to amend HB 1316 as follows: Delete Lines 20 thru 26 on page 6.

Representatives Childers of the 15th and Watts of the 41st move to amend the Committee substitute to HB 1316 as follows:
By striking Lines 17 and 18 in its entirety on page 3 and renumber Section (C) and (D) accordingly.

Representative Poston of the 2nd moves to amend the Committee substitute to HB 1316 as follows:
On Page 5, strike lines 3-7.

The following amendments were read and adopted:

Representative Smyre of the 92nd, et a!. move to amend the Committee substitute to HB 1316 as follows:
Delete the word "reasonable" line 5, page 5 and insert in lieu thereof the word:
"actual".

Representative Smith of the 152nd moves to amend the Committee substitute to HB 1316 by striking from line 16 of page 3 the following:
"means;",
and inserting in lieu thereof the following:

1156

JOURNAL OF THE HOUSE,

"means; provided, however, that traditional forms of discipline, including, but not lim-

ited !Q, spanking Q! paddling, shall not be deemed !Qbe child abuse.

- - --

The following amendment was read and withdrawn:

Representatives Twiggs of the 4th and Dover of the 11th move to amend HB 1316 as follows:
Add after "injury" on line 13 page 3 the following:
"other than reasonable disciplinary punishment".

The following amendment was read:

Representative Groover of the 99th moves to amend the Committee substitute to HB 1316 as follows:
By striking the word "shall" on Line 6, page 5 and inserting in lieu thereof the word "may" and by striking Lines 32 page 6 through Line 11 page 7.

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 Allen
Y Athon N Atkins Y Bailey
N Baker Y Balkcom N Bannister
N Barfoot Y Bargeron N Barnett,B N Barnett,M
Y Bates Y Beck Y Benefield
Y Benn N Birdsong N Bishop
N Bostick Y Branch
N Breedlove N Brooks Y Brown N Buck Y Buford Y Byrd
Y Campbell Y Carrell N Carter N Chambless Y Chance N Cheeks

N Childers Y Clark,B
Clark,H Y Clark,L Y Coleman Y Colwell N Connell Y Couch Y Crawford
Crosby N Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S N Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart N Felton Y Fennel Y Floyd,J.M N Floyd,J.W Y Foster y Godbee N Goodwin
Green N Greene N Gresham Y Griffin Y Groover N Hamilton Y Hanner

Y Harris
N Hasty Y Heard
N Herbert Y Holcomb
Y Holland Y Holmes N Hooks Y Howren Y Hudson N Irwin N Isakson N Jackson,J Y Jackson,W N Jamieson Y Jenkins Y Johnson N Jones Y Kilgore Y Kingston Y Lane,D YLane,R Y Langford Y Lawrence
N Lawson YLee Y Linder Y Long Y Lord Y Lucas N Lupton YMangum N Martin Y McCoy N McDonald N McKelvey

Y McKinney,B
Y McKinney,C
Y Meadows YMilam N Mobley Y Moody
N Morton Y Moultrie
Y Mueller Y Oliver,C N Oliver,M N Orr
N Orrock Y Padgett N Pannell
YParham Y Parrish N Patten
Pettit Y Pinkston N Poag N Porter Y Poston Y Powell y Randall N Ransom YRay
Y Reaves Y Redding
N Richardson Y Ricketson N Robinson y Royal N Selman N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 98, nays 74. The amendment was adopted.

The following amendment was read and adopted:

Y Smith,L N Smith,P
Y Smith,T N Smith,W N Smyre YSnow
N Stancil,F N Stancil,S Y Stanley
Y Steele N Stephens Y Streat N Teper NThomas,C Y Thomas,M NThompson
NThurmond Y Titua N Tolbert Y Townsend Y Twiggs N Vaughan Y Waddle
Walker,C Y Walker,L NWall NWare Y Watson Y Watts N White N Wilder NWilliams,B
Williams,J
Y Yates Y Yeargin
Murphy,Spkr

WEDNESDAY, FEBRUARY 14, 1990

1157

Representative Mueller of the 126th moves to amend the Committee substitute to HB 1316 as follows:
Line 22 page 6 delete the word "reasonable" and insert the word "actual".

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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs
Y Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
Y McKinney,C Y Meadows
YMilam Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Y Pinkston Y Poag
Y Porter Y Poston N Powell y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts Y White YWilder Y Williarns,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 173, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The Speaker Pro Tern assumed the Chair.

HB 1546. By Representatives Byrd of the 153rd and 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 delete references to certain campsite time-share programs and the requirements and procedures relating thereto; to delete references to instruments, statements, and time-share programs involving campsites.

1158

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford NAllen Y Athon Y Atkins
Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B
Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby
Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon,S Y Dobbs Y Dover NDunn
Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W 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
Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R
Langford
Y Lawrence Y Lawson Y Lee
Y Linder Y Long
Y Lord Lucas
Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody
Y Morton Moultrie
Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Pettit Pinkston Y Poag Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Y Resves 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 Streat Y Teper YThomas,C YThomas,M Y Thompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall
YWare Y Watson Y Watts Y White YWilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 2. The Bill, having received the requisite constitutional majority, was passed.

SR 315. By Senator Dawkins of the 45th:
A resolution urging the United States Congress and the United States Department of Labor to explore legislative and regulatory alternatives which will provide adequate administrative funds for employment and unemployment programs in Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon
Y Atkins Y Bailey Y Baker

Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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

YCampbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L

YColeman
Y Colwell Connell
Y Couch Y Crawford Y Crosby
Cummings,B Y Cummings,M Y Davis,C Y Davis,G

WEDNESDAY, FEBRUARY 14, 1990

1159

Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin
Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty
Y Heard Y Herbert

Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson 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 Y Lee Y Linder Y Long Y Lord
Lucas

Y Lupton YMangum
Martin Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Pettit Pinkston

YPoag
Y Porter Y Poston Y Powell
Randall Y Ransom YRay
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Y Smith,T Smith,W Smyre
YSnow Y St.ancil,F
Y St.ancil,S Y Stanley Y Steele

Y Stephens Y Streat Y Teper
Thomas,C YThomas,M Y Thompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C
Walker,L Y Wall
YWare Y Watson Y Watta y White
Y Wilder YWilliams,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.

HB 1337.

By Representatives Jackson of the 83rd and Harris of the 84th:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of Chapter 6 concerning the uniform rules of the road, so as to provide that under certain circumstances said chapter shall apply to vehicles operated on private property on which at least 100 private homes and at least two miles of streets or roads are located.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 1337 as follows:
Page 1 : line 19
Strike the word "and" and insert the word "or".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams
Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B

Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks YBrown Y Buck Y Buford Y Byrd

Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford

Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davia,M
Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards YEhrhart Y Felton
Fennel

Y Floyd,J.M
Y Floyd,J.W Y Foster
Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffm Y Groover Y Hamilton
Hanner YHarris Y Hasty Y Heard

1160

JOURNAL OF THE HOUSE,

Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence

Y Lawson Y Lee
Y Linder NLong Y Lord 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 Morton
Moultrie Y Mueller

Y Oliver,C Oliver,M
Y Orr Y Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten
Pettit Pinkston YPoag Y Porter Y Poston Y Powell y Randall Y Ransom YRay Y Reaves y Redding
Y Richardson

Ricketson Y Robinson y Royal
Y Selman Y Simpson
Sinkfield Y Smitb,L Y Smith,P Y Smith,T
Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Y Stauley
Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M

Y Thompson YThurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker,C
Y Walker,L Y Wall YWare
Watson Y Watts Y White Y Wilder Y Williarns,B
Williama,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1498 Do Pass HB 1616 Do Pass
Respectfully submitted,
Is/ Thomas of the 69th
Chairman

Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 28 Do Pass, as Amended
Respectfully submitted,
Is/ Cummings of the 17th
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

WEDNESDAY, FEBRUARY 14, 1990

1161

Your Committee on Ways & Means has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1660 Do Pass, by Substitute HR 836 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

1162

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 15, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Aaron
Adams Aiken Alford Allen Atbon Atkins Bailey
Baker
Bannister Barfoot Bargeron Barnett,B Barnett,M
Bates Beck Benefield Benn Bishop Bostick
Branch Breedlove Brooks Buck Buford Byrd
Campbell Carrell Carter Chambless Chance Cheeks

Childers
Clark,B Clark,H Clark,L Colwell Connell Couch Crawford Crosby Cummings,B Cummings,M Davis,C Davis,G Davis,M Dixon,H Dixon,S Dobbs
Dover Dunn Edwards
Ehrhart Floyd,J.M. Floyd,J.W. Foster Godbee Goodwin
Green
Greene Gresham Griffin Groover Hamilton

Harris Hasty Heard Holcomb Holland Hooks
Howren Hudson Irwin Jackson,J Jackson,W
Jamieson
Jenkins
Jones Kilgore Kingston Lane,D Lane,R Langford
Lawrence
Lawson Lee Linder Long Lord Lucas Lupton Mangum
Martin McCoy McKelvey

McKinney,B
McKinney,C
Meadows Milam Mobley Morton Moultrie Mueller Oliver,C Oliver,M Orr Orrock Padgett Pannell Parham Parrish Patten Pettit Poag
Porter
Poston Powell Randall
Ransom
Reaves Redding Ricketson
Robinson Royal Selman Simpson

Sinkfield Smith,L Smith,P
Smith,T Smith,W
Snow Stancil,F Stancil,S
Steele Stephens Streat Teper Thomas,C Thomas,M Thompson Thurmond Titus Tolbert
Townsend Twiggs
Vaughan Waddle Wall Ware Watson Watts Wilder Williams,B Williams,J Yates Yeargin

Prayer was offered by the Reverend J. Zachary Farr, Pastor, Lawrenceville Road United Methodist Church, Tucker, Georgia.

Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

THURSDAY, FEBRUARY 15, 1990

1163

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:

HB 1882. 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 of Fayette County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1883. 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.

HB 1884. 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 of Fayette County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1885. 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 of Fayette County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1886. By Representative Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Clinch County, so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman; to change the limits within which the board may fix the salaries of members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1887. By Representative Crosby of the 150th:
A bill to amend an Act creating the office of commissioner of road and revenues in the County of Atkinson, so as to change the compensation of the chairman and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1888. By Representative Bostick of the 138th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Annotated, relating to the expenditure of county funds for insurance and employment benefits, so as to provide that, if the governing authority of a county provides and expends county funds for employment benefits for members of the county governing authority, such employment benefits shall be provided or made available to elected county officers and their personnel.
Referred to the Committee on State Planning & Community Affairs.

1164

JOURNAL OF THE HOUSE,

HB 1889. By Representative Bostick of the 138th:
A bill to amend Chapter 3 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to provide for the establishment of the Georgia Agrirama Development Authority Overview Committee and its composition and powers.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1890. By Representatives Tolbert of the 58th and Yates of the 75th:
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 prohibit a merchant from requiring the home address, telephone number, or other personal information of a holder of a financial transaction card in writing on a record of sale.
Referred to the Committee on Industry.

HB 1891. By Representative Breedlove of the 60th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1892. By Representatives Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Connell of the 87th and Cheeks of the 89th:
A bill to amend an Act relating to the Civil Court of Richmond County, so as to change the maximum civil jurisdictional amount of the court.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 862. By Representative Yeargin of the 14th:
A resolution creating the Joint Study Committee on Jail Financing in Georgia.
Referred to the Committee on State Planning & Community Affairs.

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 1893. By Representatives Steele of the 97th, Dobbs of the 74th, Heard of the 43rd, Foster of the 6th and Kilgore of the 42nd:
A bill to amend Code Section 40-6-203 of the Official Code of Georgia Annotated, relating to stopping, standing, or parking motor vehicles in certain places, so as to provide that no persons shall stop, stand, or park a truck tractor towing a two-axle trailer of four or more wheels, or any such trailer alone, on the right of way of certain highways.
Referred to the Committee on Motor Vehicles.

THURSDAY, FEBRUARY 15, 1990

1165

HB 1894. By Representatives Steele of the 97th, Dobbs of the 74th, Foster of the 6th, Meadows of the 91st, Heard of the 43rd and others:
A bill to amend Code Section 40-8-24 of the Official Code of Georgia Annotated, relating to reflectors on motor vehicles, so as to provide that reflective material of a certain size be placed on certain trailers.
Referred to the Committee on Motor Vehicles.

HB 1895. By Representatives Steele of the 97th, Dobbs of the 74th, Heard of the 43rd, Kilgore of the 42nd and Meadows of the 91st:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits, so as to provide that the maximum speed limit for a truck tractor towing a two-axle trailer of four wheels or more shall be 55 miles per hour on a highway on the federal interstate system in all circumstances.
Referred to the Committee on Motor Vehicles.

HB 1896. By Representatives Steele of the 97th, Dobbs of the 74th, Foster of the 6th and Kilgore of the 42nd:
A bill to amend Code Section 40-6-49 of the Official Code of Georgia Annotated, relating to motor vehicles following too closely, so as to provide minimum intervals between a truck tractor towing a two-axle trailer of four or more wheels and other vehicles under certain circumstances.
Referred to the Committee on Motor Vehicles.

HB 1897. By Representative Smith of the 78th:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Lamar County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1898. By Representative Carrell of the 65th: A bill to provide a new charter for the City of Good Hope.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1899. By Representative Dobbs of the 74th:
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 change a certain definition; to provide for a lien for suppliers of rental tools, appliances, machinery, and equipment used to improve real estate.
Referred to the Committee on Special Judiciary.

HB 1900. By Representatives Hudson of the 117th and Childers of the 15th:
A bill to amend Article 2 of Chapter 34 of Title 43 of"the Official Code of Georgia Annotated, relating to physicians, so as to prohibit certain charges for services relating to X-rays under certain conditions.
Referred to the Committee on Health & Ecology.

1166

JOURNAL OF THE HOUSE,

HB 1901. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to change the provisions relating to the expense allowance of the chairman and other members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1902. By Representatives Clark of the 20th, Vaughan of the 20th, Aiken of the 21st, Howren of the 20th, Ehrhart of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain titles; to provide for a definition; to delete certain obsolete provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1903. By Representatives Clark of the 20th, Vaughan of the 20th, Aiken of the 21st, Howren of the 20th, Ehrhart of the 20th 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.

HB 1904. 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 unification of the existing governments of the City of Athens and Clarke County; to provide for the creation of the unified government of Athens-Clarke County, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1905. By Representative Stancil of the 66th:
A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the compensation and expenses of the chairman, vice-chairman, and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1906. By Representatives Murphy of the 18th, Chambless of the 133rd, Lee of the 72nd, Walker of the 115th and Connell of the 87th:
A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the selection and qualification of candidates, so as to provide for mandatory drug testing for persons seeking to qualify for nomination or election to certain state offices.
Referred to the Committee on Rules.

HB 1907. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd:
A bill to amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of Whitfield County and creating a board of commissioners of Whitfield County, so as to prohibit certain actions by the members of said board, the comptroller, and the county engineer.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 15, 1990

1167

HB 1908. By Representatives Isakson of the 21st, Clark of the 20th, Gresham of the 21st, Wilder of the 21st, Aiken of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1909. By Representatives Isakson of the 21st, Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Wilder of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1910. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd:
A bill to provide for continued insurance coverage for certain former members of the board of commissioners of Whitfield County, certain former county officers of Whitfield County, and certain spouses and eligible dependents thereof.
Referred to the Committee on State Planning & Community Affairs- Local.

HB 1911. By Representatives Snow of the 1st, McCoy of the 1st, Dunn of the 73rd, Crawford of the 5th, Coleman of the 118th and others:
A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over offenders and designation of places of confinement, so as to change the provisions relating to reimbursement to counties for the cost of incarceration of certain inmates.
Referred to the Committee on State Institutions & Property.

HB 1912. By Representatives Abernathy of the 39th, Morton of the 47th, Crosby of the 150th, Dixon of the 151st and Dunn of the 73rd:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, and to amend Chapter 26 of Title 33 of the Official Code of Georgia Annotated, relating to industrial life insurance, so as to prohibit the writing, offering for sale, or delivery of life insurance policies or industrial life insurance policies when the aggregate amount of premiums to be paid on such policies exceeds 100 percent of the total amount of benefits payable on such policies in any municipality with a population of 65,000 or more.
Referred to the Committee on Insurance.

HB 1913. By Representatives Steele of the 97th, Dobbs of the 74th and Meadows of the 91st:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to amend Chapter 2 of said title, relating to organization of the Public Service Commission; to provide for transportation law enforcement officers.
Referred to the Committee on Industry.

1168

JOURNAL OF THE HOUSE,

HB 1914. By Representative Buford of the 103rd:
A bill to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to change the eligibility requirements for the adjutant general.
Referred to the Committee on Defense & Veterans Affairs.

HR 865. By Representative Reaves of the 147th:
A resolution urging the Congress of the United States to extend the federal excise tax exemption for ethanol blended motor fuel.
Referred to the Committee on Ways & Means.

HR 866. By Representatives Redding of the 50th, McKelvey of the 15th, Tolbert of the 58th and Dunn of the 73rd:
A resolution urging the State Board of Education to adopt a plan to make local school systems aware of the danger of radon gas and to urge local school systems to test for the presence of radon gas in school facilities.
Referred to the Committee on Education.

HR 872. By Representatives Dixon of the 128th, Watts of the 41st, Dover of the 11th, Colwell of the 4th, Cummings of the 17th and others:
A resolution creating the Joint Abortion 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 1870 HB 1871 HB 1872 HB 1873 HB 1874 HB 1875 HB 1876 HB 1877 HB 1878 HB 1879 HB 1880 HB 1881
HR 847 HR 848

HR 849 HR 850 HR 860 HR 861 SB 389 SB 413 SB 442 SB 500 SB 524 SB 547 SB 561 SB 655 SB 683

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 947 Do Pass, by Substitute SB 628 Do Pass, as Amended SB 229 Do Pass, by Substitute

HB 1414 Do Pass, by Substitute HB 1552 Do Pass, by Substitute HB 1742 Do Pass, by Substitute

THURSDAY, FEBRUARY 15, 1990

1169

Respectfully submitted,
Is/ Childers of the 15th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1790 Do Pass HB 1158 Do Pass SB 566 Do Pass
Respectfully submitted, /s/ Watson of the 114th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1617 Do Pass, by Substitute SB 462 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Jackson of the 83rd District, Secretary of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

SB 594 Do Pass SB 595 Do Pass SB 593 Do Pass HB 1630 Do Pass, by Substitute

HB 1259 Do Pass, as Amended HB 1581 Do Pass HB 1673 Do Pass

Respectfully submitted, /s/ Jackson of the 83rd
Secretary

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

1170

JOURNAL OF THE HOUSE,

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 1851 Do Pass HB 1856 Do Pass HB 1857 Do Pass HB 1860 Do Pass HB 1862 Do Pass HB 1863 Do Pass HB 1855 Do Pass

HB 1859 Do Pass HB 1861 Do Pass SB 590 Do Pass SB 685 Do Pass HB 1829 Do Pass HB 1853 Do Pass HB 1858 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 THURSDAY, FEBRUARY 15, 1990

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:

HB 141 HB 842 HB 1323 HB 1498 HB 1521 HB 1609 HB 1616 HB 1622 HB 1629 HB 1665 HB 1678 HB 1754

Superior Courts; Judges' Secretaries; Salary AIDS; Certain Persons; Disclosure of Confidential Information State Medical Examiner; Provide Office; Coroners; Requirements Appeals; Judgment $10,000 or Less; Amend Provisions Educators; Certain Designated Crimes; Reporting Requirements Accident and Sickness Insurance; Coverage Mutual Agreement Youthful Offenders; Place of Detention; Change Facilities Commercial Veh.; Reg.; Reciprocal Agreement With Other States Taxidermists; Record Requirements; Licensing Special Lie. Plates; Supreme Ct. Justices/Ct. of Appeals Judges Prepaid Limited Health Serv. Organization Act; Provide Metropolitan Atlanta Olympic Games Authority; Amend Prov.

HR 588 Emergency Management Rescue Specialists; Indemnification-CA (Rec) HR 763 Education Trust Fund; Tuition Assistance; Advance Payment - CA HR 778 Joint Study Comm. on Hazardous Waste Management; Create HR 779 Glynn County; Grant Easement HR 836 Ad Valorem Tax; Assess Property At Current Use Value- CA

SB 533 Comprehensive Solid Waste Management Act; Provide

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /sf 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:

THURSDAY, FEBRUARY 15, 1990

1171

HB 1855. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to provide a homestead exemption from all Douglas County School District ad valorem taxes for educational purposes of 50 percent of the assessed value of such homestead to certain residents of the Douglas County School District who are disabled or who are 65 years of age or over but less than 70 years of age, regardless of income.

The report of the Committee, which was favorable to the passage of 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 Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch 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 Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee 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 YHooks Y Howren Y Hudson
Irwin Iaakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Johnson Y Jones Y Kilgore Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Lee Y Linder y Long
Y Lord 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Porter Y Poston Y Powell
Randall Y Ransom
Ray Reaves
Redding Y Richardson Y Ricketson Y Robinson y Royal y Selman
Simpson
Sinkfield

Y Smith,L Y Smith,P
Smith,T YSmith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele
Stephens Y Streat Y Teper
Thomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker,C Walker,L Y Wall YWare Y Watson Y Watts White Wilder YWilliams,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 two-thirds constitutional majority, was passed.

HB 1859. By Representatives Kilgore of the 42nd and Simpson of the 70th:
A bill to provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of Douglas County who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

1172

JOURNAL OF THE HOUSE,

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H
Clark,L Coleman YColwell Y Connell Y Couch 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 Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
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 YHooks Y Howren Y Hudson
Irwin Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Johnson Y Jones Y Kilgore Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence
Y Lawson Lee
Y Linder Y Long Y Lord
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parriah Y Patten Y Pettit
Pinkston YPoag
Porter Y Poston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson y Royal
YSelman Simpson
Sinkfield

Y Smith,L Y Smith,P
Smith,T YSmith,W
Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
Y Steele Stephens
Y Streat Y Teper
Thomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vanghan Y Waddle
Walker,C Walker,L Y Wall YWare Y Watson Y Watts White
Wilder YWilliams,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 two-thirds constitutional majority, was passed.

HB 1861.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $6,000.00 of the assessed value of such homestead for certain residents of Douglas 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 Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Bannister Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Clark,B

Y Clark,H Clark,L Coleman
Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Curnmings,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

YEhrhart Felton Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Goodwin YGreen Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harria Y Hasty Y Heard Y Herbert

Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson
Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston YLane,D Y Lane,R Y Langford

THURSDAY, FEBRUARY 15, 1990

1173

Y Lawrence Y Lawson
Lee Y Linder Y Long
Y Lord Lucas
Y Lupton YMangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows Y Milam

Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag

Porter
Y Poston Y Powell
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

Smith,T Y Smith,W
Smyre YSnow Y Stancii,F Y Stancii,S
Stanley Y Steele
Stephens Y Streat Y Teper
Thomas,C YThomas,M Y Thompson
Thurmond Y Titus Y Tolbert

YTownsend Twiggs
Y Vaughan
Y Waddle Walker,C Walker,L
Y Wall YWare Y Watson
Y Watts White Wilder
YWilliams,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 two-thirds constitutional majority, was passed.

HB 1829.

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.

The report of the Committee, which was favorable to the passage of 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 Allen
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Y Clark,H Clark,L Coleman
Y Colwell Y Connell
Y Couch 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 Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee 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
YHooks Y Howren
Y Hudson Irwin Isakson
Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore
Kingston Y Lane,D
Y Lane,R Y Langford
Y Lawrence Y Lawson
Lee Y Linder y Long
Y Lord Lucas
Y Lupton y Mangum
Y Martin Y McCoy
McDonald YMcKelvey

Y McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie
Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Porter Y Poston YPowell
Randall Y Ranaom
Ray
Y Reaves Redding
Y Richardaon Y Ricketson Y Robinson y Royal
YSelman Simpson
Sinkfield

On the passage of the Bill, the ayes were 139, nays 0.

Y Smith,L Y Smith,P
Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancii,S
Stanley Y Steele
Stephens Y Streat Y Teper
Thomas,C YThomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker,C Walker,L YWall YWare Y Watson Y Watts White Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin Murphy,Spkr

1174

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 1851.

By Representative Bannister of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Bannister Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates 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 Campbell
Y Carrell Y Carter
Chambless
Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch 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 Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee 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
Irwin Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Johnson Y Jones Y Kilgore Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence
Y Lawson Lee
Y Linder Y Long Y Lord
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 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 y Poag
Porter Y Poston
Y Powell Randall
YRansom Ray
Y Reeves Redding
Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Simpson Sinkfield

Y Smith,L
Y Smith,P Smith,T
Y Smith,W Smyre
YSnow Y Stancil,F Y Stanci~S
Stanley Y Steele
Stephens Y Streat Y Teper
Thomas,C YThomas,M Y Thompson
Thurmond Y Titus Y Tolbert YTownsend
Twiggs Y Vaughan Y Waddle
Walker,C Walker,L Y Wall YWare Y Watson Y Watts
White Wilder Y Williams,B YWilliams,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.

HB 1853.

By Representative Branch of the 137th:
A bill to provide for the composition of the Board of Education of Ben Hill County and for the election of the members of said board; to provide for their terms of office; to provide for electoral districts of 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

Y Aiken Y Alford Y Allen

Y Athon Y Atkins Y Bailey

Y Baker Balkcom Bannister

Barfoot Y Bargeron Y Barnett,B

THURSDAY, FEBRUARY 15, 1990

1175

Y Barnett,M Y Bates 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 YCampbell Y Carrell
Y Carter Chambless
Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch 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 Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee 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 YHooks Y Howren

Y Hudson Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore
Kingston Y Lane,D
Y Lane,R Y Langford
Y Lawrence
Y Lawson Lee
Y Linder Y Long Y Lord
Lucas Y Lupton YMangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows
YMilam Y Mobley Y Moody

Y Morton Y Moultrie
Y Mueller Y Oliver,C
Oliver,M Y Orr
Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Porter Y Poston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson y Royal
YSelman Simpson
Sinkfield YSmith,L Y Smith,P
Smith,T

YSmith,W Smyre
YSnow Y Stancii,F Y Stancii,S
Stanley Y Steele
Stephens Y Streat Y Teper
Thomas,C YThomas,M Y Thompson
Thurmond Y Titus Y Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L Y Wall YWare
Y Watson Y Watts
White
Wilder YWilliams,B Y Williams,J
Y Yatea Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1856. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating the office of the commissioner of Catoosa County, so as to provide for the compensation and allowances of the commissioner; to provide that the commissioner shall set the compensation of his staff.

The report of the Committee, which was favorable to the passage of 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 Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell
Y Carter Chambless
Y Chance Y Cheeks Y Childers Y Clark,B
Y Clark,H Clark,L Coleman
YColwell Y Connell Y Couch

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 Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green

Y Greene Gresham
YGriffm Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson
Irwin Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins

Johnson Y Jones Y Kilgore
Kingston
Y Lane,D YLane,R Y Langford Y Lawrence Y Lawson
Lee Y Linder YLong Y Lord
Lucas Y Lupton YMangum
Y Martin Y McCoy
McDonald Y McKelvey Y McKinney,B Y McKinney,C

1176

JOURNAL OF THE HOUSE,

Y Meadows Y Milam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell YParbam

Y Parrish Y Patten Y Pettit
Pinkston y Poag
Porter Y Poston Y Powell
Randall Y Ransom
Ray
Y Reaves Redding
Y Richardson

Y Ricketson Y Robinson y Royal
Y Sebnan Simpson Sinkfield
Y Smith,L Y Smith,P
Smith,T
YSmith,W Smyre
YSnow
Y Stancil,F Y Stancil,S

Stanley Y Steele
Stephens
Y Streat Y Teper
Thomas,C Y Thomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townaend
Twiggs Y Vaughan

Y Waddle Walker,C Walker,L
Y Wall
Y Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williama,J Y Yatee Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1857.

By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to provide that the compensation of the coroner and any staff of the coroner shall be set by the commissioner of Catoosa 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 Adama Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Chambless YChance
Y Cheeks

Y Childers Y Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummiugs,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 Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee 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
Hoboes YHooks Y Howren Y Hudson
Irwin Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Johnson Y Jones Y Kilgore Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Lee Y Linder y Long
Y Lord 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Porter Y Poston
Y Powell Randall
Y Ransom Ray
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson y Royal y Sebnan
Simpson 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 Streat Y Teper
Thomas,C YThomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker,C Walkar,L Y Wall
YWare Y Watson
Y Watts White Wilder
Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 15, 1990

1177

HB 1858.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to change the membership of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Bannister Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch 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 Fennel YFioyd,J.M Y Floyd,J.W Y Foster
Y Godbee 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 YHooks Y Howren Y Hudson
Irwin Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Johnson Y Jones Y Kilgore Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
Lee Y Linder y Long
Y Lord
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Porter Y Poston Y Powell
Randall Y Ranaom
Ray
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson y Royal
YSelman Simpson Sinkfield

Y Smith,L Y Smith,P
Smith,T Y Smith,W
Smyre YSnow Y Stancii,F Y Stancil,S
Stanley Y Steele
Stephens Y Streat Y Teper
Thomas,C YThomas,M Y Thompson
Thurmond Y Titus Y Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L
Y Wall YWare
Y Watson Y Watts
White Wilder YWilliams,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.

HB 1860.

By Representatives Richardson of the 52nd, Redding of the 50th, Williams of the 48th, Aaron of the 56th, Lawrence of the 49th and others:
A bill to amend an Act providing for the deferral of City of Decatur ad valorem taxes for certain elderly persons, so as to change a condition of eligibility for the deferral.

The report of the Committee, which was favorable to the passage of 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 Allen Y Athon Y Atkins

Y Bailey Y Baker
Balkcom Bannister

Barfoot Y Bargeron Y Barnett,B Y Barnett,M

Y Bates Y Beck Y Benefield Y Benn

1178

JOURNAL OF THE HOUSE,

Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Chambless YChance Y Cheeks Y Childers Y Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch 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 YEhrhart Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
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 YHooks Y Howren Y Hudson
Irwin
Isakson

Y Jackson,J
Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson Lee
Y Linder YLong Y Lord
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 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 y Poag
Porter Y Poston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson y Royal
YSelman Simpson Sinkfield
Y Smith,L Y Smitb,P
Smith,T Y Smith,W

Smyre
YSnow Y Staocil,F Y Staocil.S
Stanley Y Steele
Stephens Y Streat Y Teper
Tbomas,C YTbomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan YWaddle
Walker,C Walker,L Y Wall YWare Y Watson Y Watts
White Wilder Y Williams,B YWilliams,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.

HB 1862. By Representatives Barfoot of the 120th, Byrd of the 153rd and Moody of the 153rd:
A bill to provide for the membership of the Toombs County Development Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Bannister Barfoot Y Bargeron Y Bamett,B Y Barnett,M YBates 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 Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks
Y Childers Y Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch 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 Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee 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 YHooks Y Howren Y Hudson
Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston Y Lane,D YLane,R Y Langford
Y Lawrence

Y Lawson
Lee Y Linder y Loug
Y Lord Lucas
Y Lupton y Mangum
Y Martin Y McCoy
McDonald Y McKelvey
Y McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley YMoody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr

THURSDAY, FEBRUARY 15, 1990

1179

Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag
Porter Y Poston YPowell

Randall Y Ransom
Ray
Y Reaves Redding
Y Richardson Y Ricketeon Y Robinson Y Royal Y Selman
Simpson Sinkfield

Y Smitb,L Y Smith,P
Smith,T YSmith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele
Stephens Y Streat

Y Teper Thomas,C
YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle
Walker,C

Walker,L Y Wall YWare
Y Wateon Y Watta
White Wilder
YWilliams,B Y Williams,J Y Yatea Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 139, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1863.

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 establishing a City Court in the County of Clarke, so as to change the compensation of the Solicitor of the court; to make the Solicitor a full-time Solicitor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Batea 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 Campbell
Y Carrell Y Carter
Chambless YChance Y Cheeks

Y Childers
Y Clark,B
Y Clark,H Clark,L Coleman
YColwell Y Connell
Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M YDixon,H Y Dixon,S Y Dobbs Y Dover
Dunn Edwards YEhrhart Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Goodwin YGreen Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

YHarris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes
YHooks Y Howren Y Hudson
Irwin Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Johnson Y Jones Y Kilgore Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
Lee Y Linder Y Long Y Lord
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 Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOn Y Onock Y Padgett Y Pannell
YParharn Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter Y Poston YPowell
Randall YRanaom
Ray
Y Reaves Redding
Y Richardson Y Ricketeon Y Robinson y Royal
YSelman Simpson Sinkfield

Y Smith,L Y Smith,P
Smith,T YSmith,W
Smyre YSnow Y Stancii,F Y Stancil,S
Stanley Y Steele
Stephens Y Streat Y Teper
Thomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L Y Wall YWare Y Wateon Y Watta White Wilder Y Williarns,B Y Williams,J Y Yatea 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.

1180

JOURNAL OF THE HOUSE,

SB 590. By Senator Tysinger of the 41st:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to provide for a code of ethics for the members of the governing authority of DeKalb 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 Y Alford
Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter
CharnbleBB Y Chance Y Cheeks

Y Childers Y Clark,B
Y Clark,H Clark,L Coleman
Y Colwell Y Connell Y Couch 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 Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee 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 YHooks Y Howren Y Hudson
Irwin Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Jolmson
Y Jones Y Kilgore
Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson
Lee Y Linder y Long
Y Lord
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett
Y Pannell YParharn Y Parrish Y Patten Y Pettit
Pinkston y Poag
Porter Y Poston
Y Powell Randall
Y Ransom Ray
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Simpson Sinkfield

Y Smith,L Y Smitb,P
Smith,T Y Smitb,W
Smyre YSnow Y Stancii,F Y Stancii,S
Stanley
Y Steele Stephens
Y Streat Y Teper
Thomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan YWaddle
Walker,C Walker,L Y Wall YWare Y Watson Y Watts White Wilder .Y Williarns,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 685. By Senator Bowen of the 13th:
A bill to amend an Act placing the sheriff of Irwin County on a salary system of compensation in lieu of the fee system so as to change the provisions relating to the compensation of the deputy sheriffs employed by the sheriff of Irwin County; to provide for the appointment of deputy sheriffs 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 roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams

Y Aiken Y Alford Y Allen

Y Athon Y Atkins Y Bailey

Y Baker Balkcom Bannister

Barfoot Y Bargeron Y Barnett,B

THURSDAY, FEBRUARY 15, 1990

1181

Y Barnett,M Y Bates 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 Camphell Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch 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 Fennel Y Floyd,J.M YFloyd,J.W Y Foster Y Godhee Goodwin Y Green Y Greene Gresham Y Griffin
Y Groover Y Hamilton Y Hanner YHarris Y Hasty Y Heard Y Herhert Y Holcomb Y Holland
Holmes Y Hooks Y Howren

Y Hudson
Irwin Isakson Y Jackaon,J Y Jackson,W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore
Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson
Lee Y Linder Y Long Y Lord
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit
Pinkston YPoag
Porter Y Poeton Y Powell
Randall Y Ranaom
Ray Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson y Royal y Selman
Simpson Sinkfield Y Smith,L Y Smith,P Smith,T

YSmith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele
Stephens Y Streat Y Teper
Thomas,C YThomas,M
Y Thompson Thurmond
Y Titua Y Tolhert Y Townsend
Twiggs
Y Vaughan YWaddle
Walker,C Walker,L YWall YWare Y Watson Y Watts White Wilder YWilliams,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.

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 681. By Senator Dawkins of the 45th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the composition of the board; to provide for the registration of land surveying firms, corporations, and other entities; to change the provisions under which registrants may use a seal.

SB 687. By Senators Scott of the 2nd and Edge of the 28th:
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 the governing authorities of counties and municipal corporations may sell or grant real and personal property to the State of Georgia.

SB 698. By Senator Garner of the 30th:
A bill to amend Chapter lOA 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 qualifications of certain supervisors.

1182

JOURNAL OF THE HOUSE,

SB 700. By Senator Brannon of the 51st:
A bill to amend Code Section 40-8-73.1, relating to the affixing to motor vehicles of materials which reduce light transmission through windows or windshields, so as to exempt from the requirements of said Code section certain motor vehicles owned or leased by a licensed funeral director or funeral establishment and used for the purpose of transporting dead bodies in connection with the business of the funeral director or funeral establishment.

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.

HB 1159.

By Representative Watson of the 114th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Georgia Residential Finance Authority Act," so as to change the definition of a certain term; to define additional terms; to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the Georgia Residential Finance Authority.

HB 1167.

By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the Secretary of State to prescribe the form of certain pauper's affidavits and certain municipal pauper's affidavits; to change certain provisions relating to certification of political party candidates.

HB 1235. By Representatives Cheeks of the 89th and Kilgore of the 42nd:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.

HB 1351.

By Representatives Royal of the 144th, Chambless of the 133rd, Dover of the 11th, Holland of the 136th; Reaves of the 147th and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that employers of farm laborers may elect to provide coverage for individuals employed as farm laborers; to provide for notices to be filed with the State Board of Workers' Compensation; to authorize the State Board of Workers' Compensation to provide the manner and form of such notices.

HB 1595. By Representatives Jackson of the 9th, Barnett of the lOth and Kilgore of the 42nd:
A bill to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses for public officials and employees, so as to allow state departments to reimburse employees for the payment of application fees for commercial drivers' licenses.

THURSDAY, FEBRUARY 15, 1990

1183

SB 713. By Senator Edge of the 28th:
A bill to amend an Act creating a new charter for the City of Griffin, as amended, so as to define the taxation and finance powers of the board of commissioners; to provide that certain property in the homestead of each resident of the City of Griffin who is totally disabled or who is 62 years of age or older and who has less than $12,500.00 of specified income during the preceding calendar year shall be entirely exempt from City of Griffin ad valorem taxation.

HB 1403. By Representative Birdsong of the 104th:
A bill to restate and reenact a certain homestead exemption from ad valorem taxes levied for county and school purposes and a certain homestead exemption from ad valorem taxes levied for county purposes in Twiggs County; to increase certain income qualifications of individuals 65 years of age or older.

HB 1736.

By Representative Hudson of the 117th:
A bill to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board; to provide for the nonpartisan nomination and election of the members of the Board of Education of Pulaski County upon the expiration of regular terms of office.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 1207. By Representatives Lawson of the 9th, Walker of the 115th, Jackson of the 9th, Lee of the 72nd and Teper of the 46th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipalities may enter into multi-year installment purchase contracts.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House:

SR 285. By Senators Phillips of the 9th, Collins of the 17th and Newbill of the 56th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for special investigative grand juries which shall have jurisdiction in special districts in cases involving violations of criminal law relating to controlled substances or other illegal drugs and to provide for all matters relative to the procedures, requirements, and powers of such special investigative grand juries; to provide for the submission of this amendment for ratification or rejection.

SR 362. By Senators Coleman of the 1st, Huggins of the 53rd, Olmstead of the 26th and others:
A resolution designating the Luther V. Land Bridge.

HR 582. By Representatives Isakson of the 21st, Campbell of the 23rd, Felton of the 22nd, Murphy of the 18th, Barnett of the 59th and others:
A resolution designating the Luther S. Colbert Memorial Bridge.

1184

JOURNAL OF THE HOUSE,

The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 531. By Senator Newbill of the 56th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the suspension, or revocation of drivers' licenses of persons who are convicted of unlawfully possessing or having under their control any controlled substance or marijuana.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 876. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to provide that unless otherwise provided by concurrent resolution the General Assembly shall during regular sessions automatically adjourn on Fridays and reconvene on Mondays.

The President has appointed on the part of the Senate the following: Senators Allgood of the 22nd, Parker of the 15th and Tysinger of the 41st.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 531. By Senator Newbill of the 56th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the suspension, or revocation of drivers' licenses of persons who are convicted of unlawfully possessing or having under their control any controlled substance or marijuana.
Referred to the Committee on Judiciary.

SB 681. By Senator Dawkins of the 45th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the composition of the board; to provide for the registration of land surveying firms, corporations, and other entities; to change the provisions under which registrants may use a seal.
Referred to the Committee on Industry.

SB 687. By Senators Scott of the 2nd and Edge of the 28th:
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 the governing authorities of counties and municipal corporations may sell or grant real and personal property to the State of Georgia.
Referred to the Committee on State Planning & Community Affairs.

THURSDAY, FEBRUARY 15, 1990

1185

SB 698. By Senator Garner of the 30th:
A bill to amend Chapter lOA 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 qualifications of certain supervisors.
Referred to the Committee on Health & Ecology.

SB 700. By Senator Brannon of the 51st:
A bill to amend Code Section 40-8-73.1, relating to the affixing to motor vehicles of materials which reduce light transmission through windows or windshields, so as to exempt from the requirements of said Code section certain motor vehicles owned or leased by a licensed funeral director or funeral establishment and used for the purpose of transporting dead bodies in connection with the business of the funeral director or funeral establishment.
Referred to the Committee on Motor Vehicles.

SB 713. By Senator Edge of the 28th:
A bill to amend an Act creating a new charter for the City of Griffin, as amended, so as to define the taxation and finance powers of the board of commissioners; to provide that certain property in the homestead of each resident of the City of Griffin who is totally disabled or who is 62 years of age or older and who has less than $12,500.00 of specified income during the preceding calendar year shall be entirely exempt from City of Griffin ad valorem taxation.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 285. By Senators Phillips of the 9th, Collins of the 17th and Newbill of the 56th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for special investigative grand juries which shall have jurisdiction in special districts in cases involving violations of criminal law relating to controlled substances or other illegal drugs and to provide for all matters relative to the procedures, requirements, and powers of such special investigative grand juries; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Judiciary.

SR 362. By Senators Coleman of the 1st, Huggins of the 53rd, Olmstead of the 26th and others:
A resolution designating the Luther V. Land Bridge.
Referred to the Committee on Transportation.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1616.

By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to the place of detention of juvenile offenders, so as to change the facilities in which certain unruly children may be detained and the conditions regarding such detention.

1186

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates y Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Childers Y Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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 YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
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
Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord Lucas
Y Lupton
Y Mangum YMartin Y McCoy
Y McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody
Y Morton Moultrie
Y Mueller Y O!iver,C Y O!iver,M Y Orr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston YPowell y Randall Y Ransom YRay YReaves y Redding
Y Richardson Ricketeon
Y Robinson y Royal
Y Selman Y Simpeon
Y Sinkfield

Y Smith,L
Y Smitb,P Smith,T
Y Smith,W Y Smyre
YSnow Y Stancil,F Y Stancil.S
Stanley
Y Steele Stephens
Y Streat Y Teper
Thomas,C YThomas,M Y Thompeon YThurmond
Titus Y Tolbert Y Townsend YTwiggs Y Vanghan Y Waddle
Walker,C Y Walker,L YWall YWare Y Watson Y Watts
White
Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read:

HR 863. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Edwards of the 112th, Walker of the 115th and others

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 Thursday, February 15, 1990, and reconvene at 10:00 A.M. on Monday, February 19, 1990.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Y Alford

Y Allen Y Athon Y Atkins Y Bailey Y Baker

Balkcom Bannister Y Barfoot Y Bargeron Y Barnett,B

Y Barnett,M
Y Bates y Beck
Y Benefield Y Benn

Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove

THURSDAY, FEBRUARY 15, 1990

1187

N Brooks N Brown Y Buck
Y Buford YByrd Y Campbell Y Carrell Y Carter Chambless Y Chance
Cheeks Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Cummings,M Y Davis,C Davis,G Y Davis,M Y Dixon,H Dixon,S Y Dobbs Y Dover YDunn

Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Footer Y Godbee Y Goodwin YGreen Y Greene
Gresham YGriffm Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren
Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W
Jamieson

Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder YLong y Lord
Lucas Y Lupton y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C

YOiiver,M
YOrr Y Orrock Y Padgett Y Parmell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell y Randall
YRansom YRay Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson Y Sinkfield Y Smith,L YSmith,P
Smith,T Y Smith,W Y Smyre

On the adoption of the Resolution, the ayes were 154, nays 2. The Resolution was adopted.

YSnow Y Stancii,F Y Stancii.S
Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M
Thompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall YWare Y Watson Y Watts
White Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

By unanimous consent, HR 863 was ordered immediately transmitted to the Senate.

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.

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 1622. By Representatives Jackson of the 9th, Barnett of the lOth and Harris of the 84th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for definitions; to authorize the commissioner of revenue to enter into certain cooperative reciprocal agreements with other states, the District of Columbia, and states or provinces of foreign governments pertaining to registration and licensing of commercial vehicles.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to change the provisions for sales of plates for vehicles weighing more than 24,000 pounds; to provide for definitions; to authorize the commissioner of revenue to enter into certain cooperative reciprocal agreements with other states, the District of Columbia, and states or provinces of foreign governments pertaining

1188

JOURNAL OF THE HOUSE,

to registration and licensing of commercial vehicles; to provide for applicability and procedures; to provide for duties of motor carriers; to provide for penalties; to provide for collection and distribution of fees; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to define certain terms; to change the weight brackets for registration of vehicles to align conveniently with the International Registration Plan and federal guidelines for heavy vehicle use taxes; to establish fee rates for vehicles registered under the International Registration Plan; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-33, relating to the duty of the commissioner to furnish license plates to tag agents, inventories, and sale of plates for vehicles weighing more than 24,000 pounds, in its entirety and inserting in lieu thereof a new Code Section 40-2-33 to read as follows:
"40-2-33. (a) The commissioner shall furnish to each tag agent such number of motor vehicle license plates, revalidation decals, and decals as he may deem necessary for issuance by such agent, together with such forms and other supplies as are necessary to enable such agent to perform the duties required of him by this chapter.
(b) The county tag agent shall, immediately upon receipt of the motor vehicle license plates from the commissioner, take a full and complete inventory of the arriving shipment of license plates for motor vehicles over u,GOO 26,000 pounds. The affidavit of lost or missing plates which the county tag agents are required to file with the commissioner shall be filed within ten days of the county tag agents' receipt of the license plates for motor vehicles over u,GOO 26,000 pounds in weight. Failure to submit the required affidavit within ten days shall result in a denial of credit for any lost or missing license plates and the receiving county shall be responsible for full payment of said license plates.
(c) The county is responsible for providing a secure storage area for all license plates and revalidation decals.
(d) Notwithstanding any other provision of law, should a county desire to maintain an inventory of license plates for vehicles weighing in excess of u,GOO 26,000 pounds and sell said license plates for vehicles weighing in excess of u,GOO 26,000 pounds, the county shall first request permission in writing from the commissioner. Permission shall be granted at the discretion of the commissioner and, once granted, the permission may be revoked should the county fail to file tag and title reports with the commissioner in a timely and proper manner and fail to remit to the commissioner in a timely manner sums of money collected.
(e) The commissioner shall prescribe such reasonable rules and regulations as in his discretion may be necessary to effectuate the purposes of this Code section."
Section 2. Said chapter is further amended by adding a new Article 3A to read as follows:
"ARTICLE 3A
40-2-80. As used in this article, the term: (I) 'Allocated vehicle' means a vehicle to which a particular jurisdiction's basic reg-
istration plate or apportioned registration plate is attached upon payment of the jurisdiction's full basic registration fee. A portion of each fleet of one-way vehicles is allocated to each jurisdiction into or through which the fleet travels although each vehicle of the fleet need not enter every jurisdiction.
(2) 'Apportionable fee' means any periodic recurring fee required for licensing or registering vehicles, including, but not limited to, registration fees, license fees, or weight fees.
(3) 'Apportionable vehicle' means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government owned vehicles, used or intended for use

THURSDAY, FEBRUARY 15, 1990

1189

in two or more member jurisdictions that allocate or proportionally register vehicles and used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property and which is:
(A) A power unit having a gross vehicle weight in excess of 26,000 pounds; (B) A power unit having three or more axles, regardless of weight; or (C) Used in combination, when the weight of such combination exceeds 26,000 pounds gross vehicle weight. Vehicles or combinations thereof having a gross vehicle weight of 26,000 pounds or less and two-axle vehicles and buses used in transportation of chartered parties may be proportionally registered at the option of the registrant. (4) 'Auxiliary axle' means an auxiliary undercarriage assembly with a fifth wheel and tow bar used to convert a semitrailer to a full trailer. (5) 'Axle' means an assembly of a vehicle consisting of two or more wheels whose centers are in one horizontal plane, by means of which a portion of the weight of a vehicle and its load, if any, is continually transmitted to the roadway. For purposes of registration under the International Registration Plan, an axle is any such assembly whether or not it is load-bearing only part of the time. For example, a single-unit truck with a steering axle and two axles in a rear-axle assembly is an apportionable vehicle even though one of the rear axles is a so-called dummy, drag, tag, or pusher type axle. (6) 'Base jurisdiction' means, for purposes of fleet registration, the jurisdiction where the registrant has an established place of business, where mileage is accrued by the fleet, and where operational records of such fleet are maintained or can be made available in accordance with the provisions of this article. (7) 'Base plate' means the plate issued by the base jurisdiction and shall be the only registration identification plate issued for the vehicle by any member jurisdiction. Base plates shall be identified by having the word 'apportioned' or 'PRP' and the jurisdiction's name on the plate. The numbering system and color shall be determined by the issuing jurisdiction. (8) 'Chartered party' means a group of persons who, pursuant to a common purpose and under a single contract and at a fixed charge for the vehicle in accordance with the carrier's tariff, lawfully on file with the Interstate Commerce Commission, have acquired the exclusive use of a passenger-carrying motor vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after having left the place of origin. (9) 'Commissioner' means the jurisdiction official in charge of registration of vehicles and means, for the state of Georgia, the commissioner of revenue. (10) 'Established place of business' means a physical structure owned, leased, or rented by the fleet registrant. The physical structure shall be designated by a street number or road location, be open during normal business hours, and have located within it: (A) A telephone or telephones publicly listed in the name of the fleet registrant; (B) A person or persons conducting the fleet registrant's business; and (C) The operational records of the fleet, unless such records can be made available in accordance with the provisions of this article. (11) 'Fleet' means one or more apportionable vehicles. (12) 'In-jurisdiction miles' means the total number of operating miles accrued by a fleet of apportioned vehicles in a jurisdiction during the preceding year. In those cases where the registrant operated a fleet of apportioned vehicles in jurisdictions that require no apportionment and grant reciprocity, the base jurisdiction may add such miles to the in-jurisdiction miles. (13) 'Interjurisdiction movement' means vehicle movement between or through two or more jurisdictions. (14) 'Intrajurisdiction movement' means vehicle movement from one point within a jurisdiction to another point within the same jurisdiction. (15) 'Jurisdiction' means a state, territory, or possession of the United States, the District of Columbia, or a state, province, or territory of another country.

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(16) 'Long term' means any period of time exceeding 29 days. (17) 'Motor carrier audit' means a physical examination of a motor carrier's operational records including source documentation to verify fleet mileage and accuracy of a carrier's record-keeping system. (18) 'Operational records' means documents supporting miles traveled in each jurisdiction and total miles traveled such as fuel reports, trip sheets, and drivers' logs. (19) 'Owner-operator' means an equipment lessor who leases his vehicular equipment with driver to a carrier. (20) 'Pool fleet' means a fleet of rental company trailers and semitrailers having a gross weight in excess of 26,000 pounds and used solely in pool operation with no permanent base. (21) 'Preceding year' means the period of 12 consecutive months immediately prior to July 1 of the year immediately preceding the commencement of the registration or license year for which apportioned registration is sought. (22) 'Reciprocity' means that an apportionable vehicle properly registered under this article shall be exempt from further registration by any other member jurisdiction. (23) 'Reciprocity agreement' means an agreement, arrangement, or understanding governing the reciprocal grant of rights and privileges to vehicles which are based in and properly registered under the applicable laws of the jurisdictions which are parties to such an agreement, arrangement, or understanding. (24) 'Recreational vehicle' means as used in this article a vehicle used for personal pleasure or travel by an individual or his family. (25) 'Registrant' means a person, firm, or corporation in whose name or names a vehicle is properly registered.
(26) 'Registration year' means the 12 month period during which the registration plates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.
(27) 'Restricted plate' means a license plate that has time (less than a registration year), geographic area, mileage, or commodity restrictions.
(28) 'Service representative' means a person who furnishes facilities and services including sales, warehousing, motorized equipment, and drivers under contract or other arrangements to a carrier for transportation of property by a household goods carrier.
(29) 'Total distance' means the total number of miles or kilometers traveled by a fleet of apportioned vehicles in all jurisdictions during the preceding year. For purposes of motor bus apportionment, total distance shall be calculated as provided for fleets.
(30) 'Trip-lease' means a lease of vehicular equipment to a carrier or lessee for a single interjurisdictional movement. The term may also include a similar intrajurisdictional movement where such movement is authorized under the laws of the jurisdiction.
40-2-81. (a) In addition to and regardless of the provisions of Article 3 of this chapter or any other provisions of law relating to the operation of motor vehicles over the public highways of this state, the Department of Revenue is authorized to enter into reciprocal agreements or plans on behalf of the State of Georgia with the appropriate authorities of any of the states of the United States, the District of Columbia, a state or province of any foreign country, or a territory or possession of the United States or any foreign country providing for the registration of commercial vehicles on an apportionment basis and may, in the exercise of this authority, enter and become a member of the International Registration Plan developed by the American Association of Motor Vehicle Administrators. Any such reciprocal agreement or plan may provide for but shall not be limited to the following provisions: (1) full reciprocity in accordance with such agreement or plan for commercial vehicles not based in Georgia, which vehicles are operated in interstate commerce or a combination of interstate and intrastate commerce and are of specified types or weights, in exchange for equivalent reciprocity for Georgia based commercial vehicles; (2) reciprocal exchange of audits of records of the owners of

THURSDAY, FEBRUARY 15, 1990

1191

such commercial vehicles by the states participating in any such agreement or plan; and (3) any other matters which would facilitate the administration of such agreement or plan, including exchange of information for audits enforcement activities and collection and disbursement of proportional registration fees for other jurisdictions in the case of Georgia based commercial vehicles.
(b) Any reciprocity agreement, arrangement, or declaration relating to commercial vehicles in effect between this state and any jurisdiction not a party to such reciprocal agreement or plan or which relates to any matters not covered in such reciprocal agreement or plan shall continue in force and effect until specifically revoked or amended as provided by law.
(c) The department is authorized and empowered to promulgate and to enforce such rules and regulations and to publish such forms as may be necessary to carry out the provisions of the International Registration Plan or any other agreement entered into under the authority set forth in this Code section.
(d) The provisions of Code Sections 40-2-21, 40-2-22, 40-2-23, 40-2-25, and 40-2-77 shall not apply to vehicles registered under this Code section, except that:
(1) Notwithstanding any such agreement or plan, any such commercial vehicle
based at any fixed location or which leaves from and returns to one or more points within this state in the normal course of operations shall be subject to ad valorem property tax in the county where such vehicle is based. Registration shall be denied any such vehicie if any ad valorem property taxes are unpaid with respect to such
vehicle; (2) No vehicle registration or renewal thereof shall be issued to any motor vehicle
subject to the heavy vehicle tax unless the owner of the motor vehicle provides satisfactory proof that the heavy vehicle tax imposed by Subchapter D of Chapter 36 of the Internal Revenue Code has been paid for the federal tax year during which the application for registration or renewal thereof is made or that a heavy motor vehicle tax return has been filed with the Internal Revenue Service for the federal tax year during which the application for registration or renewal thereof is made; and
(3) No vehicle registration or renewal thereof shall be issued without the commissioner having first received certification that the vehicle sought to be licensed is insured in compliance with the mandatory provisions of Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act.' (e) In the event of conflict between the provisions of this Code section or any agreement entered into under the provisions of this Code section and any other law or provision on this subject, the provisions of this Code section shall prevail. (f) Each motor carrier registered under the International Registration Plan shall maintain and keep, for the current year and the three preceding years, such pertinent records and papers as may be required by the Department of Revenue for the reasonable administration of this chapter. If a registrant fails to make records available to the commissioner upon proper request or if any registrant fails to maintain records from which its true liability may be determined, the department may, 30 days after written demand for production of or access to the records or notification of insufficient records, impose an assessment of liability based on the commissioner's estimate of the true liability of such registrant as determined from information furnished by the registrant, information gathered by the commissioner at his own instance, information available to the commissioner concerning operations by similar registrants, and such other pertinent information as may be available to the commissioner. (g) The commissioner or any authorized agent of the commissioner is authorized to examine the records, books, papers, and equipment of any motor carrier that are deemed necessary to verify the truth and accuracy of any statement or report and ascertain whether the tax imposed by Code Section 48-10-2.1 and the International Registration Plan has been properly paid. The duties and powers of the commissioner as specified in Code Sections 48-2-7 through 48-2-11 are expressly made applicable to this Code section. (h) In lieu of full registration under the International Registration Plan, trip permit registration may be issued for any vehicle or combination of vehicles which could be lawfully operated in the state if full registration or apportioned registration were obtained.

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A person desiring a trip permit shall make application therefor as prescribed by the commissioner. A trip permit shall be issued for the sum of $30.00. Any vehicle or combination of vehicles for which a trip permit has been issued may be operated in interstate or intrastate commerce in Georgia for a period of 72 hours from the time of issuance.
(i) Any person who violates any provision of this Code section shall, in addition to any other penalties provided by any other law, be punished by a fine of not less than $100.00 and not more than $250.00."
Section 3. Said chapter is further amended by striking Code Section 40-2-130, relating to disposition of fees, in its entirety and inserting in lieu thereof a new Code Section 40-2-130 to read as follows:
"40-2-130. Except as provided in Code Section 40-2-30 and Code Section 40-2-81, the full amount of the fees collected under this chapter shaifbe turned over to the state treasury by the commissioner within 30 days after collection in such manner as the Fiscal Division of the Department of Administrative Services may prescribe."
Section 4. Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking Code Section 48-10-1, relating to definitions relative to motor vehicle license fees and plates, in its entirety and inserting in lieu thereof a new Code Section 48-10-1 to read as follows:
"48-10-1. As used in this chapter, the term: (1) 'Farm truck' or 'farm trailer' means a truck or trailer for which the owner sub-
mits a sworn statement as a part of the registration application to the effect that the vehicle is used primarily on and is domiciled upon a farm primarily for the carriage of unprocessed products of the farm.
(2) 'Farm vehicle' means !! vehicle Q!: combination Qf vehicles owned J2y !! farmer Q!: rancher, which are operated over public highways and used exclusively !Q transport unprocessed agricultural Q!: livestock products raised, owned, and grown J2y the owner Qf the vehicle !Q market Q!: !! place Qf storage; and shall include the transportation J2y the farmer Q!: rancher Qf !!!!Y equipment, supplies, Q!: products purchased J2y that
farmer Q!: rancher for his own use and used !!! the farming Q!: ranching operation Q!: used J2y !! farmer Q!: rancher partly !!! transporting agricultural products Q!: livestock
from the farm Q!: ranch Qf another farmer Q!: rancher that were originally grown Q!:
raised on that farm Q!: ranch Q!: when used partly !!! transporting agricultural supplies,
equipment, materials, Q!: livestock !Q the farm Q!: ranch Qf another farmer Q!: rancher for use Q!: consumption on that farm Q!: ranch but not transported for hire.
00 (3) 'Motor bus' means any passenger-carrying motor vehicle operated for hire
and having a passenger seating capacity of eight or more persons exclusive of the driver.
f3) ill 'Owner declared gross vehicle weight' means the empty weight of the truck
or truck-trailer fully equipped and fueled and ready for operation on the road and, in the case of combinations, means the weight when ready for operation on the road of the heaviest trailer or semitrailer with which the power unit will be placed in combination, plus the heaviest load which will be carried within the licensed period.
a fit (5) 'Private truck' or 'private trailer' means a truck or trailer other than a farm
truck, farm trailer, 61' farm vehicle, Q!: a truck or trailer operated for hire by a common or contract carrier.
f5t (6) 'Trailer' means any vehicle operated over the public roads of this state withoutmotive power when the vehicle is designed for carrying persons or property, either partially or wholly, on its own structure and is designed for being drawn by a self-propelled vehicle.
(6) 'Truek' meattS a :ffi6ttH' veftiele f6f the trallsp6rtati6fl 6f pr6perey ifleltuli11g, bttt fl6t limiteti t6; 8:f1Y self pr6pelled veftiele desig11ed f6f ttSe as a tra;eliflg p6wei' pltmt 61' f6f drawiftg 6iher veftieles bttt haviftg 116 prw;isi6fl f6f eareyiftg l6ads ifldepelldefltl) . The term tffies fl6t ifleltule what are e6mm6flly lHt6Wfl as fMm ~"
Section 5. Said chapter is further amended by striking Code Section 48-10-2, relating to annual license fees for the operation of vehicles, in its entirety and inserting in lieu thereof a new Code Section 48-10-2 to read as follows:

THURSDAY, FEBRUARY 15, 1990

1193

"48-10-2. The annual fees for the licensing of the operation of vehicles shall be as follows for each vehicle registered:
(1) For each passenger motor vehicle not operated as a common or contract carrier for hire..................................................................................$ 8.00
(2) For each motorcycle............................................................................................ 8.00
(3) (A) For each private truck in accordance with the owner declared gross vehicle weight, as follows:
(i) Less than 14,000 lbs. .................................................................................. 8.00
(ii) 14,000 to 18,000 lbs. .................................................................................... 20.00
(iii) 18,001 i6 24;000 lbs-; .....................................................................................------3{}.00
(iii) 18,001 j;Q 26,000 lbs. ..................................................................................... 30.00
(i.) 24,001 i6 3G;OOO lbs-; ...................................................................................------4(}.00
(iv) 26,001 j;Q 30,000 lbs. ................................................................................... 40.00
(v) 30,001 to 36,000 lbs.................................................................................... 60.00
(vi) 36,001 to 44,000 lbs.................................................................................... 100.00
(. ii) 44,001 i6 52;000 lbs-; ....................................................................................----1-'t&OO
(vii) 44,001 j;Q 54,999 lbs..................................................................................... 175.00
(.iii) 62,001 i6 63;280 lbs-; .................................................................................----2-1&00
(viii) 55,000 j;Q 63,280 lbs.................................................................................. 275.00
(ix) 63,281 lbs. to maximum permitted .......................................................... 375.00
(B) Subparagraph (A) of this paragraph notwithstanding:
(i) A straight truck which is not a truck-tractor shall not be classified higher than $60.00;
(ii) A straight truck hauling fertilizer and agricultural products shall not be classified higher than $25.00; and
(iii) A truck-tractor hauling fertilizer or milk shall not be classified higher than $175.00;
(4) Reserved,
f5t ill For each farm truck ................................................................................... 8.00 f6t ill Except as otherwise specifically provided in this Code section,
for each private trailer .................................................................................... 8.00
ft-) .!.ill (A) For each farm trailer including, but not limited to, horse
and cattle trailers, the maximum fee shall be $5.00.
(B) There shall be no fee for trailers:
(i) Used exclusively to haul agricultural products from one place on the farm to another or from one farm or field to another;
(ii) With no springs which are being employed in hauling unprocessed farm products to their market destination; and

1194

JOURNAL OF THE HOUSE,

(iii) With no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm;
t8t ill For house trailers, auto trailers, and boat trailers, whether
pulled by a private automobile or a private truck, and not used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire ..................................................... 5.00
m iiD For trailers used as or in connection with a motor vehicle,
truck, or tractor used as a common or contract carrier for hire .............. 8.00
flG1 ill For each motor bus or van-type vehicle used as a common or
contract carrier for hire in public transportation transporting passengers, the following:
(A) Weighing 10,000 pounds or less, $1.50 per 100 pounds factory weight or fractional part of 100 pounds factory weight;
(B) Weighing more than 10,000 pounds and not over 15,000 pounds factory weight, $2.20 for each 100 pounds or fractional part of 100 pounds factory weight;
(C) Weighing more than 15,000 pounds and not more than 20,000 pounds factory weight, $2.75 for each 100 pounds or fractional part of 100 pounds factory weight; and
(D) Weighing more than 20,000 pounds factory weight, $3.00 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700.00;
flB i!Ql (A) For each truck or nonpassenger-carrying motor vehicle
operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight, as follows:
(i) Less than 14,000 lbs. .................................................................................. 8.00
(ii) 14,000 to 18,000 lbs. .................................................................................... 20.00
(iii) 18,001 t6 B4;{lOO J:bs;-.....................................................................................-30:00
(iii) 18,001 !Q 26,000 lbs. ..................................................................................... 30.00
(i~) 24,001 t6 3G;OOe J:bs; ................................................................................... ---80:-00
(iv) 26,001 !Q 30,000 lbs. ................................................................................... 80.00
(v) 30,001 to 36,000 lbs.................................................................................... 120.00
(vi) 36,001 to 44,000 lbs.................................................................................... 200.00
(ii) 44,001 t6 52;eOO J:bs;- ....................................................................................--3{;0;00
(vii) 44,001 !Q 54,999 lbs..................................................................................... 350.00
(iii) 52,001 t6 ~ J:bs; .................................................................................~
(viii) 55,000 !Q 63,280 lbs.................................................................................. 550.00
(ix) 63,281 lbs. to maximum permitted .......................................................... 700.00
(B) Subparagraph (A) of this paragraph notwithstanding, a straight truck which is not a truck-tractor shall not be classified higher than $120.00;

THURSDAY, FEBRUARY 15, 1990

1195

fi-21 ill}_ For each truck leased to a common or contract carrier without
regard to the duration of the lease and in accordance with the owner declared gross vehicle weight, the same license fees as
required under paragraph fH1 i!Q)_ of this Code section;
fffi1 @ For each motor-driven hearse or ambulance.......................................... 8.00
ft# i!Ql For each school bus operated exclusively in the transportation
of pupils and teachers to and from schools or school activities or in the transportation of the owner and the members of his immediate family, the sum of $5.00. A bus owned by a church or owned in common with other churches and used and operated exclusively for the church in transporting members and patrons to and from church or church activities, when no part of the proceeds of the operation of the bus inures to the benefit of any private person, shall be licensed for the sum of $5.00 in the same manner as school buses when the bus complies with the laws applicable to school buses;
fH;t .{11}_ For each motor vehicle owned by the state or by a political subdivision or municipality of the state and used exclusively for governmental functions................................................................................... 1.00
fl6t 1!Ql For each motor vehicle used by carriers and operated under
special franchise granted by the United States Department of Defense over a route of not more than 20 miles in length which is solely between a point in this state and a point within a United States military reservation in this state.......................................... 5.00
fl-1t i!!U Heavy earth-moving machinery, not including trucks, used
primarily off the highway shall not be required to be licensed under this chapter;
fl8:t il1l (A) Trucks transporting logs, pulpwood, or other forest
products shall be licensed in accordance with the following annual fees:
(i) Straight trucks and truck-tractors pulling a single pole trailer hauling logs from the woods to the sawmill....................................... 30.00
(ii) Other truck-tractors .................................................................................... 175.00
(B) Skidders, tractors, and loaders used only in the woods shall not be required to be licensed. Trucks and truck-tractors specified in subparagraph (A) of this paragraph shall be licensed in accordance with this paragraph even though the trucks or truck-tractors are also used to transport skidders, tractors, loaders, and other logging equipment. Trucks and trucktractors specified in subparagraph (A) of this paragraph shall not be required to pay additional fees or obtain additional license plates in order to transport logging equipment owned by the owner of the trucks or truck-tractors."

Section 6. Said chapter is further amended by adding a new Code Section 48-10-2.1 to read as follows:
"48-10-2.1. (a) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles not operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows:
(I) 26,001 to 30,000 lbs.............................................................................................$ 40.00

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JOURNAL OF THE HOUSE,

(2) 30,001 to 36,000 lbs. ............................................................................................ 60.00
(3) 36,001 to 44,000 lbs. ............................................................................................ 100.00
(4) 44,001 to 54,999 Jbs............................................................................................. 175.00
(5) 55,000 to 63,280 lbs............................................................................................. 275.00
(6) 63,281 lbs. to maximum permitted ................................................................... 375.00 (b) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows:
(1) 26,001 to 30,000 Jbs.............................................................................................$ 80.00
(2) 30,001 to 36,000 lbs. ............................................................................................ 120.00
(3) 36,001 to 44,000 lbs............................................................................................. 200.00
(4) 44,001 to 54,999 lbs............................................................................................. 350.00
(5) 55,000 to 63,280 lbs............................................................................................. 550.00
(6) 63,281 lbs. to maximum permitted ................................................................... 700.00 (c) For each apportionable motor bus or van-type vehicle the fee is $3.00 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700.00. (d) Trucks transporting logs, pulpwood, or other forest products shall be issued restricted license plates and the fees shall be as enumerated in Code Section 48-10-2. (e) Each school bus operated exclusively in the transportation of pupils and teachers to and from schools or school activities or in the transportation of the owner and his immediate family shall be issued a restricted license plate for the sum of $5.00. A bus owned by a church or owned in common with other churches and used and operated exclusively for the church in transporting members and patrons to and from church or church activities, when no part of the proceeds of the operation of the bus inures to the benefit of any private person, shall be issued a restricted license plate for the sum of $5.00 in the same manner as school buses when the bus complies with the Jaws applicable to school buses. (f) A truck or a truck-tractor hauling fertilizer or milk shall be issued a restricted license plate with the fee computed in accordance with Code Section 48-10-2. (g) A farm vehicle shall be issued a restricted license plate with the fee computed in accordance with Code Section 48-10-2."
Section 7. This Act shall become effective on January 1, 1991.
Section 8. All laws and parts of Jaws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Jackson of the 9th moves to amend the Committee substitute to HB 1622 by striking from lines 14 through 22 of page 10 the following:
"(1) Notwithstanding any such agreement or plan, any such commercial vehicle based at any fixed location or which leaves from and returns to one or more points within this state in the normal course of operations shall be subject to ad valorem property tax in the county where such vehicle is based. Registration shall be denied any such vehicle if any ad valorem property taxes are unpaid with respect to such vehicle;",
and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 15, 1990

1197

"(1) Registration under the International Registration Plan shall not relieve a registrant from any other taxes due;".
By striking from line 12 of page 11 the following:
"this Code section shall prevail",
and inserting in lieu thereof the following:
"this Code section or any agreement entered into under the provisions of this Code section shall prevail".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy
Y Adams Y Aiken Y Alford Y Allen
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Bamett,M Y Bates 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 Campbell Y Carrell Y Carter
Chambless
YChance Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M
Y Dixon,H
Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham YGriffin
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
Langford Y Lawrence
Y Lawson YLee
Y Linder Y Long
YLord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
McDonald Y McKelvey

Y McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley
Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M YOrr
Orrock Y Padgett Y Pannell
Parham Y Parrish
Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson
Y Ricketeon 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 Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C
Y Walker,L Y Wall YWare Y Wateon Y Watts
White Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 1622, by substitute, as amended, was ordered immediately transmitted to the Senate.

1198

JOURNAL OF THE HOUSE,

HB 1629. By Representatives Watts of the 41st, McKelvey of the 15th, Twiggs of the 4th, Moody of the 153rd, Redding of the 50th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps generally, so as to change the record requirements of a licensed taxidermist; to provide for resident and nonresident taxidermist licenses and license 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 roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell
Y Carrell Y Carter Y Chambless Y Chance
Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Connell Y Couch Y Crawford Crosby N Cummings,B
Y Cummings,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H
Dixon,S
Y Dobbs Y Dover Y Dunn Y Edwards YEhrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
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
YHooks Y Howren Y Hudson Y Irwin Y Isakson Y Jacksnn,J Y Jacksnn,W
Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord Lucas Lupton
Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B McKinney,C
Y Meadows Y Milaro Y Mobley Y Moody N Morton
Y Moultrie Y Mueller
Oliver,C Y Oiiver,M Y Orr
Orrock
Y Padgett Y Pannell YParharn Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell
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
Smith,P Smith,T NSmith,W Y Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat
Teper
Thomas,C Y Thomas,M YThompson YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L NWall
Ware Watson Y Watts White YWilder
YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 4. The Bill, having received the requisite constitutional majority, was passed.

Representative Connell of the 87th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Lucas of the 102nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and adopted:

THURSDAY, FEBRUARY 15, 1990

1199

HR 867. By Representatives Brooks of the 34th, McKinney of the 35th, Thomas of the 31st, Stanley of the 33rd, Lucas of the 102nd and others:
A resolution declaring February 16, 1990, as Nelson Rolihlahla Mandela Day and urging the government of South Africa to continue its progress along the road to constructive change.

By unanimous consent, HR 867 was ordered immediately transmitted to the Senate.

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 141. By Representative Connell of the 87th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for additional steps on the salary schedule for secretaries of judges of the superior courts; to provide that these increases will be designated as L steps and may be granted not more often than every two years.

The following Committee substitute was read and adopted:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for additional steps on the salary schedule for secretaries of judges of the superior courts; to provide that these steps will be designated as L steps and may be granted not more often than every two years; to provide for the adjustment of salary scales when the State Personnel Board acts to move merit system employees to a new pay grade; to make other adjustments in the salary schedule; to provide for additional merit steps on the salary schedule for secretaries of district attorneys of the superior courts; to provide that these steps will be designated as L steps and may be granted not more often than every two years; to provide for the adjustment of salary scales when the State Personnel Board acts to move merit system employees to a new pay grade; to make other adjustments in the salary schedule; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (c) of Code Section 15-6-25, relating to the employment, status, and compensation of secretaries of judges of the superior courts, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 7 which shall be $18,703.00 annually. After Step ']_there shall be four additional steps known .!!!! Step L-1 through Step L-4. Step L-1 shall be $23,536.05 annually and Step L-4 shall be $27,244.50 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step.
(2) W Each step on said pay schedule to be paid from state funds shall be
increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration that occurs after June 30, !986 1990.
(B) Each ~ on said P!!Y schedule !Q be paid from state funds shall be
increased on the effective date Qf ~ action fu.' the State Personnel Board which takes effect after June !ill: 1989, and which increases all merit system classes one Q! more P!!Y grades. The amount Qf such increase shall be _ percent for each P!!Y

1200

JOURNAL OF THE HOUSE,

grade that the merit system classes are increased. !f the action 2f the State Person-
nel Board provides for employees !Q move !Q !! new P!!Y grade without increase,
except where .!!; ~ necessary !Q bring employees !Q the minimum ~ 2f the new
P!!Y grade, then the same provision shall operate !Q keep secretaries !!!_ the same sal-
!!!Y. except where .!!; ~ necessary !Q bring !! secretary !Q the new salary for Step !

(3) Each superior court judge may grant to each secretary a merit increase equal
to one step on Steps ! through ']_ 2f the pay schedule, or any revised pay schedule
restdting fr6m ftft aer6ss the b6ard ifterease, upon completion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing laws or at any time not less than 12 months since the employees' original date of continuous employment if no merit increase has been granted under previously existing laws. Each superior court judge _!!!!!Y grant !Q each secretary who has advanced !Q Step ']_ Q! above !! merit increase
!!! Steps L-1 through L-4 .!!! !!!!Y time not less than 24 months since the last merit
increase under this Q! !!!!Y previously existing laws. (4) Each secretary employed on July 1, 1985, shall be placed upon the appropriate
step of the pay schedule so as to give credit for previous merit increases received through July 1, 1985.
(5) Each new secretary appointed after July 1, 1985, shall be placed on Step 1 of the pay schedule in effect on the date of appointment; provided, however, that a secretary employed under Code Section 15-18-17, authorizing the employment of district attorney's secretaries, may transfer to this pay schedule upon appointment as a secretary to a judge of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment."
Section 2. Said title is further amended by striking subsection (c) of Code Section 15-18-17, relating to the employment, status, and compensation of secretaries of district attorneys of the superior courts, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) (I) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 7 which shall be $18,703.00 annually. After Step ']_ there shall be four additional steps known~ Step L-1 through Step L-4. Step L-1 shall be $23,536.05 annually and Step L-4 shall be $27,244.50 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step.
(2) (A) Each step on said pay schedule to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration which is effective after June 30, l986 1990.
-o3) Each ~ on said P!!Y schedule !Q be paid from state funds shall be increased on the effective date 2f !!!!,Y action Qy the State Personnel Board which
takes effect after June QQ, 1989, and which increases all merit system classes one
Q! more P!!Y grades. The amount 2f such increase shall be ~ percent for each P!!Y grade that the merit system classes are increased. !f the action 2f the State Person-
nel Board provides for employees !Q move !Q !! new P!!Y grade without increase, except where .!!; ~ necessary !Q bring employees !Q the minimum ~ Qf the new P!!Y grade, then the same provision shall operate !Q keep secretaries !!!_ the same sal!!!}', except where .!!; ~ necessary !Q bring !! secretary !Q the new salary for Step _1 (3) Each district attorney may grant to each secretary a merit increase equal to
one step on Steps ! through ']_ 2f the pay schedule, or any revised pay schedule PeSttlt-
iflg fr6m ftft aer6ss the b6ard ifterease, upon completion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing law laws or at any time not less than 12 months since the employees' original date of continuous employment if no merit increase has been granted under previously existing law laws. Each district attorney !!!!!Y grant !Q

THURSDAY, FEBRUARY 15, 1990

1201

each secretary who has advanced .!Q Step 1 Q! above _!! merit increase !!! Steps L-1
through L-4 !!! !!!!Y time not less than 24 months since the last merit increase under
this Q! !!!!Y previously existing laws. (4) Each secretary employed on July 1, 1985, shall be: (A) Placed upon the appropriate step of the pay schedule so as to give credit for previous merit increases received through July 1, 1985; or (B) Placed upon the next higher step if the secretary's current salary is greater than the step to which the secretary would be entitled by virtue of subparagraph (A) of this paragraph, subject to the provisions of paragraph (3) of this subsection. (5) Each new secretary appointed after July 1, 1985, shall be placed on Step 1 of
the pay schedule in effect on the date of appointment; provided, however, that a secretary employed under Code Section 15-6-25, authorizing the employment of superior court judges' secretaries, may transfer to this pay schedule upon appointment as a secretary to a district attorney of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment."
Section 3. This Act shall become effective upon adequate appropriations being made by the Georgia General Assembly to fund this Act.
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
Aiken Y Alford
Y Allen Y Athon
Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Birdsong Y Bishop
Y Bostick Y Branch
Breedlove Y Brooks
Y Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter
Chambless Y Chance
Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L YColeman
Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Davis,C Y Davis,G N Davis,M Y Dixon,H
Y Dixon,S
Y Dobbs Dover
YDunn Y Edwards Y Ehrhart
Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin YGreen 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 YHooks Y Howren Y Hudson Ylrwin
Isakson Y Jacksnn,J Y Jacksnn,W Y Jamieson
Jenkins Y 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
Lupton YMangum
Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody N Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
YOrr Orrock
Y Padgett Pannell
YParharn Y Parrish Y Patten Y Pettit Y Pinkston
Pnag Y Porter Y Poston
Y Powell y Randall
Y Ransom YRay
Y Reaves y Redding
Richardson Y Ricketson Y Robinson y Royal y Selman
Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Y Smith,W
Smyre
YSnow Y Stancii,F Y Stancii,S Y Stanley Y Steele Y Stephens
Y Streat Y Teper YThomas,C YThomas,M Y Thompson YThurmond
Y Titus Y Tolbert N Townsend
Twiggs
Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall YWare
Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 142, nays 4.

1202

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substitute_

By unanimous consent, HB 141, by substitute, was ordered immediately transmitted to the Senate.

Representative Lane of the lllth stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industrial Relations and referred to the Committee on Special Judiciary:

HB 1511. By Representatives Brooks of the 34th, Brown of the 88th, Abernathy of the 39th, Stanley of the 33rd, Bishop of the 94th and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for equal employment opportunity in this state without regard to race, color, religion, sex, or national origin; to provide a short title.

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 763. By Representatives Buck of the 95th and Mangum of the 57th

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized by general law to provide for an education trust fund to assist students and parents of students in financing postsecondary education; to provide for advance payment of tuition contracts; to provide for implementation authority; to provide for the guarantee of such contracts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new subparagraph (c) to read as follows:
"(c) The General Assembly shall be authorized by general law to provide for an education trust fund to assist students and parents of students in financing postsecondary education and to provide for contracts between the fund and purchasers for the advance payment of tuition by each purchaser for a qualified beneficiary to attend a state institution of higher education. Such general law shall provide for such terms, conditions, and limitations as the General Assembly shall deem necessary for the implementation of this subparagraph. Notwithstanding any provision of this Constitution to the contrary, the General Assembly shall be authorized to provide for the guarantee of such contracts with state revenues."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly by general law to provide for an education trust fund to

THURSDAY, FEBRUARY 15, 1990

1203

) NO

assist students and parents of students in financing postsecondary education and to authorize that advance payment of tuition

contracts may be guaranteed with state revenues?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote

"Yes." All persons desiring to vote against ratifying the proposed amendment shall vote

"No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution,

it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett,B Y Barnett,M
Y Bates Y Beck
Benefield Benn Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell Y Couch 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 Dobbe
Dover YDunn Y Edwards YEbrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner

YHarris
Y Hasty YHeard Y Herbert Y Holcomb Y Holland
YHolmes YHooks Y Howren Y Hudson
Irwin Y Isakson
Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson
YLee
Y Linder Y Long y Lord
Lucas Lupton YMangum Y Martin Y McCoy McDonald Y McKelvey

McKinney,B McKinney,C
Y Meadows Milam
Y Mobley YMoody
Y Morton Y Moultrie Y Mueller Y Oliver,C YOliver,M YOrr
Orrock Y Padgett
Pannell YParbam Y Parrish Y Patten
Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell y Randall
YRansom YRay Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson YRoyal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Smith,T
YSmith,W Y Smyre YSnow
Y Stancii,F Y Stancii,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C
YThomas,M Thompson
Thurmond Y Titus
Tolbert Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L
YWall YWare Y Watson Y Watts
White Wilder YWilliams,B Y Williams,J Y Yates y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 152, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

Under the general order of business, established by the Committee on Rules, the following Resolution of the House was again taken up for consideration:

HR 588. By Representatives Birdsong of the 104th and Moody of the 153rd

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991; to provide for the submission of this amendment for ratification or rejection; and for other purpqses.

1204

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VI, Paragraph VI of the Constitution is amended by striking subparagraph (d) thereof, which reads as follows:
"(d) The General Assembly may provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987.", in its entirety and substituting in lieu thereof a new subparagraph (d) to read as follows:
"(d) The General Assembly may provide by law for indemnification with respect to licensed emergency management rescue specialists who are or have been killed or permanently disabled in the line of duty on or after January 1, 1991, and publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1,
1991?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote
"No." If such amendment shall be ratified as provided in said Paragraph of the Constitution,
it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M
Y Bates 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
Campbell
Carrell Y Carter Y Chambless
Y Chance N Cheeks Y Childers Y Clark,B N Clark,H
Y Clark,L Y Coleman
Colwell Y Connell
Y Couch N Crawford N Crosby Y Cummings,B Y Cummings,M
Davis,C Davis,G Davis,M N Dixon,H Y Dixon,S Dobbs Y Dover
Dunn Y Edwards N Ehrhart

N Felton
N Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green
Y Greene N Gresham Y Griffm N Groover Y Hamilton Y Hanner
Y Harris Y Hasty
Heard Y Herbert Y Holcomb
Y Holland Y Hohnes Y Hooks N Howren N Hudaon Y Irwin
Isskson Jackson,J 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 Y Linder NLong
Lord Lucas N Lupton Mangum y Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley
Y Moody N Morton
Moultrie

Y Mueller Y Oliver,C
Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
YParham Y Parrish N Patten
Pettit Pinkston YPoag Y Porter
Y Poston Y Powell y Randall YRansom YRay
Y Resves N Redding Y Richardson
Ricketeon Y Robinson y Royal
YSelman Y Simpson Y Sinkfield Y Smith,L

THURSDAY, FEBRUARY 15, 1990

1205

Y Smith,P
Smith,T NSmith,W
Smyre NSnow Y Stancil,F
Y Stancil,S

Y Stanley
Steele Y Stephens
Streat Y Teper Y Thomas,C
Y Thomas,M

Y Thompson Y Thurmond Y Titus Y Tolbert N Townsend
Twiggs N Vaughan

Y Waddle Walker,C
N Walker,L Y Wall NWare
Watson Y Watts

y White
NWilder YWilliams,B NWilliams,J N Yatea Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 121, nays 26.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

Representative Pettit of the 19th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative 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 Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 349. By Senator Fuller of the 52nd:
A bill to amend an Act providing for the election of the judge of the Juvenile Court of Floyd County so as to provide that the salary of such judge shall be set by the governing authority of Floyd County; to provide that such judge shall devote his full time to the duties of his office and shall not engage in the private practice of law; to provide for an effective date.

The following Senate amendment was read:

Amend the House substitute to SB 349 by adding after "shall be" on line 5 of page 3 the following:
"no less than $40,500.00 and shall be".

Representative Smith of the 16th moved that the House agree to the Senate amendment to the House substitute to SB 349.
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 Resolution of the House was taken up for consideration and read the third time:

HR 836. By Representatives Coleman of the 118th, Dover of the 11th, Royal of the 144th, Balkcom of the 140th, Godbee of the llOth and others

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

1206

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph to read as follows:
"(a) All taxes shall be levied and collected under general laws and for public purpos~s onl;y. Real property shall be appraised and assessed for ad valorem taxation on the bas1s Qf 1ts current use value. Except as otherwise provided in this subparagraph and
!!! subparagraphs (c) and (d), all taxation shall be uniform upon the same class of sub-
jects within the territorial limits of the authority leyying the tax."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ) NO

Shall the Constitution be amended so as to provide that all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following amendment was read and lost:

Representative Morton of the 47th moves to amend HR 836 as follows:
Strike the words "current use value" wherever they appear, and insert in lieu thereof the words "assessed value as of 1990, or actual sales price on or after January 1, 1991."

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 N Abernathy
Y Adams Y Aiken Y Alford NAllen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Batea y Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove N Brooks

Y Brown
Y Buck
Y Buford Y Byrd Y Campbell Y Carrell Y Carter YCbambless Y Chance Y Cheeks Y Childers N Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
N Couch Y Crawford Y Crosby
Y Cummings,B Cummings,M
Y Davis,C Davis,G
Y Davis,M Y Dixon,H

Y Dixon,S y Dobbe
Y Dover
YDunn Y Edwards y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffm Y Groover Y Hamilton Y Hanner YHarris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland

NHolmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W
Y Jamieson Y Jenkina Y Johnson Y Jones
Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson y Lee
Y Linder YLong
Y Lord Y Lucas Y Lupton y Mangum

N Martin Y McCoy
Y McDonald Y McKelvey N McKinney,B N McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
N Oliver,M YOrr N Orrock Y Padgett Y Pannell YParbam Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter

Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson

THURSDAY, FEBRUARY 15, 1990

y Royal
Y Selman Y Simpson N Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre Y Snow

Y Stancil,F Y Stancil,S N Stanley
Y Steele Y Stephens Y Streat Y Teper
Thomas,C N Thomas,M YTbompson

N Thurmond Y Titus Y Tolbert
Y Townsend y Twiggs Y Vaughan
Y Waddle N Walker,C Y Walker,L
Y Wall

1207

YWare

Y Watson

Y Watts

N White

Y Wilder

Y N

Wwiilllliiaammsa',BJ

Y Yates

Y Yeargin

Murphy,Spkr

On the adoption of the Resolution, the ayes were 155, nays 18.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

Representative Abernathy of the 39th 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 has adopted by the requisite constitutional majority the following Resolution of the House:

HR 863. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th, Edwards of the 112th, Walker of the 115th and others:
A resolution relative to adjournment.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

1208

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1811 Do Pass HB 1596 Do Pass, by Substitute SB 414 Do Pass

SB 472 Do Pass SB 449 Do Pass SB 630 Do Pass, as Amended

Respectfully submitted, /s/ Randall of the 101st
Chairman

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1714. By Representative Crawford of the 5th:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Chattooga County Hospital Authority, so as to change the method of filling such vacancies.

The following Senate substitute was read:

A BILL
To amend an Act providing for the method of filling vacancies in the membership of the Chattooga County Hospital Authority, approved March 25, 1986 (Ga. L. 1986, p. 4135), so as to change the method of filling such vacancies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the method of filling vacancies in the membership of the Chattooga County Hospital Authority, approved March 25, 1986 (Ga. L. 1986, p. 4135), is amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The governing authority of Chattooga County shall appoint three members of the Chattooga County Hospital Authority and the grand jury of Chattooga County shall appoint the remaining four members. No term of office of any member of the authority shall be shortened and the distribution of appointments between the county governing authority and the county grand jury shall be phased in, as provided in this Act, as regular terms of office expire on June 30 of any year.
(b) For the purpose of distributions of appointments as provided in subsection (a) of this section, the positions on the authority shall be designated positions 1 through 7. The county grand jury shall appoint members for the four odd-numbered positions and the county governing authority shall appoint members for the three even-numbered positions. The first vacancy which occurs after June 30, 1990, shall be for position 2 and

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the next vacancy shall be for position 3. Thereafter, vacancies shall alternate in numbered sequence as they occur between even and odd-numbered positions so that the appointing authority shall alternate between the county governing authority and the county grand jury for every other vacancy.
(c) (1) Appointments by the county grand jury shall be filled by a person selected by the grand jury for the August term next preceding the occurrence of the vacancy. The county grand jury shall make appointments from nominees selected as follows:
(A) The Chattooga County Hospital Authority shall select three candidates for each such vacancy;
(B) The chairman of the hospital authority shall furnish the names of the three nominees to the foreman of the grand jury; and
(C) The grand jury shall then select the person to fill the vacancy from among the names submitted to the grand jury. (2) If the grand jury rejects all three nominees submitted under paragraph (1) of this subsection, the same process shall be followed for an additional three nominees, and the grand jury shall be required to fill the vacancy from the two lists of nominees. (d) In the event the county grand jury, for any reason, fails to fill a vacancy as provided in subsection (c) of this section, the next succeeding grand jury shall fill the vacancy under the same procedures provided for in said subsection (c) of this section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Crawford of the 5th moved that the House agree to the Senate substitute to HB 1714.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th, Smith of the 156th, Walker of the 115th and others:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or certified under such chapter.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or certified under such chapter; to provide for procedures; to require a minimum number of hours of continuing education; to provide for approval of certain courses; to provide for waivers; to provide for authority of the board; to provide that an applicant for a license to practice medicine in this state shall be required to accept and treat medicare and Medicaid patients; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths; and physician's assistants, is amended by adding at the end thereof a new Code section, to be designated Code Section 43-34-3, to read as follows:

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"43-34-3. (a) The board shall be authorized to require persons licensed or certified under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations, including, but not limited to, the American Medical Association, the National Medical Association, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned.
(b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or in cases where physicians or physicians' assistants are entering fellowships, new specialty residencies, postgraduate specialty programs, or under such other circumstances as the board deems appropriate.
(c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
(d) An applicant for a license to practice medicine in this state shall be required to accept and treat medicare and Medicaid patients."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Green of the 106th moved that the House disagree to the Senate substitute to HB 702.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the House were taken up for consideration and read the third time:

HR 779. By Representatives Smith of the 156th, Fennel of the 155th, Walker of the 115th and Coleman of the 118th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a certain beach area, in, on, over, under, across, or through property owned or claimed by the State of Georgia in Glynn County, Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 96, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1678. By Representatives Ware of the 77th, Dunn of the 73rd, Lawson of the 9th, Groover of the 99th, Jones of the 71st and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for prepaid limited health care service organizations; to provide for a short title.

The following amendment was read and adopted:

The Committee on Insurance moves to amend HB 1678 by adding on line 25 of page 4 after "the" and before "partners" the following:
"general".
By adding on line 3 of page 12 after "providers" and before "shall" the following:

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"or with entities subcontracting for the provision of limited health services to enrollees".
By striking lines 32 through 34 of page 12 and inserting in lieu thereof the following:
"(6) Any other amendment to the provider agreement must be submitted to the Commissioner at least 30 days prior to its effective date."

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 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 778. By Representatives Edwards of the 112th, Dobbs of the 74th, Hooks of the 116th and Adams of the 79th

A RESOLUTION
Creating the Joint Study Committee on Hazardous Waste Management; and for other purposes.
WHEREAS, Code Section 12-8-61 of the O.C.G.A. declares it to be the policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive state-wide program for the management of hazardous waste through the regulation of the generation, storage, treatment, and disposal of hazardous wastes; and
WHEREAS, the rapid growth in the industrial, commercial, and residential population of Georgia is contributing to a continually growing amount of hazardous waste which must be properly managed and reduced; and
WHEREAS, Georgia reportedly ranks 19th nationally in total toxic releases into the environment and ranks 11th in toxic releases to the air, ranks fourth in toxic releases to surface water, and ranks 25th in toxic releases on land; and
WHEREAS, every political jurisdiction contains toxic waste generators which require expensive hazardous waste management approaches by state and local governments as well as by existing and relocating industries; and
WHEREAS, the United States Environmental Protection Agency reports that 15 industrial plants in Georgia ranked among the top 500 polluters in terms of total hazardous releases and three of these plants were ranked within the top 100 plants with releases of cancer-causing chemicals; and
WHEREAS, several industries in Georgia have experienced success with hazardous waste reduction programs as have industries in other states; and
WHEREAS, toxic use reduction would be beneficial to the health of the people of Georgia and would be beneficial to the industry and government of Georgia by increasing the efficiency and profitability of Georgia industry; and
WHEREAS, since 1980, there have been 11,048 toxic chemical accidents in the United States, resulting in 309 deaths, 11,000 injuries, and the evacuation of 500,000 people; and
WHEREAS, the provision of environmentally and financially sound hazardous waste management services can best be accomplished by a state-wide hazardous waste management approach which embodies the following hierarchy:

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(1) Waste reduction; (2) In-process recycling (reuse); (3) Waste minimization; and (4) Treatment and disposal, including incineration; and
WHEREAS, it has come to the attention of the General Assembly that substantial opportunity now exists for the implementation of toxic use reduction in the State of Georgia; and
WHEREAS, successful implementation of an environmentally and financially sound approach to hazardous waste management is dependent upon the existence of comprehensive, state-wide legislation and is preceded by the development of sound and implementable local, regional, and state plans for hazardous 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 hazardous 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 Hazardous Waste Management 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, six members from the public and private sectors to be appointed by the Governor, and three members of the executive branch of state government. The executive branch members shall be the commissioner of natural resources or his designee, the director of the Office of Energy Resources or his designee, and the director of the Georgia Emergency Management Agency or his designee. The members of the public and private sector shall be as follows: one representative of a hazardous waste generating industry which has successfully implemented a toxic use reduction plan; one representative of an environmental consulting firm which has successfully implemented toxic use reduction plans for industry; one representative of an environmental organization; one representative of the hazardous waste management industry; one representative of the academic community with expertise in environmental engineering, environmental science, or environmental health; and one representative of an on-site hazardous waste reduction and recycling industry. The Speaker of the House and the President of the Senate shall each appoint a cochairman. The cochairmen 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. 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 in this resolution, 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, 1990. The committee shall stand abolished on December 31, 1990.

The following amendment was read and lost:

Representative Davis of the 72nd moves to amend HR 778 as follows:

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The members as appointed by the Speaker of the House of Representatives shall be comprised of members from the two major political parties according to their respective membership of aforesaid body. However no less than one member from each of two political parties shall be appointed.
The following amendment was read and adopted:
The Committee on Rules moves to amend HR 778 by striking the figure "20" on line 27 and inserting in lieu thereof "10".
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 Allen Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M
Y Bates y Beck
Y Benefield Y Bonn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Y Dixon,S
Y Dobbs Y Dover YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
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 Lord
Lucas Y Lupton
Mangum Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley
Moody Y Morton Y Moultrie Y Mueller Y Oliver,C YO!iver,M
Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall YRansom
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 YSmith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Y Streat Y Teper YThomas,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 YWare Y Watson Y Watts
White Y Wilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 158, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1219. By Representatives Robinson of the 96th and Buck of the 95th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.

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The following Senate substitute was read:

A BILL
To amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts; 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 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, is amended by redesignating subsection (b) as subsection (c) and by inserting immediately following subsection (a) a new subsection (b) to read as follows:
"(b) If a contract of life insurance is issued as authorized in paragraph (1), (2), or (3) of subsection (a) of this Code section, the insurer shall be required to give written notice of such life insurance in accordance with this subsection. At the time of the issuance or delivery of the contract of insurance, notice of the issuance of the policy shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the home, business, or other address of record of the insured. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or obtain such other evidence of mailing as prescribed or accepted by the United States Postal Service. The insurer shall not be required to provide the notice set forth in this subsection with respect to any application for credit life insurance; any insured who is employed by a public corporation or a private corporation having not fewer than 100 employees; any insured who is older than the age of majority and who has signed or otherwise acknowledged the application in writing; any application for insurance covering the life of a minor; or any application for a contract of life insurance with a face amount of $10,000.00 or less."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Robinson of the 96th moved that the House disagree to the Senate substitute to HB 1219.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 868. By Representative Bailey of the 72nd:
A resolution congratulating Agnes and Jim Morris on the occasion of their 50th wedding anniversary.

HR 869. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution recognizing the E.J. Swint Elementary School on the occasion of its 20th anniversary.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1575.

By Representative Meadows of the 91st:
A bill to amend an Act incorporating the City of Manchester, so as to provide that those members of the board of commissioners elected at the general election in November, 1988 shall serve until December 31, 1991.

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The following Senate substitute was read:

A BILL
To amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4757), so as to provide for a municipal election in December, 1990; to provide for terms of office for officers elected at such election; to provide for municipal elections in November, 1991, and in succeeding years; to provide for terms of office for officers elected at such elections; 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 incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4757), is amended by striking in its entirety Section 4 and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) A municipal election shall be held on the first Tuesday in December, 1990, for the election of the four members from the districts described in Section 2 of this Act and the member elected at large. The five members so elected shall take office on January 1 following their election for terms of one year and until their successors are elected and qualified.
(b) On the Tuesday next following the first Monday in November, 1991, and biennially thereafter, there shall be elected the four members from the districts described in Section 2 of this Act and the member elected at large. The five members so elected shall take office on January 1 following their election for terms of two years and until their successors are elected and qualified.
(c) In the event that a member moves his residence from the district the member represents, that position on the board of commissioners shall immediately become vacant. Vacancies on the commission created by death, by resignation, or otherwise shall be filled by a special election held in accordance with the requirements of Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code."'
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 Meadows of the 91st moved that the House agree to the Senate substitute to HB 1575.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 1559.

By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the deannexation of certain property from the corporate limits of said city.

The following Senate substitute was read:

A BILL
To amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to provide for the inclusion of certain property within the corporate limits of said city; to provide for the

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deannexation of certain property from the corporate limits of said city; to change the provisions relating to the election of the mayor and members of the council; to change the provisions relating to terms of office; to change the provisions relating to organizational meetings; to change the provisions relating to the date of the regular city election; to provide for elections to be held in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, is amended by adding at the end of subsection (a) of Section 1-105 two new paragraphs to read as follows:
"Also included within the corporate limits of said city is the following described tract of land, to wit:
All that tract or parcel of land lying and being in Land Lots 139, 140, 147, and 148 of the Fifth Land District in Houston County, Georgia, and being more particularly described as follows:
Beginning at a point on the southerly right of way of Watson Boulevard (SR 247 Connector) 350 feet westerly of the easterly line of Land Lot 147; thence in a westerly direction along the southerly right of way of said Watson Boulevard to a point where the southerly right of way of said Watson Boulevard intersects with the westerly right of way of Carl Vinson Parkway; thence in a northerly direction along the extension of the westerly right of way of said Carl Vinson Parkway to a point where westerly right of way of said Carl Vinson Parkway intersects with the northerly right of way of Watson Boulevard; thence in an easterly direction along the northerly right of way of said Watson Boulevard to a point 350 feet westerly of the easterly line of Land Lot 148; thence in a southerly direction along a line parallel to the easterly lines of Land Lots 148 and 147 to a point, being the point of beginning. The following described property shall be deannexed from and shall not be included within the corporate limits of the City of Warner Robins, to wit:
All that tract or parcel of land lying and being in Land Lots 95 and 96 of the Fifth Land District in Houston County, Georgia, and being more particularly described as follows:
BEGINNING at a point where the northerly boundary of Watson Boulevard (SR 247 Connector) intersects with the common line between Land Lots 95 and 114; thence in a westerly direction along the northerly boundary of said Watson Boulevard to a point 50 feet westerly and parallel to the common line between said Land Lots 95 and 114; thence in a northerly direction along a line 50 feet westerly and parallel to the common lines between Land Lot 95, 96, 113 and 114 to a point on the southerly boundary of West Church Street; thence in an easterly direction along the southerly boundary of West Church Street to a point on the common line between Land Lots 96 and 113; thence in a southerly direction along a common line between Land Lot 95, 96, 113 and 114 to a point on the northerly boundary of said Watson Boulevard, said point being the point of beginning."
Section 2. Said Act is further amended by striking Section 2-101 in its entirety and inserting in lieu thereof a new Section 2-101 to read as follows:
"Section 2-101. The legislative authority of the government of the City of Warner Robins, except as otherwise specifically provided in this charter, shall be vested in the mayor and six city council members. The mayor and council members shall be elected in the manner provided by this charter."
Section 3. Said Act is further amended by striking Section 2-401 in its entirety and inserting in lieu thereof a new Section 2-401 to read as follows:
"Section 2-401. Organizational meeting. (a) The mayor and council members shall be sworn in upon the date they assume their offices. The mayor and council shall meet for organization on the first Monday in December following each regular municipal election or, if that date is a legal holiday, on the next following date which is not a legal holiday; provided, however, that, subsequent to the members' being elected to the council at the

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general municipal election in 1995, the mayor and council members shall meet for organization on the first regular business day in January, 1996, and on such date biennially thereafter following such general municipal elections.
(b) The newly elected or reelected mayor and council members shall each qualify to take office by taking the following oath of office to be administered by a judge of the Superior Court of Houston County:
'I do solemnly swear (or affirm) that I will truly perform to the best of my abilities the duties of "Mayor or Council Member," as the case may be, by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Warner Robins and the common interest thereof. I do further solemnly swear or affirm that I am otherwise qualified to hold said office according to the Constitutions of the United States of America and the State of Georgia and the Charter of the City of Warner Robins, and I will support the Constitutions of the United States of America and the State of Georgia.' (c) At the organizational meeting provided for in subsection (a) of this section, the newly reorganized mayor and council shall make all appointments and selections as may be required by this charter or by ordinance. (d) A special meeting may be called to install any member elected by a special election or otherwise appointed to the council."
Section 4. Said Act is further amended by striking Section 3-101 in its entirety and inserting in lieu thereof a new Section 3-101 to read as follows:
"Section 3-101. Application of general laws. All municipal general or special elections and primaries shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code,' as now or hereafter amended."
Section 5. Said Act is further amended by striking Section 3-102 in its entirety and inserting in lieu thereof a new Section 3-102 to read as follows:
"Section 3-102. Regular elections, time for holding; specifying post. (a) The mayor and council members serving on the effective date of this section shall continue to serve out the terms of office to which they were elected.
(b) (1) An election for council member Posts 2, 4, and 6 shall be held on the Tuesday after the first Monday in October, 1990, and the members elected to Posts 2, 4, and 6 shall take office on the first Monday in December following the municipal election or, if that date is a legal holiday, on the next following date which is not a legal holiday for terms of office which expire December 31, 1995. Successors to said council members elected to Posts 2, 4, and 6 shall be elected at the general municipal election held on the Tuesday next following the first Monday in November in 1995 and on such day quadrennially thereafter, and such successors shall take office on the first day of January following their election for terms of office of four years.
(2) An election for mayor and council member Posts 1, 3, and 5 shall be held on the Tuesday after the first Monday in October, 1992, and the mayor and members elected to Posts 1, 3, and 5 shall take office on the first Monday in December following the municipal election or, if that date is a legal holiday, on the next following date which is not a legal holiday, for terms of office which expire December 31, 1997. Successors to said council members elected to Posts 1, 3, and 5 shall be elected at the general municipal election held on the Tuesday next following the first Monday in November in 1997 and on such day quadrennially thereafter, and such successors shall take office on the first day of January following their election for terms of office of four years. (c) There shall be established for municipal general elections six posts numbered 1, 2, 3, 4, 5, and 6. Every person who offers for nomination or election as a council member shall designate and qualify with the proper authority for a specific post by designating the post of his or her choice to seek nomination or election to such post and none other. All election authorities, when conducting general elections for nomination or election as council members, shall conduct such election so that candidates will qualify and run for specific posts as though such post were each separate from the others and as separate contests.

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(d) The mayor and council members must each receive a majority of the votes cast in order to be elected to the office or post for which they are candidates. In the event that no candidate receives a majority of the votes cast in a particular race, the two candidates receiving the highest number of votes shall participate in a run-off election which shall be held 14 days after the date of the general election."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Waddle of the 113th moved that the House agree to the Senate substitute to HB 1559.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:

SB 533. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources.

The following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources; to provide for permits; to provide for procedures and requirements with respect to permits; to provide for examination and certification of certain operators; to provide for procedures and limitations with respect to siting near certain county boundaries, certain National Historic Sites, or certain significant ground-water recharge areas; to provide for restrictions regarding the permitting of certain landfills; to provide for public meetings with respect to site selection; to provide for notice; to provide for standards for certain facilities receiving special solid waste; to provide for transportation, fees, inspection, and prohibitions with respect to special solid waste; to provide for a solid waste trust fund; to require adequate financial responsibility with respect to certain facilities; to prohibit certain acts with respect to solid waste handling; to regulate the disposal of certain lead acid vehicle batteries; to provide for investigation and enforcement authority of the director; to provide for certain confidentiality; to provide for certain orders; to provide for administrative hearings and procedures; to provide for injunctive relief; to provide for legal assistance for the director; to provide for civil and criminal penalties; to provide for applicability; to provide for a State Solid Waste Management Plan; to provide for contents and required provisions; to provide for powers and duties of the Department of Community Affairs, the Environmental Protection Division of the Department of Natural Resources, and the Georgia Environmental Facilities Authority with respect to such plan; to provide

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for the development and implementation of local solid waste management plans; to provide for powers and duties of the Department of Community Affairs with respect to such plans; to provide for certain permit restrictions with respect to such plans; to provide for reports and record keeping; to provide for permits for certain regional facilities; to provide for procedures and negotiation with respect to such permits; to provide for a Recycling Market Development Council; to provide for membership, powers, duties, and authority; to provide for the labeling of certain rigid plastic containers or bottles; to provide for powers and duties of the commissioner of administrative services; to provide for a state solid waste collection program; to authorize the director to receive and administer certain financial aid; to provide for certain state grants; to provide for retention and use of certain funds; to provide for certain cost reimbursement fees and certain surcharges; to provide for a reduction in the generation of solid waste; to require certain accounting; to provide for certain exceptions with respect to applicability; to provide for the regulation of tire disposal; to authorize the imposition of certain restrictions regarding yard trash; to provide for regional solid waste management authorities; to provide for a short title; to provide for findings, determinations, and policies; to prohibit certain competition; to provide for certain tax exemptions; to provide for definitions; to provide for the creation of such authorities; to provide for control and management; to provide for directors; to provide for powers, duties, and authority of such authorities; to provide for limitations on liability; to provide for bonds and other obligations of such authorities; to provide for procedures with respect to such bonds and other obligations; to provide that such bonds or obligations shall not constitute certain state or local indebtedness; to provide for statutory construction; to provide for all related matters; to amend Article I of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, so as to provide for additional powers, duties, and authority of the department with respect to solid waste management education; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking Article 2, relating to solid waste handling and disposal, and inserting in its place a new Article 2 providing for solid waste handling and disposal and creating certain authorities to read as follows:
"ARTICLE 2 Part I
12-8-20. This part shall be known and may be cited as the 'Georgia Comprehensive Solid Waste Management Act.'
12-8-21. (a) It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive state-wide program for solid waste management which will assure that solid waste facilities, whether publicly or privately operated, do not adversely affect the health, safety, and well-being of the public and do not degrade the quality of the environment by reason of their location, design, method of operation, or other means and which, to the extent feasible and practical, makes maximum utilization of the resources contained in solid waste.
(b) It is further declared to be the policy of the State of Georgia to educate and encourage generators and handlers of solid waste to reduce and minimize to the greatest extent possible the amount of solid waste which requires collection, treatment, or disposal through source reduction, reuse, composting, recycling, and other methods and to promote markets for and -engage in the purchase of goods made from recovered materials and goods which are recyclable.
(c) It is the intent of the General Assembly that every effort be undertaken to reduce on a state-wide per capita basis the amount of municipal solid waste being received at disposal facilities during fiscal year 1992 by 25 percent by July I, 1996; provided, however, that counties and municipalities that establish an annual measurement

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of municipal solid waste being received at disposal facilities prior to the end of fiscal year 1992 shall be given credit for reductions achieved based on that measurement period prior to fiscal year 1992.
(d) It is further the intent of the General Assembly that the director of the Environmental Protection Division of the Department of Natural Resources shall be the official charged with primary responsibility for the solid waste management program. The director, in exercising any authority granted in this part, shall conform to and implement the policies outlined in this part and shall at all times coordinate his activities with those of other state agencies and local political jurisdictions so as to achieve a unified and effective solid waste management program in the state.
(e) It is further intended by the General Assembly that the director of the Environmental Protection Division of the Department of Natural Resources shall, in exercising any authority granted in this part, recognize that the states which share common borders with Georgia also share the vital natural resources of clean air, clean surface waters, and clean ground waters which flow across those common borders and that, therefore, those bordering states have a mutual interest with Georgia to manage solid waste in a manner that does not threaten to contaminate the shared natural resources. The director shall also recognize, however, that such mutual interest may not exist between Georgia and states which do not share common borders and natural resources with it. Therefore, the director is instructed to be particularly mindful of the need to monitor, inspect, and regulate closely that solid waste generated from sources located in states not sharing common borders and natural resources with Georgia.
12-8-22. As used in this article, the term: (1) 'Biomedical waste' means pathological waste, biological waste cultures and
stocks of infections agents and associated biologicals, contaminated animal carcasses, (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board, and other such waste materials.
(2) 'Board' means the Board of Natural Resources of the State of Georgia. (3) 'Certificate' means a document issued by a college or university of the University 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. (4) 'Closure' means a procedure approved by the division which provides for the cessation of waste receipt at a solid waste disposal site and for the securing of the site in preparation for postclosure. (5) 'Composting' means the controlled biological decomposition of organic matter into a stable, odor-free humus. (6) 'Contaminant' means any physical, chemical, biological, or radiological substance or matter. (7) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (8) 'Disposal facility' means any facility or location where the final deposition of solid waste occurs and includes but is not limited to landfilling and solid waste thermal treatment technology facilities. (9) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (10) 'Financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste handling facilities. Available financial responsibility mechanisms include but are not limited to insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, financial tests, and corporate guarantees as defined in 40 C.F.R. Part 264 Subpart H - Financial Requirements. (11) 'Generator' means any person in Georgia or in any other state who creates solid waste. (12) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated pursuant to the federal act by the administrator of the

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United States Environmental Protection Agency which are in force and effect on February 1, 1990, codified as Appendix VIII to 40 C.F.R. Part 261 - Identification and Listing of Hazardous Waste.
(13) 'Label' means a code label described in paragraphs (3) and (4) of subsection (b) of Code Section 12-8-34.
(14) 'Landfill' means an area of land on which or an excavation in which solid waste is placed for permanent disposal and which is not a land application unit, surface impoundment, injection well, or compost pile.
(15) 'Leachate collection system' means a system at a landfill for collection of the leachate which may percolate through the waste and into the soils surrounding the landfill.
(16) '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.
(17) 'Materials recovery facility' means a solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
(18) 'Municipal solid waste' means any solid waste resulting from the operation of residential, commercial, governmental, or institutional establishments except such solid waste disposed of in a private industry solid waste disposal facility. The term includes yard trash but does not include solid waste from mining, agricultural, or silvicultural operations.
(19) 'Municipal solid waste disposal facility' means any facility or location where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under Subtitle D of the federal Resource Conservation and Recovery Act of 1976, as amended, and includes, but is not limited to, municipal solid waste landfills and solid waste thermal treatment technology facilities.
(20) 'Municipal solid waste landfill' means a disposal facility where any amount of municipal solid waste, whether or not mixed with or including other waste allowed under Subtitle D of the federal Resource Conservation and Recovery Act of 1976, as amended, is disposed of by means of placing an approved cover thereon.
(21) 'Operator' means the person stationed on the site who is in responsible charge of and has direct supervision of daily field operations of a municipal solid waste disposal facility to ensure that the facility operates in compliance with the permit.
(22) 'Person' means the State of Georgia or any other state or any agency or institution thereof and any municipality, county, political subdivision, public or private corporation, solid waste authority, 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, solid waste authority, 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.
(23) 'Postclosure' means a procedure approved by the division to provide for longterm financial assurance, monitoring, and maintenance of a solid waste disposal site to protect human health and the environment.
(24) 'Private industry solid waste disposal facility' means a disposal facility which is operated exclusively by and for a private solid waste generator for the purpose of accepting solid waste generated exclusively by said private solid waste generator.
(25) 'Recovered materials' means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.
(26) 'Recovered materials processing facility' means a facility engaged solely in the storage, processing, and resale or reuse of recovered materials. Such term shall not

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include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste.
(27) 'Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
(28) 'Rigid plastic bottle' means any rigid plastic container with a neck that is smaller than the container body with a capacity of 16 ounces or more and less than five gallons.
(29) 'Rigid plastic container' means any formed or molded part comprised predominantly of plastic resin, having a relatively inflexible finite shape or form, and intended primarily as a single-service container with a capacity of eight ounces or more and less than five gallons.
(30) 'Solid waste' means discarded putrescible and nonputrescible waste, except water carried body waste and recovered materials, and shall include garbage; rubbish, such as paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage; ashes; street refuse; dead animals; sewage sludges; animal manures; industrial waste, such as waste materials generated in industrial operations; residue from solid waste thermal treatment technology; food processing waste; demolition waste; abandoned automobiles; dredging waste; construction waste; and any other waste material in a solid, semisolid, or liquid state not otherwise defined in this part. Such term shall not include any material which is regulated pursuant to Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' or Chapter 9 of this title 'The Georgia Air Quality Act of 1978.'
(31) 'Solid waste handling' means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid waste or any combination of such activities.
(32) 'Solid waste handling facility' means any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal,
or any combination thereof, of solid waste. (33) 'Solid waste thermal treatment technology' means any solid waste handling
facility the purpose of which is to reduce the amount of solid waste to be disposed of through a process of combustion, with or without the process of waste to energy.
(34) '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 under such article originating or produced from or by a source or generator not subject to regulation under Code Section 12-8-24.
(35) 'Tire' means a continuous solid or pneumatic rubber covering designed for encircling the wheel of a motor vehicle and which is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment.
(36) 'Waste to energy facility' means a solid waste handling facility that provides for the extraction and utilization of energy from municipal solid waste through a process of combustion.
(37) 'Yard trash' means vegetative matter resulting from landscaping maintenance and land-clearing operations other than mining, agricultural, and silvicultural opera-
tions. 12-8-23. In the performance of its duties the board shall have and may exercise the
power to: (I) Adopt, promulgate, modify, amend, and repeal rules and regulations to imple-
ment and enforce the provisions of this part as the board may deem necessary to provide for the control and management of solid waste to protect the environment and the health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area or may vary by waste characteristics, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this part. The rules and regulations may include, but shall not be limited to,
the following: (A) Rules and regulations governing and controlling solid waste handling, includ-
ing measures to ensure that solid waste management practices are regulated, governed, and controlled in the public interest;

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(B) Rules and regulations prescribing the procedure to be followed in applying for permits and requiring the submission of such plans, specifications, verifications, and other pertinent information deemed relevant in connection with the issuance of such permits;
(C) Rules and regulations concerning the establishment of permits by rule; (D) Rules and regulations establishing the use of a manifest during the generation and handling of special solid waste; (E) Rules and regulations governing and controlling the handling of special solid waste and biomedical waste; (F) Rules and regulations establishing criteria and a system of priorities for the distribution of any state funds as may be made available through a grant-in-aid program to assist financially local governmental agencies or authorities in the planning, implementing, maintaining, or operating of solid waste handling systems which are consistent with local and regional solid waste management plans; (G) Rules and regulations establishing procedures and requirements for the postclosure care of all solid waste disposal facilities, including but not limited to corrective action of releases, ground-water monitoring, and maintenance of final cover; (H) 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 part and for the implementation of financial responsibility instruments; and (I) Rules and regulations establishing qualifications for municipal solid waste disposal facility operators and certification of such operators through colleges or universities of the University System of Georgia or other organizations as may be determined acceptable by the board; and (2) Take all necessary steps to ensure the effective enforcement of this part. 12-8-23.1. (a) The director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this part and all rules and regulations, orders, or permits promulgated or issued under this part; (2) To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to solid waste management practices as he deems advisable and necessary; (3) (A) To issue all permits contemplated by this part, stipulating in each permit the conditions or limitations under which such permit is to be issued, and to deny, revoke, transfer, modify, suspend, 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 the 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 the five years preceding the application for a permit;
(v) Has knowingly, willfully, and consistently violated the prohibitions specified in Code Section 12-8-30.7; or
(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 the five years preceding the application for a permit;

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(4) To make investigations, analyses, and inspections to determine and ensure compliance with this part, the rules and regulations promulgated under this part, and any permits or orders which the director may issue;
(5) To enter into such contracts as may be required or necessary to effectuate this part or the rules and regulations promulgated under this part;
(6) To prepare, develop, amend, modify, submit, and implement any comprehensive plan or program sufficient to comply with this part or any applicable federal act, or both, for the control, regulation, and monitoring of solid waste management practices in this state and to enforce such plan or program;
(7) To advise, consult, cooperate, and contract on solid waste management matters with other agencies of this state, political subdivisions of this state, and other desig nated organizations, authorities, or entities and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations or entities;
(8) To issue, amend, modify, or revoke orders as may be necessary to ensure and enforce compliance with this part and all rules or regulations promulgated under this part;
(9) To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative, civil, or criminal proceedings to enforce this part, the rules and regulations promulgated under this part, or any orders or permits issued under this part;
(10) To accept, receive, administer, and disburse grants from public or private sources for the purpose of the proper administration of this part or for the purpose of carrying out any of the duties, powers, or responsibilities under this part;
(11) To grant variances in accordance with this part and the rules and regulations promulgated under this part, provided that such variances are not inconsistent with any applicable federal act and rules or regulations promulgated under such federal act;
(12) To require any person who is engaged in solid waste handling subject to the permit by rule provisions of this part to notify the division in writing, within a reasonable number of days which the director shall specify, of the location and general description of such activity, identify the solid waste handled, and give any other information which may be deemed relevant, under such conditions as the director may prescribe;
(13) To render technical assistance to state, regional, and local governments and others in the planning and operation of solid waste handling;
(14) To develop criteria and a system of priorities for the distribution of any state funds as may be available through a state grant-in-aid program to assist financially local governments and authorities in the planning, implementing, maintaining, or operating of solid waste handling systems which are consistent with local and regional solid waste management plans prepared in accordance with the requirements of this part;
(15) To approve or disapprove projects for which loans or grants are made under any state or federal act to any municipality, county, authority, or agency of the state for the purpose of solid waste handling; provided, however, the financial review and approval or disapproval for a loan will be made by the Georgia Environmental Facilities Authority;
(16) To develop environmental standards for solid waste management planning to assist local governments, authorities, and corporations in the preparation of local and regional plans prepared in accordance with the requirements of this part;
(17) To advise and consult, cooperate, and contract with other agencies of this state, authorities, political subdivisions of this state, and other designated agencies, entities, persons, and corporations and with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations and entities on matters concerning educating the public on all aspects of proper solid waste management; and
(18) To exercise all incidental powers necessary to carry out the purposes of this part.

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(b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as he deems necessary and proper.
12-8-24. (a) No person shall engage in solid waste or special solid waste handling in Georgia or construct or operate a solid waste handling facility in Georgia, except those individuals exempted from this part under Code Section 12-8-30.10, without first obtaining a permit from the director authorizing such activity.
(b) On or after the effective date of this part, any permit for the transportation of municipal solid waste from a jurisdiction generating solid waste to a municipal solid waste disposal facility located in another county shall be conditioned upon the jurisdiction generating solid waste developing and being actively involved in, by July 1, 1992, a strategy for meeting the state-wide goal of waste reduction by July 1, 1996.
(c) If the director determines that such activity will result in any violation of this part or any rule or regulation promulgated pursuant to this part, 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 by the governing authority of the county or municipality in which the municipal solid waste or special solid waste handling shall occur not less than two weeks prior 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 a newspaper of general circulation serving the county or counties in which the proposed activity will be conducted at least 30 days prior to such hearing.
(d) The director may amend, suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions or fails to perform solid waste handling in accordance with this part or rules promulgated under this part.
(e) In the event of the modification, suspension, amendment, 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 solid waste handling facility, the director shall require written verification to be furnished by the applicant that the proposed facility complies with local zoning or land use ordinances, if any; and after July 1, 1992, that the proposed facility is consistent with the local or regional solid waste management plan developed in accordance with standards promulgated pursuant to this part subject to the provisions of Code Section 12-8-31.1 and that the host jurisdiction and the jurisdiction generating solid waste destined for the applicants' facility can demonstrate that they are actively involved in and have a strategy for meeting the state-wide goal of waste reduction by July 1, 1996.
(g) No permit for a disposal facility shall be issued to any regional solid waste management authority created under Part 2 of this article, the 'Regional Solid Waste Management Authorities Act,' until local and regional solid waste management plans consistent with this part have been developed for all jurisdictions participating in such authority and such plans are found to be consistent with the state solid waste management plan pursuant to subsection (d) of Code Section 12-8-31.1.
(h) No permit shall be issued for a new solid waste thermal treatment technology facility unless the applicant meets or exceeds standards adopted by the board which shall be consistent with and at least as stringent as the Federal New Source Performance Standards for new municipal waste combustors outlined in regulations pursuant to the federal Clean Air Act, 42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. 7401, et seq., as amended.
(i) 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 facility. The division may require any generator in Georgia to cease offering solid waste for handling if such solid waste is not acceptable under standards promulgated by the board, and the division may prohibit the handling of such solid waste until waste management procedures acceptable to the division are developed. Such prohibition shall continue in effect until the waste management procedure for handling is approved in

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writing by the division. Any generator or handler in Georgia which does not comply with a prohibition made under this subsection shall be in violation of this part.
12-8-24.1. (a) After July 1, 1992, no person shall perform the duties of a municipal solid waste disposal facility operator without being duly certified under this Code section.
(b) After July 1, 1992, no municipal solid waste disposal facility shall be operated in Georgia unless the operator is certified under this Code section. All inspectors of municipal solid waste disposal facilities shall be certified to inspect the same.
(c) The division is authorized to cooperate with the University System of Georgia or with any other appropriate organization approved by the director to develop a certification program which conforms with the requirements of this part. The division may classify all municipal solid waste disposal facilities required to have operators certified under this part with due regard to the size, type, character of the solid waste to be disposed of, and other physical conditions affecting such municipal solid waste disposal facilities 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.
(d) Any certificate granted under this Code section shall be renewable as provided by rules of the board.
(e) The division shall approve all examinations and courses to be used in determining the knowledge, ability, and judgment of applicants for certification under this Code section.
(f) Upon application, a certificate may be issued without examination in a comparable classification to any person who holds a valid current certificate in any state, territory, or possession of the United States or any other country, provided that the requirements for certification of operators under which the person's certificate was issued do not conflict with this part and are of a standard not lower than that specified by regulations adopted under this part and provided, further, that reciprocal privileges are granted to certified operators of this state.
(g) The director may investigate the actions of any operator and may revoke or suspend the certificate of an operator when the director finds that the operator has practiced fraud or deception; that reasonable care or 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.
12-8-25. (a) (1) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, from March 15, 1988, through April 1, 1990, no permit shall be issued for a solid waste disposal facility in any county having a population of more than 350,000 according to the United States decennial census of 1980 or any future such census if any part of the site is within one-half mile of an adjoining county without the applicant's first receiving the express approval of the governing authority of that adjoining county; provided, however, that the director may permit such a facility if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending or made on or after March 15, 1988, and to all permits issued prior to May 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
(2) Except as otherwise provided in subsection (b) of this Code section, until after April 1, 1990, no permit shall be issued to a private applicant for a solid waste disposal facility in any county of this state having a population of more than 350,000 according to the United States decennial census of 1980 or any future such census if any part of the site is within two miles of an adjoining county without the applicant's first receiving express approval of the governing authority of the adjoining county. As used in this paragraph, the term 'private applicant' means any private person, firm, corporation, or other private entity, and the term does not mean or include the United States government or any agency thereof, the State of Georgia or any agency, institution, or public authority thereof, or any county or municipality of this state. As used

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in this paragraph, the term 'solid waste disposal facility' shall not mean or include any solid waste disposal facility which incorporates waste to energy processing, recycling, activities associated with the recycling process, or any combination of the foregoing.
(3) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, after April 1, 1990, no permit shall be issued for a solid waste disposal facility in any county if any part of the site is within one-half mile of an adjoining county without the applicant's first receiving the express approval of the governing authority of that adjoining county; provided, however, that the director may permit such a facility if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending on or made after April 1, 1990, and to all permits issued prior to April 1, 1990, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process. (b) (1) Except as otherwise provided in paragraph (2) of this subsection, the consent of an adjoining county as provided in subsection (a) of this Code section shall not be required when the expansion of an existing solid waste disposal facility is granted by the director or when the ownership, direct or indirect, of an existing solid waste disposal facility is transferred.
(2) With respect to the expansion of a solid waste disposal facility for which a permit was initially granted after March 1, 1988, the consent of an adjoining county as provided in subsection (a) of this Code section shall be required if any part of the site as expanded will be within one-half mile of an adjoining county.
12-8-25.1. In order to preserve historic sites and their natural and built environments, no permit shall be issued for a solid waste disposal facility within 5,708 yards of the geographic center of any of the three sites currently designated in Georgia as a National Historic Site; provided, however, that the director may permit a solid waste disposal facility at such a site if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction for the handling of its solid waste. This Code section shall apply to all permit applications made on or after July 1, 1988, and to all permits issued prior to July 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
12-8-25.2. No permit shall be issued for a municipal solid waste landfill if any part of the site is within two miles of an area that has been designated by the director as a significant ground-water recharge area unless such municipal solid waste 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.
12-8-25.3. (a) Notwithstanding the provisions of Code Section 12-8-25.2, no permit shall be issued for a municipal solid waste landfill which accepts solid waste generated from outside the county in which such landfill is located or, in the case of a regional landfill, from outside any of the counties or special districts empowered to engage in solid waste management activities constituting such region if any part of such site is within any area that has been designated by the director as a significant ground-water recharge area.
(b) In addition to the provisions of subsection (a) of this Code section, in the case of a regional municipal solid waste landfill where any part of such site is within any area that has been designated by the director as a significant ground-water recharge area, no permit shall be issued for such regional landfill unless the boundaries of the counties or special districts empowered to engage in solid waste management activities are contiguous and such counties or special districts have entered into a joint contract for the collection and disposal of solid waste.
12-8-26. (a) Any cmtnty, municipality, group of counties, or authority beginning a process to select a site for a municipal solid waste disposal facility must first call at least one public meeting to discuss waste management needs of the local government or region and to describe the process of siting facilities to the public. Notice of this meeting shall be published within a newspaper of general circulation serving such county or

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municipality at least once a week for two weeks immediately preceding the date of such meeting. A regional solid waste management authority created under Part 2 of this article must hold at least one meeting within each jurisdiction participating in such authority, and notice for these meetings must be published within a newspaper of general circulation serving each such jurisdiction at least once a week for two weeks immediately preceding the date of such meeting.
(b) The governing authority of any county or municipality taking action resulting in a municipal solid waste disposal facility siting decision shall cause to be published within a newspaper of general circulation serving 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 and the meeting shall be conducted by the governing authority taking the action.
12-8-27. (a) Owners and operators of solid waste handling facilities which receive waste defined as 'special solid waste' in paragraph (32) of Code Section 12-8-22 shall, in addition to other applicable provisions of this part pertaining to management of solid waste, meet the following standards with respect to the facilities:
(1) (A) No special solid waste handling facility shall be operated or maintained by any person unless adequate financial responsibility, by bonding or other methods established by the board, has been demonstrated to the director to ensure the satisfactory maintenance, operation, closure, and postclosure care of the facility and any corrective action which may be required as a condition of a permit or order of the director.
(B) Postclosure care of a landfill facility by the owner or operator thereof must continue for a period of 30 years after the date of completing closure; (2) The director may condition the issuance of all permits upon such terms and requirements as he, in his discretion, determines to be necessary to enable the division to carry out its responsibilities under this part, including consideration of such factors as the type of waste, sources of waste, degree of difficulty and expense in inspecting and verification at the point of generation, and the need for supervision of the storage, treatment, and disposal; and (3) Owners and operators of solid waste handling facilities receiving special solid waste must develop and implement a waste analysis plan capable of identifying representative samples of all waste received by the facility in accordance with rules and regulations adopted by the board. (b) No special solid waste shall be transported across, within, or through Georgia unless it is accompanied by a manifest properly issued, completed, and filled out in accordance with the rules and regulations promulgated by the board. The manifest shall accompany all special solid waste from the first person handling the waste after generation through all other handling, storage, treatment, and disposal. Any person who transports or receives for disposal any special solid waste in Georgia which is not properly manifested in accordance with the rules and regulations of the board shall be in violation of this part and shall be subject to all penalties available under this part. (c) All owners and operators of facilities treating, storing, or disposing of special solid waste generated outside of Georgia's boundaries shall pay into the solid waste trust fund established in accordance with Code Section 12-8-27.1 a fee of $10.00 per ton. Such fees shall be paid into the solid waste trust fund on a monthly basis in a manner to be prescribed by the director.
(d) The director and his designees are authorized and shall be allowed to inspect in any state the generators, collectors, processors, transporters, and disposers of special solid waste and take appropriate samples. Any generator, collector, processor, transporter, or disposer which handles special solid waste and which obstructs, limits, or prohibits the director or his designee from adequately inspecting such facilities, sources, or handlers or prohibits the proper sampling of such special solid waste as may be generated shall be immediately prohibited from further using any facility in Georgia for the treatment, storage, or disposal of such waste. Such prohibition shall continue for a period of 20 years from the date of notification by the director.

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(e) If any state or local law, ordinance, or regulation in any state prevents the director or his designees from carrying out the responsibilities as required by subsection (d) of this Code section, then special solid waste from generators in that state or local government shall e immediately prohibited from coming into Georgia. Such prohibition shall continue until such time as the state or local law, ordinance, or regulation is changed approp:iately.
12-8-27.1. (al There shall be established the solid waste trust fund. The director shall serve as trustee of the solid waste trust fund. The moneys deposited in such fund pursuant to this Code section, Code Section 12-8-27, and Code Section 12-8-30.6 and all interest earned by such moneys deposited in such fund may be expended by the director, with the approval of the board, for the following purposes:
(1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of contaminants from a disposal facility;
(2) To take preventive or corrective actions where the release of contaminants presents an actual or potential threat to human health or the environment and where the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to closure and postclosure care of a disposal facility and provisions for providing alternative water supplies; and
(3) To take such actions as may be necessary to monitor and provide postclosure care of any disposal facility, including preventive and corrective actions, without regard to the identity or solvency of the owner thereof, commencing five years after the date of completing closure.
(b) If the director determines that a special solid waste handling facility has been abandoned, that the owner or operator thereof has become insolvent, or that for any other reason there is a demonstrated unwillingness or inability of the owner or operator to maintain, operate, or close the facility, to carry out postclosure care of the facility, or to carry out corrective action required as a condition of a permit to the satisfaction of the director, the director may implement the applicable financial responsibility mechanisms. The proceeds from any applicable financial responsibility mechanisms shall be deposited in the solid waste trust fund.
(c) The determination of whether there has been an abandonment, default, or other refusal or inability to perform and comply with closure, postclosure, or corrective action requirements shall be made by the director.
12-8-27.2. (a) No solid waste handling 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 or to carry out 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 shall require the demonstration of financial responsibility prior to issuing a permit for any solid waste handling facility.
(b) The provisions of this Code section shall not apply to any county, municipality, authority, or special district empowered to engage in solid waste management activities which operates or maintains a solid waste handling facility unless and until such times as federal regulations require counties, municipalities, or special districts to demonstrate financial responsibility for such facilities.
12-8-28. (a) After January 1, 1991, no person may place a used lead acid vehicle battery in mixed municipal solid waste or discard or otherwise dispose of a lead acid vehicle battery except by delivery to a battery retailer or wholesaler, to a secondary lead smelter, or to a collection or recovered materials processing facility that accepts lead acid vehicle batteries.
(b) After January 1, 1991, no battery retailer shall dispose of a used lead acid vehicle battery except by delivery to the agent of a battery wholesaler or a secondary lead

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smelter, to a battery manufacturer for delivery to a secondary lead smelter, or to a collection or recovered materials processing facility that accepts lead acid vehicle batteries.
(c) After January 1, 1991, any person selling lead acid vehicle ba1teries at retail or offering lead acid vehicle batteries for retail sale in this state shall:
(1) Accept, at the point of transfer, lead acid vehicle batteries flom customers for recycling; and
(2) Post written notice, which must be at least 8- 1/2 inches by 11 inches in size and must contain the universal recycling symbol and the following language:
'IT IS ILLEGAL TO PUT A MOTOR VEHICLE BATTERY IN THE GARBAGE. RECYCLE YOUR USED BATTERIES. STATE LAW REQUIRES US TO ACCEPT MOTOR VEHICLE BATTERIES FOR RECYCLING.' (d) After January 1, 1991, any person selling lead acid vehicle bat1eries at wholesale or offering lead acid vehicle batteries for sale at wholesale must accept, at the point of transfer, lead acid vehicle batteries from customers. 12-8-29. The director shall have the authority to investigate any apparent violation of this part and to take any action authorized under this part as he deems necessary and may institute proceedings of mandamus or other proper legal proceedings to enforce this part. 12-8-29.1. The director or his duly authorized representatives shall have the power to enter at reasonable times upon any private or public property for the purpose of inspection and investigation of conditions relating to solid waste handling in this state.
12-8-29.2. (a) Any information relating to secret processes, devices, or methods of manufacture or production, or quantities and sources of recovered materials being privately processed, obtained by the director or his agents in the administration of this part shall be kept confidential.
(b) In the event the employment of the director or his agents with the department terminates for any reason, the confidentiality requirement outlined in subsection (a) of this Code section shall continue to apply to such persons. Any person who violates this subsection shall be guilty of a misdemeanor. Such criminal penalty shall be in addition to such civil remedies as may be available to any party.
12-8-30. Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation adopted pursuant to this part has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this part or rule or regulation alleged to have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any order issued by the director under this part shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing no later than 30 days after such order is served on such person or persons.
12-8-30.1. Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the director specifies. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but shall be afforded a hearing within 48 hours.
12-8-30.2. All hearings on and review of contested matters and orders and all hearings on and review of any other enforcement actions or orders under this part shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2.
12-8-30.3. The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation maintains its principal place of business or, in any case, in the county wherein the violation occurred or in which jurisdiction is appropriate a certified copy of an unappealed final order of the director or of a final order of the director affirmed

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upon appeal or modified on any review or appeal from which no further review is taken or allowed, whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court.
12-8-30.4. Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this part, the director may apply to the superior court of the county where such person resides, or, if such person is a nonresident of the state, to the superior court of the county where such person is engaged in or is about to engage in such act or practice, for an order restraining and enjoining such act or practice. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law.
12-8-30.5. It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this part.
12-8-30.6. (a) Any person; provided that person is a public authority or a city or county government located within the boundaries of Georgia, violating any provision of this part or rules or regulations adopted pursuant to this part or intentionally or negligently failing or refusing to comply with any final or emergency order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $1,000.00 for such violation and for an additional civil penalty not to exceed $500.00 for each day during which such violation continues. Any person other than a public authority or a city or county government located within the boundaries of Georgia violating any provision of this part or intentionally or negligently failing or refusing to comply with any final or emergency order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $25,000.00 per day for each day during which such violation continues.
(b) Whenever the director has reason to believe that any person has violated any provision of this part or any rule or regulation effective under this part 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 an administrative law judge appointed by the board. Upon finding that said person has violated any provision of this part or any rule or regulation effective under this part or has failed or refused to comply with any final order or emergency order of the director, the administrative law judge shall issue his decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2.
(c) In rendering a decision under this Code section imposing civil penalties, the administrative law judge shall consider all factors which are relevant, including, but not limited to, the following:
(I) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying
to comply; (2) The character and degree of impact of the violation or failure to comply on the
natural resources of the state, especially any rare or unique natural phenomena; (3) The conduct of the person incurring the civil penalty in promptly taking all
feasible steps or procedures necessary or appropriate to comply or to correct the violation or failure to comply;
(4) Any prior violations or failures to comply by such person with regard to statutes, rules, regulations, or orders 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 to com-
ply; (6) The character and degree of injury to or interference with reasonable use of
property which is caused or threatened to be caused by such violation or failure; and (7) The character and degree of intent with which the conduct of the person incur-
ring the civil penalty was carried out.

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(d) All civil penalties recovered by the director as provided in this Code section shall be paid into the solid waste trust fund established pursuant to the provisions of Code Section 12-8-27.1.
12-8-30.7. It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply with all applicable rules, regulations, and orders established under this part.
12-8-30.8. Any person who violates any provision of this part shall be guilty of a misdemeanor. Each day of continued violation after conviction shall constitute a separate offense.
12-8-30.9. No provision of this part and no rule, regulation, or ruling of the board or the director shall be construed to be a limitation:
(1) On the power of a municipality, county, authority or special district to adopt and enforce additional regulations, not in conflict with this part, imposing further conditions, restrictions, or limitations with respect to the handling or disposal of municipal solid waste;
(2) On the power of a municipality, county, authority, or special district to declare, prohibit, and abate nuisances;
(3) On the power of the Attorney General, at the request of the director or upon his own volition, to bring an action in the name of the State of Georgia; or
(4) On the power of any state agency in the enforcement or administration of any provision of law it is specifically permitted or required to enforce or administer. 12-8-30.10. This part shall not apply to any individual disposing of solid waste originating from his own residence onto land or facilities owned by him when disposal of such waste does not thereby adversely affect the public health. 12-8-31. (a) By January 1, 1991, the division, jointly with the Department of Community Affairs and in cooperation with the Georgia Environmental Facilities Authority and local government officials, shall develop a state solid waste management plan. (b) The state solid waste management plan shall be submitted to the Governor's Development Council and shall serve as the guide for the development of local plans and regional plans for solid waste management. (c) The state solid waste management plan shall include but not be limited to:
(I) A general analysis of solid waste management practices currently in use, management alternatives and technologies available, and their application;
(2) Procedures and strategies for meeting state goals and objectives for waste reduction;
(3) Minimum standards and procedures to be met by local and regional solid waste management plans, including the assurance of adequate solid waste handling capability and capacity for the subsequent ten-year period which shall specifically include adequate collection capability;
(4) A procedure for informing the public annually of the locally incurred costs of
solid waste management; (5) Procedures for ensuring cooperative efforts on solid waste management plan-
ning by the state, regional development centers, local governments, groups of local governments, and private companies, including a description of the means by which the state will encourage local governments to pursue regional approaches;
(6) A description of public and private alternatives for the provision of solid waste
management services; (7) A description of the respective roles of agencies in the implementation of a
state-wide public information education program on solid waste management which emphasizes grass roots participation of all age levels;
(8) Methods of assuring public participation in the planning and decision-making processes; and
(9) Methods for assuring implementation of the state solid waste management plan. (d) In monitoring and reporting on the implementation success of the state solid waste management plan required under this Code section, the Department of Community Affairs, with the cooperation of the division and the Georgia Environmental Facilities Authority, beginning in January, 1992, shall report annually to the Governor and the

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General Assembly on the status of solid waste management in Georgia. The annual report shall include but not be limited to:
(1) The status of local and regional solid waste planning in Georgia; (2) The number and types of solid waste handling facilities in Georgia; (3) The remaining permitted capacity of each permitted solid waste handling facility; (4) The number and types of solid waste grants made to local governments; (5) The number and types of solid waste loans made to local governments; (6) A compilation and analysis of solid waste management data provided by cities and counties in their annual reports; (7) A statement of progress achieved in meeting the goal established in subsection (c) of Code Section 12-8-21; (8) A statement of progress achieved in solid waste management education; (9) Any revisions in the state solid waste management plan which are deemed necessary; and (10) Recommendations for improving the management of solid waste in this state. 12-8-31.1. (a) Each city and county in Georgia shall develop or be included in a comprehensive solid waste management plan. Said plan may be developed independently as a local plan or jointly with other jurisdictions as a regional solid waste plan but in either case shall conform to the plan development procedures outlined in Chapter 70 of Title 36 and Articles 1 and 2 of Chapter 8 of Title 50 and to minimum standards and procedures developed by the Department of Community Affairs as outlined in this Code section. (b) The local or regional solid waste plan shall provide for the assurance of adequate solid waste handling capability and capacity within the planning area for at least ten years from the date of completion of the plan which shall specifically include an adequate collection capability; shall enumerate the solid waste handling facilities as to size and type; and shall identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors. (c) The review process for local and regional solid waste management plans shall be as outlined in Articles 1 and 2 of Chapter 8 of Title 50 and in Chapter 70 of Title 36. The regional development center for each geographical location in which a local or regional plan applies shall confirm that the local or regional plan is consistent with the state solid waste management plan. (d) Effective January 1, 1992, each city and county shall report annually to the Department of Community Affairs on the status of solid waste management in the jurisdiction. Such reports may be individual or collective in nature or, in lieu of local reports, a regional report may be filed by any of the several regional development centers for political jurisdictions within their region. The annual report shall include but not be limited to: (1) The amount of solid waste collected, processed, and disposed of in the area; (2) The progress on the reduction in solid waste generation in the planning area since the previous reporting period and total cumulative progress made toward meeting the 25 percent reduction goal; (3) The remaining permitted capacity of disposal facilities; (4) Recycling and composting activities in existence; (5) Public information and education activities during the reporting period; and (6) Any other pertinent information as may be required. (e) After July 1, 1992, no permit, grant, or loan shall be issued for any municipal solid waste disposal facility or any solid waste handling equipment or recycling equipment used in conjunction therewith in a county or region which is not consistent with a local or regional solid waste management plan. Each application for a permit, grant, or loan issued after July 1, 1992, shall include the following: (1) Certification that the facility for which a permit is sought complies with local land use and zoning requirements, if any; (2) Verification that the facility for which a permit is sought meets the ten-year capacity needs identified in the local or regional solid waste management plan, if any; and

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(3) Demonstration that the host jurisdiction and the jurisdiction generating solid waste destined for the applicant's facility are actively involved in, and have a strategy for, meeting the state-wide goal for reduction of solid waste disposal by July 1, 1996. (f) This Code section shall not apply to any solid waste disposal facility which is operated exclusively by a private solid waste generator on property owned by the private solid waste generator for the purpose of accepting solid waste exclusively from the private solid waste generator so long as the operation of the solid waste disposal facility does not adversely affect the public health or the environment. After commencement of operation by a private solid waste generator of a solid waste disposal facility which is permitted but not included in a local or regional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required for any solid waste which is to be no longer disposed of by the private solid waste generator in its own solid waste disposal facility prior to any substantial reduction in the amount of solid waste accepted by the solid waste disposal facility or its closure. (g) Effective July 1, 1991, it shall be the responsibility of the owner or operator of each municipal solid waste disposal facility to keep an accurate written record of all amounts of solid waste measured in tons received at the facility. Measurement in tons of solid waste received shall be accomplished by one or more of the following methods:
(1) The provision of stationary or portable scales at the disposal facility for weighing incoming waste;
(2) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility for weighing all waste destined for disposal at the facility; or
(3) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility to weigh representative samples of the solid waste received at the disposal facility on a basis which is sufficiently frequent to estimate accurately the amount of solid waste received at the disposal facility. 12-8-32. (a) Prior to submission of an application to the division for a permit for a regional solid waste disposal facility, conflicts as defined in Articles 1 and 2 of Chapter 8 of Title 50 shall follow the mediation procedures developed by the Department of Community Affairs pursuant to Articles 1 and 2 of Chapter 8 of Title 50. Upon the submission of any application to the division for any municipal solid waste disposal facility for which a permit other than a permit by rule is required by the division, the permit applicant shall within 15 days of the date of submission of the application publicize the submission by public notice and in writing as follows:
(1) If the application is for a facility serving no more than one county, the public notice shall be published in a newspaper of general circulation serving the host county, and each local government in the county and the regional development center shall further be notified in writing of the permit application;
(2) If the application is for a facility serving more than one county, the public notice shall be published in a newspaper of general circulation serving each affected county, and each local government within said counties and the regional development center shall be further notified in writing of the permit application; and
(3) The public notice shall be prominently displayed in the courthouse of each notified county. (b) The division shall review the application and supporting data, make a determination as to the suitability or unsuitability of the proposed site for the intended purpose, and notify the applicant and the host local government if different from the applicant in writing of its determination. (c) Upon receipt from the division of notice that the proposed site is suitable for the intended purpose, the applicant shall within 15 days of receipt of such notification publicize the fact by public notice as outlined in paragraphs (1), (2), and (3) of subsection (a) of this Code section. Further, within 45 days of receipt of such notification from the division, the host local government for the proposed site shall as outlined in paragraphs (1), (2), and (3) of subsection (a) of this Code section advertise and hold a public meeting to inform affected residents and landowners in the area of the proposed site and of the opportunity to engage in a facility issues negotiation process.

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(d) Following notification of the applicant of the proposed site's suitability, the division may continue to review the applicant's permit application but the director shall not take any action with respect to permit issuance or denial until such time as the local notification and negotiation processes described in this Code section have been exhausted.
(e) The division shall not be a party to the negotiation process described in this Code section, nor shall technical environmental issues which are required by law and rules to be addressed in the permitting process be considered negotiable items by parties to the negotiation process.
(f) Within 30 days following a public meeting held in accordance with subsection (c) of this Code section, a facility issues negotiation process shall be initiated by the host local government upon receipt of a written petition by at least 25 affected persons, at least 20 of whom shall be registered voters of or landowners in the host jurisdiction. Multiple petitions may be consolidated into a single negotiating process. For the purposes of this subsection, the term 'affected person' means a registered voter of the host local government or of a county contiguous to such host local government or a landowner within the jurisdiction of the host local government.
(g) Within 15 days following receipt of such written petition, the host local govern-
ment shall validate the petition to ensure that the petitioners meet the requirements of this Code section.
(h) Within 15 days following the validation of the written petition to negotiate, the host local government shall notify the petitioners by publication as provided in paragraphs (1), (2), and (3) of subsection (a) of this Code section; shall notify the permit applicant if different from the host local government, the division, and the regional development center that the negotiation process is being initiated; and shall set a date for a meeting with the citizens facilities issues committee, the host local government, and the permit applicant not later than 30 days following validation of such written petition to negotiate.
(i) The petitioning persons shall select up to ten members, at least eight of whom shall be registered voters or landowners in the host local government, to serve on a citizens facility issues committee to represent them in the negotiation process. The membership of the citizens facility issues committee shall be chosen within 15 days following the validation of such written petition pursuant to this Code section.
(j) The negotiation process shall be overseen by a facilitator named by the host local government, after consultation with the citizens facility issues committee, from a list provided by the Department of Community Affairs. The function of the facilitator shall be to assist the petitioners, the host local government, and the permit applicant, if different from the host local government, through the negotiation process. The cost, if any, of the facilitator shall be borne by the permit applicant.
(k) Beginning with the date of the first negotiation meeting called in accordance with subsection (h) of this Code section, there shall be no fewer than three negotiation meetings within the following 45 day period unless waived by consent of the parties. Such negotiation meetings shall be presided over by the facilitator named in subsection (j) of this Code section and shall be for the purpose of assisting the petitioners, the host local government, and the permit applicant, if different from the host local government, to engage in nonbinding negotiation.
(I) Minutes of each meeting and a record of the negotiation process shall be kept by the host local government.
(m) All issues except those which apply to environmental permit conditions are negotiable. Environmental permit conditions are not negotiable. Issues which may be negoti-
ated include but are not limited to: (I) Operational issues, such as hours of operation; (2) Recycling efforts-that may be implemented; (3) Protection of property values; (4) Traffic routing and road maintenance; and (5) Establishment of local advisory committees.
(n) At the end of the 45 day period following the first negotiation meeting, the facilitator shall publish a notice of the results, if any, of the negotiation process in the

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same manner as provided in paragraphs (1), (2), and (3) of subsection (a) of this Code section and shall include the date, time, and place of a public meeting to be held within ten days after publication at which the input of persons not represented by the citizens facility issues committee may be received.
(o) The negotiated concessions reached by the negotiating parties shall be reduced to writing and executed by the chairman of the citizens facility issues committee and the chief elected official of the host local government and shall be adopted by resolution of the host local government.
(p) If the negotiating parties fail to reach consensus on any issue or issues, the permit applicant may nonetheless proceed to seek a permit from the division. The facilitator shall notify the division in writing that the negotiating parties have failed to reach consensus.
(q) If the negotiating parties reach consensus on negotiated issues, the permit applicant may proceed to seek a permit from the division. The facilitator shall notify the division in writing that the negotiating parties have reached consensus.
(r) Negotiated concessions shall not be construed as environmental permit conditions.
(s) Upon receipt of a written notification from the facilitator that the parties to negotiation have reached consensus or have failed to reach consensus on negotiated issues, and upon written notification from the permit applicant that he wishes to pursue permitting of the solid waste disposal facility for which an application has been filed, the director shall proceed to process the permit in accordance with Code Section 12-8-24.
12-8-33. (a) Effective July 1, 1990, there is created a 15 member Recycling Market Development Council to be appointed as follows:
(1) Seven members appointed by the Governor representing the paper, glass, aluminum, plastic, and ferrous and nonferrous metals industries and trade associations which are active in recycling;
(2) One member who is an elected municipal official to be appointed by the Governor
(a) One member who is an elected member of a county governing authority to be appointed by the Governor;
(4) One member appointed by the Speaker of the House of Representatives; (5) One member appointed by the Lieutenant Governor; and (6) One representative each from the Department of Administrative Services; the Department of Industry, Trade, and Tourism; the Department of Community Affairs; and the Department of Natural Resources.
(b) The council shall meet as necessary and shall determine what actions, if any, are needed to facilitate the development and expansion of markets for recovered materials in Georgia and shall prepare an annual report with recommendations to the Governor and General Assembly.
(c) The council shall function for a period of five years from its establishment, at which time it shall either be reauthorized or shall stand abolished.
12-8-34. (a) On and after January 1, 1991, it shall be unlawful to manufacture for use in Georgia or offer for sale in Georgia any rigid plastic container or rigid plastic bottle which is not labeled in accordance with subsection (b) of this Code section.
(b) On and after January 1, 1991, any rigid plastic container or rigid plastic bottle manufactured for use in Georgia or offered for sale in Georgia shall be labeled with a code molded into the plastic product which indicates the resin used to produce the bottle or container. Such coding shall conform with the following:
(1) Rigid plastic containers or rigid plastic bottles with basecups or other components of the secondary material may, if the materials are compatible in recycling systems, carry the code of the basic material (even when the basic code is applied to the basecup of the secondary material); otherwise '7-other' is appropriate.
(2) The label code shall consist of a number placed inside a triangle and letters placed below the triangle as required by paragraph (3) of this subsection. The triangle shall be equilateral, formed by three arrows with the apex of each point of the triangle

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at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number;
(3) The numbers and letters used on labels described in subsections (a) and (b) of this Code section and their interpretations shall be as follows:
'I-PETE' (polyethylene terephthalate) '2-HDPE' (high-density polyethylene) '3-V' (vinyl) '4-LDPE' (low-density polyethylene) '5-PP' (polypropylene) '6-PS' (polystyrene) '7-0THER' All other resins and layered multimaterial. 12-8-35. (a) The commissioner of administrative services shall: (1) By July 1, 1990, commence a review of all goods and products purchased to determine what percentage of state purchases contain recycled materials, which review shall be completed by December 31, 1991, and, upon completion of his review, file a report of his findings with the General Assembly and the Governor; and (2) By July 1, 1990, commence a review of the purchasing specifications, practices, and procedures of the State of Georgia, paying particular attention to any procedures and specifications which concern or impact the purchase of recovered materials or goods or products made from recovered or recyclable materials, which review shall be completed by December 31, 1991, and, upon completion of his review, file a report to the Governor and the General Assembly with recommendations for procedures and specifications for state purchasing which promote the increased purchase of goods or products made from recovered materials and goods or products which are recyclable; provided, however, that the commissioner of administrative services shall not propose any procedure or specification which would be economically infeasible or which would cause the state to sacrifice quality or performance standards or would unduly restrict free and open competition among vendors. (b) In conducting any review required under this Code section, the commissioner of administrative services shall consider those specifications adopted or recommended by the United States government pursuant to 40 C.F.R. Parts 248, 249, 250, 252, and 253. 12-8-36. (a) Each state agency which is located in a state owned building and the General Assembly, in cooperation with the Georgia Building Authority, shall establish a collection program for recovered materials generated as a result of agency operations, including, at a minimum, aluminum, high-grade office paper, and corrugated paper. The collection program shall be coordinated by the Georgia Building Authority, which at a minimum shall establish procedures for collection and storage of recovered materials and contractual or other arrangements for transportation and purchase of said recovered materials. (b) The Georgia Building Authority is authorized to expand the state collection program to cover any recovered materials not specifically referenced in this Code section and to engage in, contract for, or otherwise allow or arrange for programs which promote the composting of yard waste from state office buildings. (c) Nothing in this part shall prohibit any state agency from engaging in, contracting for, or otherwise allowing or arranging for composting of yard waste on property owned or controlled by said agency. 12-8-37. The director shall be the state representative to receive and administer financial aid from the federal government or other public or nonprofit sources for purposes of solid waste management. 12-8-37.1. (a) The state is authorized to make grants, as funds are available, to any
county, municipality, or any combination of the same, or to any public authority, agency, commission, or institution, to assist such governmental or public body in the construction of solid waste handling systems which are consistent with local and regional solid waste management plans prepared in accordance with the requirements of this part.

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(b) The director shall administer all funds granted by the state pursuant to this Code section.
12-8-38. Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the division for use in the operation and maintenance of that area. 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.
12-8-39. (a) Effective January 1, 1992, each city or county which operates a munici-
pal solid waste disposal facility is authorized and required to impose a cost reimbursement fee upon each ton of municipal solid waste or the volume equivalent of a ton, as determined by rules of the division, for each ton of municipal solid waste received at a municipal solid waste disposal facility regardless of its source. The fee imposed may be equal to, or a portion of, the true cost of providing solid waste management services on a per ton or volume equivalent as determined pursuant to the forms, rules, and procedures developed by the Department of Community Affairs as required by Code Section 12-8-39.2. Such fee shall be imposed equally upon all users of the municipal solid waste disposal facility.
(b) A minimum of $1.00 per ton or volume equivalent of the cost reimbursement fee specified in this Code section which is received by the city or county, if implemented after the effective date of this part, shall be paid into a local restricted account and shall be used for solid waste management purposes only.
(c) Effective January 1, 1992, when a municipal solid waste disposal facility is operated as a joint venture by more than one city or county or combination thereof, by a special solid waste district, or by an authority, the cost reimbursement fee specified in this Code section shall be imposed by the joint operators, district, or authority and the cost reimbursement fee received shall be administered as outlined in subsection (b) of this Code section and shall be remitted into a restricted account established by the participating local governments.
(d) Effective January 1, 1992, when a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility and may be used to offset the impact of the facility, public education efforts for solid waste management, the cost of solid waste management, and the administration of the local or regional solid waste management plan.
12-8-39.1. Effective July 1, 1992, each city or county as a part of its solid waste management plan shall have in effect a program to reduce on a per capita basis the amount of municipal solid waste generated within its jurisdiction consistent with the goal established in subsection (c) of Code Section 12-8-21.
12-8-39.2. Effective January 1, 1992, each city and county shall be required to report to the Department of Community Affairs the total annual cost of providing solid waste management services and to disclose this information to the public. The Department of Community Affairs shall develop the forms, rules, and procedures necessary for cities and counties to meet the requirements of this Code section.
12-8-40. This article shall not apply to any individual, corporation, partnership, or cooperative disposing of livestock-feeding facility waste from facilities with a maximum total capacity of 1,000 cattle or 5,000 swine, provided that if such individual, corporation, partnership, or cooperative shall provide an approved waste disposal system which is capable of properly disposing of the runoff from a 'ten-year storm,' such individual shall be further exempt regardless of total per head capacity. Nothing in this article shall limit the right of any person to use poultry or other animal manure for fertilizer.
12-8-40.1. Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on tires originating in or

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which may ultimately be disposed of in its area of jurisdiction. These restrictions may include but are not limited to:
(1) A ban on the disposal of tires at solid waste disposal facilities within its control; and
(2) A requirement that tires be recycled, shredded, chopped, or otherwise processed in an environmentally sound manner prior to disposal at solid waste disposal facilities owned or operated by the city, county, or authority. 12-8-40.2. Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on yard trash which is generated in or may ultimately be disposed of in its area of jurisdiction. These restrictions may include but are not limited to:
(1) A requirement that yard trash not be placed in or mixed with municipal solid waste;
(2) A ban on the disposal of yard trash at municipal solid waste disposal facilities within its jurisdiction; or
(3) A requirement that yard trash be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling.
Part 2
12-8-50. This part shall be known and may be cited as the 'Regional Solid Waste Management Authorities Act.'
12-8-51. (a) This part is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this part is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this part. For such reasons, the state covenants from time to time with the holders of the bonds issued under this part that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property; or upon any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
(b) It is the express policy of the State of Georgia that any authority created by this part shall be authorized with respect to any solid waste which the generator thereof, county, or municipal corporation makes available to such authority to enter into agreements in furtherance of a project granting, directing, or providing for an exclusive right or rights in any authority with respect to such solid waste, including, but not limited to, the exclusive right to collect, acquire, receive, transport, store, treat, process, utilize, sell, or dispose of discarded solid waste; provided, however, no authority created by this part and no county or municipal corporation or other governmental body shall have the right to enter into agreements or to enact ordinances or resolutions providing for any rights with respect to recovered materials or substances, materials, or resources contained in solid waste as may be separated for recycling, use, or reuse at any time prior to pickup by or delivery to any authority, county, municipal corporation, or persons under contract with such authority, county, or municipal corporation.
(c) Notwithstanding any other provision of this part, no authority shall compete unfairly with the private sector by purchasing or offering to purchase recovered materials at prices higher than the highest prevailing market prices in the county in which the purchase is made for recovered materials of like grade and quality.
12-8-52. As used in this part, the term:

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(1) 'Authority' means each public corporation created pursuant to this part. (2) 'Collection' means the aggregating of solid waste from its primary source and includes all activities up to such time as the waste is delivered to the place at which it is to be processed. (3) 'Cost of project' means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and all machinery and equipment, including motor vehicles which are used for project functions; financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of the project in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this part. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the project and may be paid or reimbursed as such out of the proceeds of user fees, of revenue bonds or notes issued under this part for such project, or from other revenues obtained by the authority. (4) 'County' means any county of this state or a governmental entity formed by the consolidation of a county and one or more municipal corporations. (5) 'Governing body' means the elected or duly appointed officials constituting the governing body of each municipal corporation and county in the state. (6) 'Municipal corporation' means any city or town in this state.
(7) 'Project' means: (A) The collection, transportation, and management of solid waste and shall also
mean any property, real or personal, used as or in connection with a facility for the composting, extraction, collection, storage, treatment, processing, utilization, or final disposal of resources contained in solid waste, including the conversion of solid waste or resources contained therein into compost, oil, charcoal, gas, or any other product or energy source and the collection, storage, treatment, utilization, processing, or final disposal of solid waste in connection with the foregoing; and
(B) Any property, real or personal, used as or in connection with a facility for the composting, extraction, collection, storage, treatment, processing, or utilization
of water resources and the conversion of such resources into any compost or useful form of energy. 12-8-53. (a) There is created in and for each county and municipal corporation in this state a public body corporate and politic, to be known as the 'solid waste management authority' of such county or municipal corporation. No authority shall transact any business or exercise any powers under this part until the governing body of the county by proper resolution of its board of commissioners, or, if a municipal corporation, by proper ordinance or resolution of its council, declares that there is a need for an authority to function in the county or municipal corporation. (b) Any two or more counties or municipal corporations or a combination thereof may jointly form an authority, to be known as the 'regional solid waste management authority' for such counties and municipal corporations. No authority shall transact any business or exercise any powers under this part until the governing authorities of the units of local government involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authorities authorize the chief elected official of the unit of local government to enter into an agreement with the other units of local government for the activation of an authority and such agreement is executed.

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12-8-54. Control and management of the authority shall be vested in a board of at least five directors who shall be residents of the county or municipal corporation which is a member of the authority. At least three of such directors shall be elected officials of the county or municipal corporation which is a member of the authority. The directors shall serve at the pleasure of the governing authority of the county or municipal corporation. Directors shall be appointed, and may be reappointed, for terms of four years. In the case of a region.'!.! solid waste management authority, each unit of local government participating in the authority shall appoint two members, with an additional member to be appointed by the directors themselves. The directors shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the authority and the operation of projects and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper.
12-8-55. A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of not less than a majority of the directors.
12-8-56. (a) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To acquire, construct, improve, or modify, to place into operation, and to operate or cause to be placed into operation and operated, either as owner of all or of any part in common with others, a project or projects within the county in which the authority is activated and, subject to execution of agreements with the appropriate political subdivisions affected, within other counties and to pay all or part of the cost of any such project or projects from the proceeds of revenue bonds of the authority or from any contribution or loans by persons, firms, or corporations or from any other contribution or user fees, all of which the authority is authorized to receive, accept, and use; (4) To acquire, in its own name, by purchase on such terms and conditions and in such manner as it may deem proper, by condemnation in accordance with any and all laws applicable to the condemnation of property for public use, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes, which purposes shall include, but shall not be limited to, the constructing or acquiring of a project; the improving, extending, adding to, reconstructing, renovating, or remodeling of any project or part thereof already constructed or acquired; or the demolition to make room for such project or any part thereof and to insure the same against any and all risks as such insurance may, from time to time, be available. The authority may also use such property and rent or lease the same to or from others or make contracts with respect to the use thereof or sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner which the authority deems to the best advantage of itself and its purposes, provided that the powers to acquire, use, and dispose of property as set forth in this paragraph shall include the power to acquire, use, and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private. Title to any such property of the authority, however, shall be held by the authority exclusively for the benefit of the public;
(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 acquired or constructed; provided that all private persons, firms, and corporations, this state, and all political

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subdivisions, departments, instrumentalities, or agencies of the state or of local government are authorized to enter into contracts, leases, or agreements with the authority, upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of project activities and facilities or either of them by the authority to such municipal corporations and counties and by such municipal corporations and counties to the authority for a term not exceeding 50 years;
(6) To exercise any one or more of the powers, rights, and privileges conferred by this Code section either alone or jointly or in common with one or more other public or private parties. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of project facilities, the authority may own an undivided interest in such facilities with any other party with which it may jointly or in common exercise the rights and privileges conferred by this part and may enter into an agreement or agreements with respect to any such project facility with the other party or parties participating therein; and such agreement may contain such terms, conditions, and provisions, consistent with this part, as the parties thereto shall deem to be in their best interests, including, but not limited to, provisions for the construction, operation, and maintenance of such project facility by any one or more party of the parties to such agreement, which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto, and including provisions for a method or methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements, and disposal with respect to such facility. In carrying out its functions and activities as such agent with respect to construction, operation, and maintenance of such a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties; provided, however, the agent shall act for the benefit of the public. Notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement, the authority may delegate its powers and duties with respect to the construction, operation, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be binding upon the authority without further action or approval of the authority;
(7) To accept, receive, and administer gifts, grants, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States, this state, a unit of local government, or any agency, department, authority, or instrumentality of any of the foregoing, upon such terms and conditions as the United States, this state, a unit of local government, or such agency, department, authority, or instrumentality shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, and pledge any and all of its property and assets;
(8) To do any and all things necessary or proper for the accomplishment of the objectives of this part and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state, including the power to employ professional and administrative staff and personnel and to retain legal, engineering, fiscal, accounting, and other professional services; the power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; the power to borrow money for any of the corporate purposes of the authority; the power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and the power to act as self-insurer with respect to any loss or liability; provided, however, that obligations of the authority other than revenue bonds, for which provision is made in this part, shall be payable from the general funds of the authority and shall not be a charge against any special fund allocated to the payment of revenue bonds;

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(9) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued; and otherwise to carry out the purposes of this part and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 12-8-58; and
(10) To fix rentals and other charges which any user shall pay to the authority for the use of the project or part or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project. Such rentals and other charges shall be so fixed and adjusted with respect to the aggregate thereof from the project or any part thereof so as to provide a fund with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at such project. 12-8-57. Except for gross negligence or willful or wanton misconduct, neither the members of the authority nor any officer or employee of the authority, acting on behalf thereof and while acting within the scope of his responsibilities, shall be subject to any liability resulting from:
(1) The design, construction, ownership, maintenance, operation, or management of a project; or
(2) The carrying out of any of the discretionary powers or duties expressly provided for in this part. 12-8-58. (a) Subject to the limitations and procedures provided by this Code section, the obligations of any authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. The authority, in such instruments, may provide for the pledging of all or any part of its revenues, income, or charges and for the mortgaging, encumbering, or conveying of all or any part of its real or personal property; may covenant against pledging any or all of its revenues, income, or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this Code section, undertakings of any authority may prescribe the procedure by which bondholders and noteholders may enforce rights against the authority and provide for rights upon breach of any covenant, condition, or obligation of the authority. Bonds, resolutions, trust indentures, mortgages, or deeds to secure obligations executed by an authority and bond anticipation notes executed by an authority may contain such provisions not otherwise contrary to law as the authority shall deem necessary or desirable. (b) The proceeds derived from the sale of all bonds and bond anticipation notes issued by an authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this part, all or part of the cost of any project, including the cost of extending, financing, adding to, or improving such project, or for the purpose of refunding any bond anticipation notes issued in accordance with this part or refunding any previously issued bonds of the authority. (c) All bonds and bond anticipation notes issued by an authority shall be revenue obligations of such authority and may be made payable out of any revenues or other receipts, funds, or moneys of the authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds, or moneys.

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(d) Issuance by an authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue.
(e) An authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in this part, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any such resolution or resolutions; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
(f) The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the authority shall be fixed by the board of directors of the authority. Any limitations with respect to interest rates found in Article 3 of Chapter 82 of Title 36 or in the usury laws of this state shall not apply to obligations issued under this part.
(g) All revenue bonds issued by an authority under this part will be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as provided in subsection (0 of this Code section and except as specifically set forth below:
(1) Revenue bonds issued by an authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability an transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide;
(2) Revenue bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state; and
(3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing may state that the bonds, when issued, will bear interest at a rate not exceeding a minimum per annum rate of interest specified in such notices or, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this paragraph shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices. (h) The term 'cost of project' shall have the meaning prescribed in paragraph (3) of Code Section 12-8-52 whenever referred to in bond resolutions of an authority, bonds and bond anticipation notes issued by an authority, or notices and proceedings to validate such bonds. 12-8-59. No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any

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county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. However, provisions of this Code section shall not preclude counties, municipal corporations, or other political subdivisions from choosing to guarantee the bonds, indebtedness, or other obligations of a regional solid waste authority as part of its demonstration of adequate financial responsibility pursuant to this part. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bonds or obligation shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof or to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision.
12-8-59.1. (a) This part shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973,' or any other law.
(b) A municipal corporation, a county, or any number of counties and municipal corporations shall have the right to activate any authority under this part, notwithstanding the existence of any other authority having similar powers or purposes within the county or municipal corporation created pursuant to any general law or amendment to the Constitution of this state. However, nothing in this part shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence."
Section 2. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, is amended by adding immediately following Code Section 50-8-7.2 a new Code section describing further powers, duties, and authority of the Department of Community Affairs, to be designated Code Section 50-8-7.3, to read as follows:
"50-8-7.3. (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 establish a solid waste management education program in the state. Such program shall include, but not be limited to, the following:
(I) (A) The establishment of a Georgia Clean and Beautiful Advisory Committee that shall assist the department in developing, coordinating, and implementing efforts to educate the citizens of the state on methods of solid waste management.
(B) The advisory committee shall consist of no more than 30 members, who shall be appointed by the Governor and be representative of state and local government; business and industry; community, environmental, and civic organizations; the news media; educators; and other areas as the Governor may deem appropriate.
(C) Members of the advisory committee are authorized to receive reimbursement for actual expenses incurred in the performance of their duties from such funds as may be appropriated for such purposes and within such limits as may be established by the department; and (2) (A) The establishment of an Interagency Council on Solid Waste Management that shall be chaired by the commissioner and shall consist of representatives from departments and agencies within state government that have responsibilities or activities relating to solid waste.
(B) The council shall serve as a forum for gathering and sharing information on solid waste management as well as for developing and initiating activities within state government relating to solid waste management and shall provide advice and assistance to the Georgia Clean and Beautiful Advisory Committee and its educational programs."
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.

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The following amendment was read:
Representative Bannister of the 62nd moves to amend the Committee substitute to SB 533 by striking the period at the end of line 16 of page 29 and inserting between lines 16 and 17 of page 29 the following:
"; provided, however, that all owners or operators of facilities treating, storing, or disposing of special solid waste generated outside of Georgia's boundaries who hold a permit issued prior to the effective date of this article for a proposed or existing such facility or who have filed an application for such a permit prior to the effective date of this article shall pay into the solid waste trust fund established in accordance with Code Section 12-8-27.1 a fee of $1.00 per ton."
On the adoption the amendment, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy N Adams
Aiken N Alford NAllen N Athon N Atkins N Bailey
Baker N Balkcom Y Bannister N Barfoot N Bargeron N Barnett,B N Barnett,M N Bates N Beck N Benefield
Benn N Birdsong N Bishop N Bostick N Branch N Breedlove
Brooks Y Brown N Buck N Buford N Byrd
N Campbell N Carrell N Carter
N Chambless Chance
N Cheeks

N Childers Clark,B
N Clark,H N Clark,L N Coleman N Colwell N Connell N Couch N Crawford N Crosby N Cummings,B
Cummings,M N Davis,C N Davis,G Y Davis,M N Dixon,H
Dixon,S N Dobbs N Dover NDunn N Edwards N Ehrhart
Felton N Fennel
Floyd,J.M N Floyd,J.W N Foster N Godbee N Goodwin N Green N Greene
Gresham N Griffin N Groover N Hamilton N Hanner

N Harris N Hasty
N Heard N Herbert N Holcomb N Holland N Holmes
NHooks Y Howren N Hudson
N Irwin N Isakson N Jackson,J N Jackson,W N Jamieson N Jenkins N Johnson N Jones N Kilgore N Kingston N Lane,D N Lane,R N Langford
Y Lawrence N Lawson N Lee Y Linder N Long N Lord
Lucas N Lupton N Mangum N Martin
N McCoy McDonald
N McKelvey

McKinney,B N McKinney,C
N Meadows NMilam N Mobley N Moody Y Morton N Moultrie
Mueller
N Oliver,C N Oliver,M N Orr
Orrock
N Padgett N Pannell
N Parham N Parrish N Patten N Pettit N Pinkston N Poag N Porter N Poston N Powell
N Randall N Ransom NRay N Reaves N Redding
N Richardson N Ricketson N Robinson N Royal N Selman N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 10, nays 150. The amendment was lost.

N Smith,L N Smith,P N Smith,T N Smith,W N Smyre N Snow
N Stancil,F N Stancil,S N Stanley
N Steele N Stephens N Streat N Teper NThomas,C NThomas,M
NThompson Thurmond
N Titus Y Tolbert N Townsend NTwiggs N Vaughan NWaddle
Walker,C N Walker,L N Wall NWare
N Watson N Watts Y White NWilder Y Williams,B
Williams,J N Yates N Yeargin
Murphy,Spkr

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.

The following amendment was read and adopted:

Representative Edwards of the 112th moves to amend the Committee substitute to S.B. 533 as follows:
By adding to Section 1 after line 7 of page 19 a new subsection (b) of Code Section 12-8-24 to read as follows:

THURSDAY, FEBRUARY 15, 1990

1247

"(b) This part shall apply to all permits for which requests for site suitability or unsuitability letters are submitted on or after the effective date of this Act; provided, however, that the division may continue to review all documents, reports and studies relevant to the processing of any subsequent application for a permit for a solid waste handling facility for which a request for a site suitability or unsuitability letter is made on or after the effective date of this part so long as such permit is not issued until all applicable requirements of this part are met."
and by redesignating the succeeding subsections of Code Section 12-8-24 appropriately.

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 Allen
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Brooks Y Brown
Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell
Y Couch Y Crawford Y Crosby Y Cummings,B
Cumm.ings,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,J.M Y Floyd,J.W 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
YHooks Y Howren Y Hudaon
Y Irwin
Y Iaakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingaton Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord
Lucas Y Lupton YMangum
Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows YMilarn Y Mobley Y Moody Y Morton
Y Monltrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardaon Y 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 Y Streat Y Teper YThomas,C Y Thomas,M YThompson
Y Thurmond Y Titus
Y Tolbert Y Townsend y Twigga
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall YWare 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 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 842. By Representative Parham of the 105th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to provide for the disclosure of AIDS confidential information in certain proceedings and procedures regarding mentally ill, mentally retarded, alcoholic, or drug dependent persons and in certain guardianship proceedings and procedures and provide for conditions and procedures relating thereto.

1248

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to provide for disclosure of AIDS confidential information in certain proceedings and procedures regarding mentally ill, mentally retarded, alcoholic, or drug dependent persons and in certain guardianship proceedings and procedures and provide for conditions and procedures relating thereto; to provide for measures to retain confidentiality; 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 24-9-47 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended by adding at the end thereof a new subsection to read as follows:
"(bb) AIDS confidential information may be disclosed as a part of any proceeding or procedure authorized or required pursuant to Chapter 3, 4, or 7 of Title 37, regarding a person who is alleged to be or who is mentally ill, mentally retarded, alcoholic, or drug dependent, if that person is the one identified by that information, and may also be disclosed as a part of any proceeding or procedure authorized or required pursuant to Title 29, regarding the guardianship of a person or that person's estate, if such person is the one identified by that information. Any person who files or transmits a petition or other document which discloses AIDS confidential information in connection with such proceeding or procedure shall provide a cover page which contains only the words, 'CONFIDENTIAL INFORMATION,' without in any way otherwise disclosing thereon that such petition or other document specifically contains AIDS confidential information. Any disclosures of such AIDS confidential information shall be subject to the following provisions:
(1) The court having jurisdiction over such proceeding or procedure, when it becomes apparent that AIDS confidential information will likely be or has been disclosed in connection with such proceeding or procedure, shall take such measures as the court determines appropriate to preserve the confidentiality of the disclosed information to the maximum extent possible. Such measures shall include, without being limited to, closing the proceeding or procedure to the public and sealing all or any part of the records of the proceeding or procedure containing AIDS confidential information. The records of any appeals taken from any such proceeding or procedure shall also be sealed;
(2) The court shall be authorized, in its discretion, to disclose AIDS confidential information to the following persons and entities:
(A) To the person identified by such information or, if that person is a minor or an incapacitated adult, to that person's parent or legal guardian;
(B) To a guardian ad litem appointed by the court to represent the person identified by such information, or to counsel appointed by the court to represent that person, under Title 29 or under Chapter 3, 4, or 7 of Title 37, provided that the court, in its discretion, determines that such information is relevant to the proceeding or procedure and disclosure of such information is reasonably necessary to enable the person receiving such information to provide the services for which such appointment was made;
(C) To any person required under Title 29 or Chapter 3, 4, or 7 of Title 37 to receive notice of such proceeding or procedure, or to such person's attorney, or to the guardian nominated under Title 29, provided that the court, in its discretion, determines that such information is relevant to the proceeding or procedure and disclosure is reasonably necessary to enable the person receiving such information to respond to such notice or provide the services for which such notice was given; and

THURSDAY, FEBRUARY 15, 1990

1249

(D) To a health care provider providing services to that person under Title 29 or Chapter 3, 4, or 7 of Title 37, and to any person or institution authorized to evaluate or examine the person identified by such information for the purpose of determining any action to be taken against or with regard to such person under Title 29 or Chapter 3, 4, or 7 of Title 37, if the court, in its discretion, determines that such information is relevant to the proceeding or procedure, and that:
(i) Such disclosure is reasonably necessary to enable the person receiving such information to provide appropriate medical, psychiatric, or psychological treatment to or diagnosis, evaluation, or examination of the person identified by such information; or
(ii) The person or entity receiving that information has personnel or patients who may be persons at risk of being infected with HIV by the person identified by such information and such disclosure is reasonably necessary to protect any such personnel; (3) Any person authorized to receive AIDS confidential information under paragraph (2) of this subsection shall be authorized to disclose such information to that person's attorney, provided that such disclosure is reasonably necessary to enable that person to respond to a notice given under Title 29 or Chapter 3, 4, or 7 of Title 37, or to provide services for which such notice was given; (4) Any person who is a party to any proceeding pursuant to Title 29 or Chapter 3, 4, or 7 of Title 37 or who is notified pursuant to Title 29 or Chapter 3, 4, or 7 of Title 37 of such proceeding is authorized to disclose to the court having jurisdiction over that proceeding any AIDS confidential information lawfully obtained by that person; and (5) AIDS confidential information obtained pursuant to this subsection may only be disclosed as provided in this subsection or in subsection (s) of Code Section 24-9-47. Any disclosure of AIDS confidential information as provided in this subsection shall include a written notice that such information is confidential information and shall not be further disclosed except by court order or as otherwise expressly authorized by applicable law."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Chambless of the 133rd, Parham of the 105th and Thomas of the 69th move to amend the Committee substitute to HB 842 by adding after the semicolon on line 9 of page 1 the following:

"to amend Code Section 31-22-9.2 of the Official Code of Georgia Annotated, relating to ordering HIV tests, so as to provide additional conditions under which HIV tests may be ordered without complying with certain requirements; to change certain penalty and statute of limitations provisions;".

By striking the quotation marks on line 4 of page 5.

By adding between lines 4 and 5 of page 5 the following:

"Section 2. Code Section 31-22-9.2 of the Official Code of Georgia Annotated, relating to ordering HIV tests, is amended by striking subsection (e) thereof and inserting in its place a new subsection to read as follows:

'(e) The criminal penalty provided in Code Section 31-22-13 shall not apply to a

violation of subsection (c) 61' 1 (d) 1 Q!: 1gl of this Code section. The statute of limitations for any action alleging a violation of this sHbseetioft Code section shall be two

years from the date of the alleged violation.'

-- ---

1250

JOURNAL OF THE HOUSE,

Section 3. Said Code section is further amended by adding at the end a new subsection to read as follows:
'(g) (1) As used in this subsection, the term "emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity, including but not limited to severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:
(A) Placing the patient's health in serious jeopardy;
(B) Serious impairment to bodily functions; or
(C) Serious dysfunction of any bodily organ or part.
(2) Notwithstanding the other provisions of this Code section, a health care provider otherwise authorized to order an HIV test for a patient may, upon compliance with paragraph (3) of this subsection, order an HIV test for a patient without being required to:
(A) Obtain the consent of the patient or any representative thereof;
(B) Disclose to the patient or any representative thereof that such test is being ordered;
(C) Give the patient or any representative thereof an opportunity to refuse the test; or
(D) Counsel the patient or representative thereof prior to ordering the test.
(3) A health care provider is authorized to order an HIV test pursuant to paragraph (2) of this subsection if:
(A) The patient has been, is being, or will be treated for an emergency medical condition by that health care provider or any agent or employee thereof or has been, is, or will be, undergoing invasive diagnostic procedures, surgery, or any other procedure in which the patient's body fluids are reasonably likely to come in contact with the health care provider or any agent or employee thereof;
(B) The patient has not received health care services from the health care provider during more than five days within a five-year period immediately preceding the date the patient was first seen by the health care provider for the treatment, surgery, or procedure which is a condition authorizing the test pursuant to subparagraph (A) of this paragraph.
(C) The patient is not charged for the test; and
(D) The results of that test are disclosed to the patient, but only if those results show a confirmed positive HIV test, in which event the health care provider shall provide counseling to the patient."'
By renumbering Sections 2 and 3, on lines 5 and 8 of page 5, as Sections 4 and 5, respectively.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy Y Adams Y Aiken Y Alford Y Allen
Athon Y Atkins

Y Bailey Baker Balkcom
Y Bannister N Barfoot Y Bargeron Y Barnett,B Y Barnett,M

Y Bates y Beck
Y Benefield Benn
Y Birdsong Bishop Bostick
Y Branch

Y Breedlove
N Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell

Y Carter YChambless
N Chance Y Cheeks N Childers
Clark,B Clark,H Y Clark,L

THURSDAY, FEBRUARY 15, 1990

1251

Y Coleman YColwell
Connell Y Couch N Crawford Y Crosby
N Cummings,B Cummings,M
Y Davis,C Y Davis,G Y Davis,M
Dixon,H
Y Dixon,S Y Dobbs
Dover YDunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W N Foster N Godbee y Goodwin
Y Green Y Greene Y Gresham

N Griffin
Y Groover N Hamilton Y Hanner YHarris N Hasty
Heard N Herbert Y Holcomb Y Holland N Holmes N Hooks Y Howren Y Hudson Y Irwin Y Isakson
Jackson,J Y Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones N Kilgore Y Kingston
N Lane,D Y Lane,R N Langford N Lawrence

Y Lawson
YLee Y Linder y Long
Y Lord Lucas
Y Lupton Mangum
N Martin N McCoy Y McDonald N McKelvey Y McKinney,B N McKinney,C N Meadows Y Milam Y Mobley
Moody
Y Morton N Moultrie Y Mueller
Y Oliver,C NOiiver,M YOrr N Orrock Y Padgett N Pannell YParham

Y Parrish Y Patten
Y Pettit Pinkston
N Poag Y Porter Y Poston Y Powell
Randall Y Ransom NRay
Y Reaves
N Redding N Richardson Y Ricketson Y Robinson YRoyal N Selman N Simpson
Sinkfield Y Smith,L N Smith,P N Smith,T Y Smith,W
Smyre YSnow N Stancii,F N Stancii,S

On the adoption of the amendment, the ayes were 107, nays 47. The amendment was adopted.

N Stauley Y Steele Y Stephens
Y Streat NTeper YThomaa,C NThomaa,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall
NWare N Watson Y Watts N White N Wilder Y Williama,B
Williama,J Y Yates NYeargin
Murphy,Spkr

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron N Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron
Y Bamett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove N Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell
Y Carrell

Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark,B Y Ciark,H Y Clark,L
Coleman Colwell Y Connell Y Couch 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 YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M YFioyd,J.W
Y Foster Y Godbee

Y Goodwin Y Green
Y Greene Y Gresham Y Griffm Y Groover Y Hamilton Y Hanner YHarris Y Hasty
Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Yirwin 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 Y Long y Lord
Lucas Y Lupton y Mangum
N Martin Y McCoy
Y McDonald Y McKelvey Y McKinney,B N McKinney,C
Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie YMueller Y Oliver,C N Oliver,M YOrr
N Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston

y Poag
Y Porter Y Poston YPowell
Randall YRanaom YRay
Y Reaves N Redding N Richardson Y Ricketson Y Robinson y Royal y Selman
Y Simpson Y Sinkfield
Y Smith,L Y Smith,P Y Smith,T YSmith,W Y Smyre
YSnow Y Stancii,F Y Stancii,S N Stauley Y Steele Y Stephens
Y Streat N Teper YThomaa,C YThomas,M YThompson

1252

JOURNAL OF THE HOUSE,

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

Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative McKinney of the 40th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1439. By Representative Walker of the 115th:
A bill to create the Perry Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Perry, Georgia.

The following Senate amendment was read:

Amend HB 1439 by striking "five" from line 24 of page 1 and inserting in its place "four".

Representative Walker of the 115th moved that the House agree to the Senate amendment to HB 1439.
On the motion, the ayes were 100, nays 0.
The motion prevailed.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1323. By Representatives Thompson of the 20th, Smyre of the 92nd, Oliver of the 53rd, Richardson of the 52nd, Lawson of the 9th and others:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, so as to provide for the office of state medical examiner and provide for the appointment, qualifications, and duties of that office; to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain requirements for coroners.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, so as

THURSDAY, FEBRUARY 15, 1990

1253

to provide for the office of state medical examiner and provide for the appointment, qualifications, and duties of that office; to provide for vacancies; to provide for the Medical Examiner Advisory Commission and its selection, meetings, duties, organization, and composition; to provide for expenses, terms, qualifications, and removal of commission members; to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain requirements for coroners; to change the short title; to change the provisions relating to definitions; to provide for assistance in making medical examiners' inquiries; to provide for certain persons to act as medical examiners; to change certain discretion regarding performance of autopsies and limited dissections; to provide for the performance of medical examiners' inquiries by the state medical examiner and others; to change certain fee and payment provisions; to provide for the return of bodies; to provide for the jurisdiction of coroners and county medical examiners; to provide for the payment of fees; to authorize clerical and other assistance; to authorize coroners and county medical examiners to delegate their powers to others, subject to certain limitations; to change the circumstances under which notices of death must be provided; to provide for orders to conduct medical examiners' inquiries; to provide for the filing and transmittal of such inquiries; to provide for duties of coroners and county medical examiners who receive notice of certain deaths; to provide for jurisdiction over the scene of death; to provide for embalming; to provide for dental examinations, fees, and payment thereof; to provide for possession of property of the deceased and of other objects; to provide for the release of the body; to provide for medical examiners to assume duties of coroners; to change the conditions under which inquests are required; to change who shall perform medical examiners' inquiries regarding inmates; to provide for investigation fees; to provide for subpoenas and copying of documents and costs therefor; to provide for the privileged nature of certain information; to require autopsies under certain conditions; to authorize other autopsies; to limit the removal of bodies and provide penalties relating thereto; to provide for filing reports and records and for their transmittal and the transmittal of evidence; to provide when inquests may be held and provide for subpoenas of witnesses; to provide when witnesses may be required to give evidence; to provide for petitions for the issuance of arrest warrants; to provide for an alternate coroner's juror; to provide for the number and compensation of coroner's jurors; to provide when a coroner's jury is to be empaneled and the duties of the jury; to provide for precepts and oaths for coroner's juries and the jury foreman; to provide for the change to the coroner's juries and for responsibilities and powers of coroner's juries; to provide for fines; to provide that medical examiner's inquiries shall be evidence in inquests and authorize the use of reports and copies relating thereto in other courts and proceedings; to provide for disposition of dead bodies and expenses therefor; to provide for disinterment of bodies; to provide for the taking of blood samples and for fees and procedures relating thereto; to provide for penalties; to provide for court reporting and the costs thereof; to change the composition of the Georgia Coroner's Training Council and provide for the term and duties of the new member; to change the continuing education requirement for coroners; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, is amended by adding at the end a new Code section to read as follows:
"35-3-15. (a) There is created within the Forensic Sciences Division of the Georgia Bureau of Investigation the office of state medical examiner, and, as used in this Code section, the term 'division' shall mean the Forensic Sciences Division of the Georgia Bureau of Investigation. No person may be a state medical examiner unless that person at the time of appointment:
(I) Is a pathologist certified in forensic pathology by the American Board of Pathology; and
(2) Has at least three years of full-time experience as a medical examiner. (b) The state medical examiner shall be appointed by the director of the Georgia Bureau of Investigation and shall have the following duties:

1254

JOURNAL OF THE HOUSE,

(1) Establish death investigation regions throughout the state and establish policy concerning the requirements for appointment of, and operation policy of, regional medical examiners to oversee death investigation activities in each established region;
(2) Appoint regional medical examiners; (3) After consulting with local county officials, appoint local medical examiners; (4) Appoint forensic consultants; (5) Organize and conduct regular educational sessions for medical examiners and coroners in the state in cooperation with the Georgia Coroner's Training Council and the Georgia Police Academy; (6) Maintain permanent death investigation records for all jurisdictions in the state; (7) Establish death investigation policies and guidelines for coroners and medical examiners; (8) Cooperate with other state agencies, as appropriate, to ensure public health and safety; and (9) Remove local medical examiners, regional medical examiners, and forensic consultants from appointment, upon approval by the director of the division. (c) In the event that the director of the Georgia Bureau of Investigation has not yet appointed a person to fill the position of state medical examiner, or if an appointment has been previously made but a subsequent vacancy has occurred, the director of the Forensic Sciences Division of the Georgia Bureau of Investigation shall be authorized to perform all duties of the state medical examiner during such vacancy. (d) There is created the Medical Examiner Advisory Commission consisting of the
following individuals: (1) The commissioner of human resources; (2) A district attorney; (3) A defense attorney; (4) Two licensed physicians, at least one of whom shall be a forensic pathologist
who serves as a full-time medical examiner in this state; (5) A coroner; (6) A superior court judge; (7) A layperson other than those indicated above; (8) A sheriff or local law enforcement officer; and (9) A funeral director licensed as such pursuant to Chapter 18 of Title 43.
(e) The commissioner of human resources shall be an ex officio voting member of the commission and shall serve while holding his state office. All other members of the commission shall be appointed by the Board of Public Safety created by Code Section 35-2-1. The first members so appointed shall begin their terms of office on July 1, 1990, with five of those members serving for initial terms of two years each and four of those members serving for initial terms of four years each, as such terms are specified in their appointment. After those initial terms, appointed members shall be appointed by the Board of Public Safety for terms of four years each. Each appointed member shall serve the term specified in this subsection and until the appointment and qualification of that member's respective successor. Any vacancy on the commission, other than of its ex officio member, shall be filled by the Board of Public Safety's appointment of a successor who meets the qualifications for the vacated membership position to which the person is appointed. The Board of Public Safety, after notice and hearing, may remove any
member appointed by the board for neglect of duty, misconduct, or incompetence. (f) The commissioner of human resources shall receive no additional compensation
for service on the commission but shall be reimbursed for expenses incurred by that commissioner in the performance of duties as such member. The funds necessary for the reimbursement of the expenses of the commissioner of human resources shall come from funds appropriated or otherwise available to the Department of Human Resources.
(g) Members of the commission, other than the commissioner of human resources, shall receive no compensation, allowances, or expenses for their services on the commis-
sion. (h) The first meeting of the commission shall be called each year by the commis-
sioner of human resources, who shall preside at that meeting until the members have

THURSDAY, FEBRUARY I5, I990

I255

elected a chairman and vice chairman and provided for the organization of the commission. The commission shall meet at least semiannually and at such additional times as necessary to carry out its duties.
(i) The commission shall recommend policies to improve the investigation of deaths in this state to the director of the Georgia Bureau of Investigation, the director of the Forensic Sciences Division of the Georgia Bureau of Investigation, and the state medical examiner.
(j) The commission shall recommend to the director of the division candidates for appointment as the state medical examiner."
Section 2. Chapter I6 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking paragraph (I) of subsection (b) of Code Section 45-I6-I, relating to election and qualification of coroners, and inserting in its place a new paragraph to read as follows:
"(I) No person shall be eligible to offer for election to or to hold the office of coroner unless he:
(A) Is a citizen of the United States; (B) Is a resident of the county in which he seeks the office of coroner for at least two years prior to his qualifying for the election to the office; (C) Is a registered voter; (D) Has attained the age of 25 years prior to the date of qualifying for election to the office. This subparagraph shall not apply to any person serving as a coroner on July I, I980; (E) Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July I, I980; 8ftd (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, 1and (G) Has successfully completed the next scheduled class no longer than I80 days after such person's election Q!_ appointment !!_basic training course provided !!Y_ the
Georgia Police Academy, but the affidavit required _Qy paragraph ill 2f this subsec-
tion shall not be required tQ affirm that the requirements Qf this subparagraph have
been met !!! the time Qf qualifying for the office 2f coroner."
Section 3. Said chapter is further amended by striking Article 2 thereof, the "Georgia Post-mortem Examination Act," and inserting in its place a new article to read as follows:
"ARTICLE 2

45-I6-20. This article shall be known and !!!!!J be cited as the 'Georgia P6st m6rlem Ex:aminati!'lfl Death Investigation Act.'
45 16 21. As used in this Miiele; the term!
(1) 'Autopsy' ffle8:H8 the disseeti!'ln of a dead hedy 8ftd the t'efH6Yfll 8ftd ex:amina tion of bone; tissue; tlf'g8H8; 8ftd fereigft ebjeets f6r the ~ of determining the esuse of death 8ftd eireumstsnees surrounding the 88me;
(2) 'Di~ision' ffle8:H8 the Di.ision of F'6rensie Setenees of the Georgia Bttrettu of
In estigation.
(3) 'Inquest' ffle8:H8 8ft offieittl jtldieial iflttWey before ft e6fifflel' ftHd e!'lraner's jttey f6r the ~ of determining the esuse of death,
(4) 'Medieal examiner' ffle8:H8 the lieeHsed physician 61' pathologist designated hy the direcl6r of the divisien 8ftd the eammissianer of httmsn resaurees pursuant ta GOOe 8eetffins 46 16 22 8ftd 46 16 27 f6r the ~ of performing past m6rtem ex:aminatii'IBS 6f autopsies as ~ ift this artiele; !flte pewer 8ftd authority eafttffred upoo 8ftid medieal ex:amiBer hy this article shftll be ex:teBded ta the direetar- of the divisiaw, 8ftd 8ftY qualified member 61' memhers of his stoff wham he has desigflftted fftfty; wheB sa requested, aet with all the authori-ty 8ftd ~ 8ftY duty of a

1256

JOURNAL OF THE HOUSE,

medie8:l examiner designated pt1rst1ant t6 GOOe 8eetitffls 46 16 22 ftfld 46 16 27. ~

!lOftS tmee established as medie8:l examiners by virttte ef their emple~ ment by the divi--

sieft shall have the same medie8:l examiner eligibilit~ as fiftY other medie8:l examiner

appeinted tmtlel' this artiele;

(6) 'Peaee effieel' in eharge! means fiftY member ef the State Patwl 61' the Ge&gia

Btlreatt ef In, estigatien, sheriff 61' slteriff!s deptlty; peaee effieel' assigHed t6 a e61'6-

ner!s effiee; e6tlfliy pelieeman, eity pelieeman, 61' eity deteethe wh6 may he in eharge

ef the in estigatien ef fiftY ease in eh ing a death e6Vel'ed by GOOe 8eetitffls ~

ftfld 46 16 32.

(6) 'Pest mertem examinatien' means 8ft examinatien after death ftfld shall inelttde

8ft examinatien 6f the dead bOOy ftfld stirretindings by the medieal examiner ftfld

peaee effieel' in eharge btit shall fl6t inelttde disseetien ef the bOOy fffl' fiftY ptlrpese.

45-16-21. As used!!! this article, the term:
(1) 'Autopsy' means the dissection Qf _~! dead body and the examination Qf bone, tissue, organs, and foreign objects for the purpose Qf determining the cause Qf death

and circumstances surrounding the same, which procedure shall include ~ _~! minimum
an external examination and the examination Qf the brain, neck and thoracic organs,

and abdominal organs.
(2) 'County medical examiner' means that office established!!! lieu Qf the office .2f

coroner pursuant !Q Code Section 45-16-80 2! !!!!Y amendment !Q the Constitution continued pursuant !Q the authority Qf Article ~ Section !,_ Paragraph IV Qf the Con-

stitution.
(3) 'Division' means the Division Qf Forensic Sciences Qf the Georgia Bureau Qf

Investigation.
(4) 'External examination' means an external examination Qf _~! dead body but shall not include dissection Qf the body for !!!!Y purpose except dissection which .\_ necessary for and limited !Q procurement Qf blood 2! body fluids for toxicological 2! other analy-

sis.

(5) 'Forensic consultant' means I! person meeting the requirements and authorized
!Q perform the duties specified!!! subsection (c) Qf Code Section 45-16-23. (6) 'Inquest' means an official judicial inquiry before _I! coroner and coroner's .h!!Y
for the purpose Qf determining the cause Qf death. (7) 'Limited dissection' means the incision into 2! dissection Qf _~! dead body for

diagnosis 2! evidence collection and the term includes without being limited !Q an

external examination but does not include an individual examination of the:

~Brain;

---------

--

(B) Neck organs;
(C) Thoracic organs; and
(D) Abdominal organs
but !!!!!Y include an examination Qf !!!!Y but not all Qf the categories Qf organs specified !!! subparagraphs (A) through (D) Qf this paragraph.
(8) 'Local medical examiner' means _I! person meeting the requirements and autho-
rized !Q perform the duties specified!!! subsection (b) Qf Code Section 45-16-23.
(9) 'Medical examiner' means:
(A) The state medical examiner;
(B) A regional medical examiner;
iQL___A county medical examiner;
illL_A local medical examiner; 2! (E) Any person who ! employed _Qy the state and appointed ~ _~! medical exam-
iner ~ Qf December !, 1989, who continues !Q perform the duties and exercise the powers Qf _~! medical examiner under this article when such performance and exercise ! within the scope Qf such employment.
(10) 'Medical examiner's inquiry' means an inquiry made _Qy _I! medical examiner into the circumstances surrounding _I! death which ! required !Q be reported under the
provisions .2f Code Section 45-16-24, which inquiry !!!_1!Y include, but.! not required
!Q include, I! scene investigation, an external examination, I! limited dissection, an autopsy, 2! !!!!Y combination thereof.

THURSDAY, FEBRUARY 15, 1990

1257

(11) 'Medical examiner's investigator' means !! person meeting the requirements and
authorized !2 perform the duties specified!!! subsection (d) Qf Code Section 45-16-23. (12) 'Peace officer !!! charge' means _!!!!Y peace officer Qf the Georgia State Patrol
Q! agent Qf the Georgia Bureau Qf Investigation, sheriff Q! sheriffs deputy, peace offi-
cer assigned !2 the coroner's office, county policeman, ~ policeman, Q! ~ detective
who !!!!!.}' be !!! charge Qf the investigation Qf _!!!!Y case involving !! death covered ~ Code Sections 45-16-27 and 45-16-32. ----u3)~nal medical examiner' means _!! medical examiner appointed ~ the state medical examiner who ~ !! pathologist certified !!! forensic pathology ~ the American
Board Qf Pathology.
(14) 'Scene investigation' means an examination ~ the medical examiner Q! medical examiner's investigator Qf the area surrounding !! dead body Q! area where !I death Q! agonal event occurred.
(15) 'State medical examiner' means !I medical examiner whose office~ created .Qy Code Section 45-16-92.
45-16-22. (a) The director of the division is authorized and directed to cooperate
with and assist the peace officers in charge, medical examiners, and coroners of the state in making the facilities of the division available for the performing of post mortem exarninatiom artd atit6psies medical examiners' inquiries on dead bodies as required by this article.
(b) The tHreet6r 6f the dWisitm; t6gether with the eommissioner 6f hwntm reso1:1rees, state medical examiner shall authorize one or more licensed physicians or pathologists at convenient locations throughout the state to act as medical examiners in performing
post mortem examinations 6r ttl:ltopsies medical examiners' inquiries as required by this article. The tHreet6r 6f the divisi6n state medical examiner shall confer with local county
officials in making Stieh appointments Qf regional and local medical examiners. (c) Except ~ otherwise provided !!! this article, It !! shall be in the sole discretion
of the medical examiner to determine whether or not an autopsy or limited dissection is required; provided, however, that he shall give due consideration to the opinions of the coroner and the peace officer in charge regarding the requirements of accepted
investigation techniques and the rules of evidence applicable thereto.
(d) In the event that any local medical examiner, county medical examiner, Q!
regional medical examiner is unable or unwilling to serve in any case, the coroner or the peace officer in charge may call upon ltftY 6ther metHeal examiner 6r tlp6fl the tHreet6r 6f the divisi6n 6r ltftY examiner emplo:Yed by him artd paid by the~ -wOOse dttty it shaH then be t6 perf6rm Stieh post mortem examination 6r ltl:lt6psy 6r t6 direet ltftY metHeal examiner t6 perf6rm the 8lHfte the state medical examiner, who shall perform !! medical examiner's inquiry Q! direct another medical examiner !Q perform such
inquiry.
(e) For each post mortem external examination so performed, in cases where limited dissection Q! autopsy of the body is not required, the medical examiner shall receive a
fee of $100.00; and, in cases where dissection of the body is required, he shall receive a fee of $300.00 for a partial post mortem examination artd ltl:lt6psy limited dissection and a fee of $400.00 for a eomplete post mortem examination artd an autopsy. The fee in each case is to be paid from funds of the county in which the act was committed; or, if the county in which the act was committed is unknown, the fee shall be paid from
funds of the county in which the body was found. In the event the place in which the act was committed is not known but is later established, the county in which the act was committed shall be responsible for payment of fees incurred by the medical exam-
iner.
(f) When death occurs in a hospital as a direct result and consequence of acts or events taking place in a county other than the one in which such death occurs, the body
shall be returned to the county in which such acts or events took place. When a dead body is found in a county in which the acts or events leading to death did not occur, it shall be returned to the county in which the acts or events did occur, if known. The
coroner Q! county medical examiner of the county in which such acts or events took place shall assume jurisdiction and the medical examiner's inquiry post mortem 6r

1258

JOURNAL OF THE HOUSE,

autopsy, if any performed, shall be paid for from funds of the county in which such acts

or events took place.

(g) In the event thai the p6st m6rtem examinati6B 6l ltttt6psy i% perf6rmed by- the

direet6l 6f the ~ by- 1tftY examiner empl6~ ed by- him ltftd paid by- the state, 6l In the event that !'! medical examiner's inquiry ~ performed ~ the state medical examiner

Q! an employee thereof, no fee therefor shall be imposed pursuant j;Q this Code section.

fu the event that !'! medical examiner's inquiry ~ performed by a medical examiner regu-

larly employed at a fixed compensation by any county or group of counties, no fee shall

be imposed upon _I!!!Y county Q! group Qf counties employing that medical examiner !'!!

!'! fixed compensation.

45 16 23. (h) The director of the division is authorized to employ such additional

clerical or secretarial assistance as may be necessary to accomplish and perform the

duties imposed upon him by this article.

45-16-23. (a) Notwithstanding _1!!!Y other provision Qf this chapter, _1!!!Y coroner Q!

county medical examiner !!!!'!Y delegate j;Q !'!local medical examiner, forensic consultant,

Q! medical examiner's investigator the power j;Q perform those duties Qf such coroner Q! medical examiner specified !!! this Code section !f the person j;Q whom such power ~

thus delegated meets the applicable requirements Qf this Code section for the perform-

ance Qf such duties, but the performance Qf those delegated duties shall not!!! !'!!!Y man-

ner infringe upon Q! diminish the authority Qf the peace officer !!! charge !'!! the scene

of the crime. -(b) A local medical examiner shall be !'! licensed physician appointed ~ the state

medical examiner j;Q perform scene investigations, external examinations, limited

dissections, autopsies, Q! !'!!!Y combination Qf such duties. ~ forensic consultant shall be an expert !!! !'! field Qf forensic science, including

but not limited !Q odontology Q! anthropology, appointed and authorized _2y the state

medical examiner
)Urisd~Ction.

-to

- exa-mi- ne

-hu-ma-n

-rem-a-in-s

-an-d

evidence

-un-de-r

-th-e

-me-d-ica-l

examiner's

!QLA medical examiner's investigator shall be!'! person employed~!'! medical examiner j;Q perform duties Qf such medical examiner with the same authority ~ the medical examiner while !'!! the scene Qf death and during subsequent investigation, except that
no medical examiner's investigator ~ authorized j;Q make !'!!!Y arrest Q! perform official external examinations, limited dissections, Q! autopsies.
45-16-24. i!!}_ When any person dies in any county in this state;
(1) 8!! As a result of violence ; ;
(2) by- fu suicide or casualty ; ;
(3) stiddenl) Suddenly when in apparent good health , ; (4) when When unattended by a physician; 6l ;
m (5) In any suspicious or unusual manner, with particular attention !Q those ~
sons 16 years Qf ~ and under; (6) After birth but before seven years Qf ~ !f the death ~ unexpected Q! unex-
plained;
(7) During surgery Q! recovery within 24 hours after surgery Q! within 24 hours
after having first received general anesthesia;
~ !'! result Qf an execution carried out pursuant !Q the imposition Qf the death penalty under Article ~ Qf Chapter 10 Qf Title 11; Q!
(9) When an inmate Qf !'! state hospital Q! !'! state, county, Q! !illY penal institution,
it shall be the duty of any law enforcement officer or other person having knowledge of such death to notify immediately the coroner Q! county medical examiner of the
county wherein the body is found or death occurs. For the purposes of this Code section, no person shall be deemed to have died unattended when the death occurred while the
person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31.
iliL___A coroner Q! county medical examiner who ~ notified Qf !'! death pursuant j;Q subsection i!!}_ Qf this Code section shall order !'! medical examiner's inquiry Qf that death.
(c) Whenever an affidavit!!! made and filed with!'! court having criminal jurisdiction attesting that !'! person came j;Q his death ~ foul P!!'!Y,_ that court !!!!'!Y interrogate and
examine witnesses, !f !'!!!Y exist, ~ !Q the necessity Qf _!'! medical examiner's inquiry.

THURSDAY, FEBRUARY 15, 1990

1259

Should the court decide that !! medical examiner's inquiry !!!_ essential !2 the ends Qf ~
~ such inquiry shall be ordered Qy that court. !.c!L_A medical examiner's inquiry required under this Code section shall be reduced
!2 writing and filed ~ provided !!! Code Section 45-16-32. At the time Qf such filing,
!! ~ Qf the medical examiner's inquiry into !! death reported !Q !! coroner Q!_ county
medical examiner pursuant !2 paragraph fill_ Qf subsection (a) Qf this Code section shall also be transmitted !2 the department Qf family and children services Qf the county !!!
which the child resided at the time of death. ~16-25~) Upon receipt of the notice required by Code Section 45-16-24, the coroner Q!_ county medical examiner shall immediately take charge of the dead body flftd
it , !! shall be his duty the duty Qf!! coroner ~ notified to summon a medical examiner and proper peace officer. !! shall be the duty Qf!! county medical examiner ~ notified !2 summon !! proper peace officer. When present at the scene of death, the peace officer
shall have jurisdiction over the scene of death. !pftey The medical examiner or coroner and the peace officer shall together make inquiries regarding the cause, manner, and circumstances of death. If either the peace officer or medical examiner is not present at the scene of death, then whichever of the two officers is present shall have jurisdiction over the scene of death. If neither the peace officer nor the medical examiner is present
at the scene of death !!! _!!!!Y county !!! which the office Qf coroner has not been replaced
Qy !! county medical examiner, the coroner shall assume the responsibility of such officers at the scene of death and shall have the body transported !Q!! local medical examiner who shall conduct !! medical examiner's inquiry. ~ medieftl examifter shaH peffilrm a pest mMtem exltlftiftltiitm 61' ~ redt~eiftg his flfttlfflgs -ttl writiftg flftd fil.. ing them with ifte direei6l' 6f ifte diYisttm tlptlft l'eptll'i furms -ttl be ftlrftished by said direei6l'; The medical examiner, at any time when he deems it necessary, may have the body embalmed for preservation or to avoid the threat of infectious disease prior to release of the body to the next of kin. Such expense of embalming shall be paid in the manner provided in Code Section 45-16-44 for payment of burial expenses.
(b) When positive identification of dead bodies has not been established conclusively through personal visual examination of the remains by persons well acquainted with the decedent in life or by comparison of fingerprints or footprints or by identification of unique physical characteristics, such as prosthetic appliances, or by comparison of skeletal X-rays, including previous fractures, or by amputations, the medical examiner must either chart or X-ray the decedent's dentition or call upon a licensed dentist of his choosing to carry out a dental examination of the body. This may be accomplished either by examination in situ or by removal of the jaws with teeth to the dentist's office. The dentist shall chart the deeeased deceased's dentition and make two copies, one of which shall be filed with the 8tl-t6psy medical examiner's inquiry report to the division and state medical examiner's office and the other with the Georgia Crime Information Center of the Georgia Bureau of Investigation. The dentist may, at his discretion, make such X-rays of the mouth as he deems necessary. The dentist is entitled to a fee of $50.00 for charting the dentition at the morgue or scene, $25.00 for charting the dentition at his office, and $25.00 for X-rays. These fees shall be paid by the county of the coroner's or county medical examiner's jurisdiction.
(c) The coroner Q! county medical examiner shall, in the absence of the next of kin of the deceased person, take possession of all property of value found on such person, make an exact inventory thereof on his report, and surrender the same to the person entitled to its custody or possession. The coroner, medical examiner, or peace officer shall take possession of any objects, anatomical specimens, or articles which, in his opinion, may be helpful in establishing the cause of death; and in cooperation with the division he may make such tests and examinations of said objects, specimens, or articles as may be necessary or useful in determining the cause of death. In the event that a criminal prosecution arises, all such objects and articles together with reports of any examinations made upon them shall be retained in the custody of the director of the division until their production as evidence is required by the prosecuting officer or upon written order of the peace officer in charge or court having proper jurisdiction.
45-16-25.1. A dead body, other than skeletal remains, taken into custody under this article shall be released to the next of kin of the deceased, or to the agent of the next

1260

JOURNAL OF THE HOUSE,

of kin, no later than 24 hours after the demand for release by that next of kin, or agent thereof, unless by that time the peace officer, medical examiner, or coroner has made a written finding that foul play may have been involved in the death of the deceased.
45-16-26. When there is no coroner or deputy coroner in a county l!! which the office Qf coroner has not been replaced !1Y ~ county medical examiner or when both are absent
from the county when needed or will not or cannot perform the duties required under this article, the medical examiner shall assume the duties and responsibilities of the coroner. When the medical examiner is performing the duties of the cbroner in such cases, such medical examiner may sign the death certificate except when an inquest is held.
45-16-27. (a) Coroners shall require ft past martem examiHatiaH 61' fttlt6psy ttl be perfurmed ftfld an inquest to be conducted in their respective counties as follows:
(1) When any person dies ftS ft resttlt 6f \ialeHee, by sttieide 61' eftsttftlty, sttddeHiy wheft in: app~~:reHt good heftlth; wheft ttHatteHded by 11: physieiaH, witftift 1M lwttrs ftfter admissian t6 ft lt6spitftl witft6ttt fiftviHg regaiHed eaHseiattsHess, 61' in: ftf1Y sttspieiatts 61'
tlfttl8tl8:l :!flttflftef under !!!!Y circumstances specified l!! paragraphs (1) through (9) 2f
Code Section 45-16-24; provided, however, that fl6 an inquest sftft!l be fteltl is not required !Q be held, although the coroner ~ authorized!Q hold an inquest, under the following circumstances:
(A) When upon the completion of the past martem exftffiiHatiaH 61' fttlt6psy medical examiner's inquiry the peace officer in charge and the medical examiner are satisfied that, even though death resulted from violence, no foul play was involved. In this event, the peace officer in charge and the medical examiner shall make a written report of their investigation and findings to the division as set forth in Code Section 45-16-32 and upon their recommendation, the coroner shall make and file a proper death certificate;
(B) When tbe preseaee 6f 6fle 61' ifl6l'e ey ewitHesses wft6 ftfe eaasidered e6ffij'letent by tbe pettee 6ffieer in: efiftrge hfts beeH established When there is sufficient evidence to establish the cause and manner of death, even though the past marteftl examtnati6fl 61' fttlt6psy medical exammer'S inquiry revealed that death resulted from foul play;
(C) When no demand for an inquest is made within 30 days after the filing of the death certificate. However, if such demand is made by the party or parties affected by the death, the coroner is authorized to hold the inquest;
(D) When upon the completion of the past martem examiaatiaH 61' fttlt6psy medical examiner's inquiry the medical examiner and peace officer in charge are sufficiently satisfied that death resulted from natural causes, and tbe that medical examiner or coroner is willing to and does sign and file a proper death certificate, and no demand for an inquest is made within 30 days thereafter;
(E) When after full and complete investigation no evidence of foul play is found in cases of hidden cause of death which fall under the jurisdiction of the coroner. The coroner shall be authorized to sign the death certificate on the basis of the information given to him in the reports of the peace officer in charge and the medical examiner, provided that, in such hidden causes of death, after a complete investigation, if sufficient medical history is obtained by the coroner, the peace officer in charge, or the medical examiner to disclose the cause of death and if the attending physician will sign the death certificate, such cases shall not come under the jurisdiction of the coroner; provided, further, that, if there are sufficient competent eyewitnesses to an act in the opinion of the peace officer in charge, such cases shall not come under the jurisdiction of the coroner; or
(F) In cases of deaths of personnel in the armed forces of the United States government resulting from airplane disasters involving airplanes of the armed forces, including crashes or explosions, which deaths shall not come under the jurisdiction of the coroner. It shall be the responsibility of the peace officer in charge to notify the proper armed forces of the United States government immediately of such airplane crashes or explosions in order that they may send their trained forces to the scene for investigation. It shall be the duty of the peace officer in charge, when notified of such crashes or explosions, to proceed to the scene and guard the area in

THURSDAY, FEBRUARY 15, 1990

1261

such manner that no bodies or parts of said airplanes shall be moved or disturbed until the arrival of proper investigating officers from the armed forces of the United States government; (2) When an inmate of a state hospital or a state, county, or city penal institution dies suddenly without an attending physician or as a result of violence. !Ffte ~ 6f ihe divisitm shall thereupon be HOtified, notwithstanding ihe pl'esenee 6f witnesses. !Ffte direetor 6f ihe divisitm 6l S6me qtlalified fl'l:efHber ef his staff 6l fl metliefll aaminer empl<ryed ftt fl ffited eompensation by ihe state shall perf6lm all post mortem examinatioos 6l autopsies The state medical examiner, regional medical examiner, .2!: county medical examiner shall perform all medical examiners' inquiries in cases of death of any inmate of a state hospital or state, county, or city penal institution. The
coroner1 !!:! those counties ig which such office has not been replaced Qy!! county med-
ical examiner, shall hold an inquest after receiving the written reports as set forth in Code Section 45-16-32;
(3) 'Nhenever offiered by a e6tllt havfflg erimiHal jurisdietion. It shall be ihe dtity 6f sflid eottrt; ~hene.er 8H affidavit is made 8Hd filed with -the e6tllt that it is ffi:tSpeeted tftftt a pel'S6H eame to his death by fotil play; to interrogftte fiHd ~ clfter witnesses, if 8ftY; as to ihe neeessity for 8H in~<estigation, post mortem examination, 6l 8\:ltopsy; tmd; sftotikl: ihe e6tll't -then ~ tftftt fl post mortem examination 6l 8\itopsy 8Hd iHfltteSt file essential to ihe ends 6f jtlstiee; ihe Sflffie shall be ordel'etl;
6l
(3) When ordered Qy !! court !!:! connection with !! medical examiner's inquiry ordered Qy that court pursuant !2 subsection (c) 2f Code Section 45-16-24; .2!:
(4) Notwithstanding any other provisions of this subsection, no person shall be deemed to have died unattended by a physician when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31.
(b) Effective January 1, 1989, coroners shall be entitled to an investigation fee of $100.00 where no jury is impaneled and a fee of $100.00 where a jury is impaneled and shall be paid upon receipt of a monthly statement to the county treasury. A deputy coroner shall receive the same fee as the coroner for the performance of services in place of the coroner and shall be paid upon receipt of a monthly statement to the county treasury. Such fee shall be paid by the county where the inquest is held except in counties where the coroner receives an annual salary, in which case no fee shall be imposed upon the county.
(c) When a coroner or a medical examiner conducts an investigation into the death of an individual, he shallbe authorized to issue subpoenas to compel the production of any books, records, or papers relevant to the cause of death. Any books, records, or papers received by the coroner or medical examiner pursuant to the subpoena must be regarded as confidential information and privileged and not subject to disclosure under Article 4 of Chapter 18 of Title 50. The actual costs of copying any books, records, or papers for the purposes of responding to a ooroner's subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner Q! county medical examiner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county.
45-16-27.1. (a) Where !! coroner Q! county medical examiner has been notified pur-
suant !2 paragraph .ffil 2f subsection 1!!}_ Qf Code Section 45-16-24 Qf the death Qf @Y
person after birth but before 15 years Qf .!!@ whose death ~ unexpected Q! unexplained, the medical examiner's inquiry required Qy Code Section 45-16-25 shall include an
autopsy unless that inquiry shows that such death was expected and explainable with
!! reasonable degree 2f medical certainty. (b) The provisions 2f this Code section shall !!PP.Jy notwithstanding subsection (b) 2f
Code Section 45-16-22 .2!: @Y other provision Qf this article.
45-16-28. In the case of death of any person under such circumstances as would not require a post mortem examination medical examiner's inquiry under Code Section ~ 45-16-24, any physician who is duly licensed under the laws of this state or any other state having licensing requirements equal to or greater than those imposed by this

1262

JOURNAL OF THE HOUSE,

state shall be deemed to have been legally authorized to perform an autopsy upon the

body of a deceased person when such autopsy has been consented to by the person

assuming custody of the body for the purposes of burial, such as the husband, wife,

father, mother, child, guardian, next of kin, or, in the absence of any of the foregoing,

a friend of such deceased person charged by law with the responsibility of burial. If two

or more of such persons assume custody of the body, the consent of one of them shall

be deemed sufficient legal authorization for the performance of the autopsy.

45-16-29. No person shall move or authorize the removal of any body from the place

where the same is found until the investigation is completed and such removal is autho-

rized by the coroner or medical examiner present at such investigation; or, if no such

coroner Q! medical examillefiSpresent, the peace officer shall authorize such removal;

provided, however, that this Code section shall not apply to the removal of a body where

the death occurred while the person was a patient of a hospice licensed under Article

9 of Chapter 7 of Title 31.

45-16-30. No person shall move or transport a body across a Georgia state line until

the investigation of the case and the pest mertem examiftatieft 61' lltlt6psy by the medi-

eal examiRer medical examiner's inquiry are complete and until the removal of the body

is authorized by the coroner Q! county medical examiner. Any person who violates this

Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be

punished by a fine of not less than $500.00 or more than $1,000.00 or 60 days in jail,

or both.

45-16-31. When the deceased body lies in a place inconvenient for holding a :!ffi8t-

ffl6f'tem examiRatieft 61' lltlt6psy medical examiner's inquiry, the medical examiner or

coroner shall be allowed to remove the body to the autopsy room of the nearest public

hospital or morgue. If neither the coroner nor the medical examiner is immediately

available, the peace officer may assume the authority to have the body moved to such

facility. When such facility is not reasonably available, the body may be removed to

such other suitable place as may be designated by the coroner or the medical examiner

or by the peace officer in charge in the absence of the coroner or medical examiner. If

the peace officer in charge is present, no such body shall be removed until photographs

of the body and surrounding premises have been made and a thorough investigation of

the premises has been made by the proper investigating authorities.

45-16-32. The medical examiner and coroner shall file in triplicate a report of each
pest mertem examiftatieft 61' lltlt6psy llfHI eaeh ffittttil'Y medical examiner's inquiry and

coroner's investigation with the director of the division, who shall assign to the reports

an appropriate division file number and return one copy of the pest mertem examifta

ti6R 61' lltlt6psy l'efl6l't those reports to the medical examiner and forward one copy each

of the pest mertem examiRatieft 61' lltlt6psy l'efl6l't medical examiner's inquiry and coro-

ner's report to the coroner Q! county medical examiner and _!;Q the llfHI peace officer in

charge. The coroner Q! county medical examiner shall maintain permanent records of

such reports. The coroner Q! county medical examiner may file all original reports with

the clerk of the superior court of the county. In cases where such report indicates a sus-

picion of foul play, the medical examiner and peace officer in charge shall transmit any

specimens, samples, or other evidence to the division for verification. In cases where

reports indicating foul play are verified by the division, the director of the division shall

cause additional copies of such verified report to be made and transmitted to the appro-

priate prosecuting attorney where the acts or events leading to the death occurred.

45-16-33. Upon the completion of the pest mertem examiRatieft 61' lltlt6psy medical

examiner's inquiry by the medical examiner, as provided in Code Section ~

45-16-24, and after verification by the division when such verification is required, the

coroner shall then make an inquest into the death of such deceased person as provided

in Code Section 45-16-27.

45-16-34. (a) The coroner shall issue subpoenas to or otherwise compel the attend-

ance of witnesses; and he shall administer to such witnesses the following oath:

'The evidence that you shall give this inquest on behalf of the state concerning the

death of

(or a person unknown, as the case may be)

shall be the truth, the whole truth, and nothing but the truth, so help you God.'

THURSDAY, FEBRUARY 15, 1990

1263

(b) When a coroner conducts an inquest into the death of an individual, he shall be authorized to issue subpoenas to compel production of any books, records, or papers relevant to the cause of death. Any books, records, or papers received by the coroner pursuant to the subpoena must be regarded as confidential information and privileged and not subject to disclosure under Article 4 of Chapter 18 of Title 50. The actual costs of copying any books, records, or papers for the purpose of responding to a coroner's subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county; provided, however, that the county shall not be responsible for duplication costs under $25.00.
45-16-35. If the inquest discloses facts which lead or may lead to the prosecution of any person for the homicide of the person for whom the inquest is held, the coroner shall require all witnesses who testify to facts material to the issues involved in such prosecution to enter into a recognizance to appear in the superior court of the county
in which the inquest is held and to give evidence against the defendant in such prosecu-
tion; and he shall also petition for the issuance Qf issue a warrant for the arrest of the
person suspected of the homicide, which warrant shall be returnable as other warrants. 45-16-36. The coroner shall summon and impanel five jurors and one alternate juror
to hold an inquest, which jurors shall decide the verdict by a majority vote. The first grand jury impaneled at the fall term of the superior courts of the several counties shall
fix the compensation of said jurors for the next succeeding year but such compensation shall not be less than $5.00 nor more than $25.00 per diem. It shall be the duty of the coroner or other person discharging the duties of the coroner to give a certificate of the fact of such service to each juror. Upon presentation of such certificate to the proper
fiscal authority of the county in which the inquest is held, such fiscal authority shall
pay the juror for his services. 45-16-37. No coroner's jury shall be impaneled until the investigation is completed
and copies of the reports of the medical examiner and the peace officer in charge are received by the coroner. The jury is not required to view the body.
45-16-38. Whenever a coroner receives notice of the death of any person within the
limits of the county of which he is coroner, which death occurred under circumstances which make it his duty, under the law, to hold an inquest, he shall make out a precept directed to the sheriff or any constable of the county having jurisdiction requiring him
to summon a jury of inquest selected from the grand jury or traverse jury lists of the last excused term of the superior court of such county to appear before the coroner at
the time and place mentioned in the precept, which precept may be in the following
form:
State of Georgia

County. = - . . . . , . - ; - - - ; - - - : - : : ; ; - - - - ; - - ; ; - . . . . . - To the sheriff or any lawful constable of said county.

Greeting:

You are required immediately to summon five mett six persons of said county, cho-

sen from the lists of grand jurors and traverse jurors of the last excused term of the

superior court of said county, to be and appear before me, the undersigned, coroner

of the county aforesaid, at

, in said county, on the

day of

at

:

. M. of that same day, then and

""thc-e_r_e-:-to--;-in_q_u_I'""r_e_o-,f",-d'o-,-a-n-d.--e-xecute all such things as in behalf of the state shall be

given them in charge concerning the death of

(or a

person unknown, as the case may be), and be you then and there with this precept

to certify what you have done in the premises and further to do whatsoever else may

in behalf of the state be enjoined upon you.

Given under my hand and seal, this the

day of

, in the

year of our Lord _____________

...,-..,..,--;,---,--:--;;;;-----,-..,..,-,Coroner (L.S.) Such precept shall be immediately executed by the sheriff or constable in whose hands it may be placed; and, if the services of the sheriff or a constable cannot be conveniently obtained, the coroner may summon the jury himself.

1264

JOURNAL OF THE HOUSE,

45-16-39. (a) The following oath shall be administered to the foreman of the jury

by the coroner:

'You, as foreman of the inquest, shall diligently inquire and true presentment make,

on behalf of the State of Georgia, how and in what manner

(or

a person deceased, unknown, as the case may be) came to his death and of such

other matters relating to the same as shall be lawfully required of you, according

to evidence, so help you God.'

(b) The remainder of the jury shall be sworn by the coroner as follows:

'The same oath which the foreman of this inquest has taken on his part each of you

shall observe and keep upon your part, so help you God.'

45-16-40. (a) The coroner shall charge the jurors to declare1 and they shall ~ declare, whether the person for whom the inquest is held died by: mtH'der; ffi8flslattghrer,
misaeh tfltttre, Hlisfurtttflt, aeeide11t, 61' 6ther" ise. ~ jttr6l's shalf ftl86 deelftre

(1) Whe11, by w h a t - , 8lltl ill what ffiltflflti' the l'ffi'S6Il diel, tBt----If the l'ffi'S6Il 'W8l! ftlttrdered, wh6 were the pri11eipals 8lltl wh6 were aeeess6ries,

f3t----lf the l'ffi'S6Il died by ffiaflslattghrer, wh6 were the perpetrat6rs, t#----fft etl8tS 6f lflttl'der 61' ffi8flslaeghter, with what iflstrttffieflt the str6lre 61' W6ttfld

'W8l! give~~;
f6t-----lf the l'ffi'S6Il died by Hlisad <'efltttFe, ffiisfurtttfle, aeeide11t, 61' 6thel"'o ise, whetheF

it W8l! tt11 aet 6f GOO et" tt11 aet 6f iftflfl ttlltl whether the 1Mlf'S6Il died by .ffijttry, fall;

str6lre; dr6Wfl:iflg, 61' ill ttflY 6ther way;

(6) Wh6 W8l! j'll'tStflt at the death;

(7) Where the J)el'S6fl lived; wh6 he was; 8lltl wh6 were his pal'tflts; relati611S, 8lltl

11eighb6rs,

(8) \llh6 were the fiftelel's 6f the bOOy;

(9) Whether the J)el'S6fl died ill the 8lHflt piaee the OOdy 'W8l! futtftd 61' else~vhere,

llflti; if else" here, wh6 ffl6Vetl the bOOy;

fffi)--AH 6f the eirettffistttflees FelatHtg t6 the death;

fHt-If the l'ffi'S6Il died ill j'll'isetr, whetheF he died by haM ttS8gt there 8fltl, if str,

by wh6ftl; 8lltl

~ the J)el'S6fl pttt tt11 tlld t6 his 6Wfl life; the fflftflfltl'; metmS ~ iflstrttffieflt

empl6yed, 8lltl the eirettffiStaflees e6fteerfliflg it

(1) Homicide;

(2) Suicide;

(3) Accident;

(4) Natural causes; 2!

(5) Undetermined causes

and all Qf the circumstances relating !Q the death.

(b) The jury shall have full and unrestricted power to inquire and pass upon all the

matters and things thus given them in charge and they shall have this power even if

the whole or a part of the charge is omitted.

45-16-41. Any juror failing to attend and serve on a coroner's inquest after being

duly summoned may be fined by the coroner in a sum not exceeding $100.00 to be levied

and collected by execution issued by the coroner unless such defaulting juror shall file

in the office of the judge of the probate court a good and sufficient excuse for the

default to be judged by the next probate court held thereafter.

45-16-42. In all inquests the results of the f16St ffi6rteffi elfaffiifl8ti6fl medical

examiner's inquiry performed shall be offered in evidence either by oral testimony of the

medical examiner or by introduction of a copy of the report filed with the director of

the division, as verified in the cases requiring verification. The jury shall be free to reach

a verdict in accord or discord with such evidence but in all cases such evidence must

be presented to them for their consideration.

45-16-43. Reports of f16St ftl6rteffi elfaffiiflati6ns medical examiners' inquiries per-

formed as provided in this article and copies of records, photographs, laboratory find-

ings, and reports in the office of the director of the division, when duly attested by said

director, shall be received as evidence in any court or other proceeding for any purpose

for which the original could be received without any proof of the official character of

the person whose name is signed thereto.

THURSDAY, FEBRUARY 15,1990

1265

45-16-44. After the post-tfttutem e:x:smiftlttiM medical examiner's inquiry and inquest

have been completed, the dead body shall be delivered to the person legally entitled

thereto for burial. If no person claims the body, it shall be turned over to the coroner

of the county where death occurred for disposition as provided by law. If the deceased

has an estate out of which burial expenses can be paid, either in whole or in part, such

estate shall be taken for such purpose before any expense under this Code section is

imposed upon any county.

45-16-45. In order to implement this article, coroners are authorized to disinter any

body already buried and, like a sheriff, to command the power of the county for that

purpose. Medical examiners1 other than local medical examiners, may likewise exercise such authority in any case wherein such authority is granted by an order of the judge

of the superior court of the county. Such orders may be granted by judges of the supe-

rior courts, in their discretion, upon petition of any medical examiner other than a local

medical examiner.

-- -- - --

45-16-46. When any person has been admitted to a hospital or morgue as a result of any casualty and for any reason whatsoever is unable to give his consent to the taking of a sample of blood for analytical purposes, the coroner Q! peace officer in charge of the investigation of the circumstances surrounding the casualty may notify a medical examiner for the purpose of obtaining a blood sample to test for the presence of intoxicating substances or in the case of a dead body and where appropriate for the presence of infectious agents. The blood may be drawn by the medical examiner or at his direction. The medical examiner or his designee shall be entitled to a fee of $20.00 for performing these services, which fee shall be paid in the same manner as set out in Code Section 45-16-22. The peace officer may also request any licensed physician, registered nurse, or a medical or laboratory technician who draws blood from patients as part of his regular duties to withdraw blood for purposes of this Code section, in which event such person shall incur no civil or criminal liability as a result of the medically proper obtaining of such blood when requested in writing by the peace officer. The medical examiner or the peace officer in charge shall submit the blood specimens to the division for analysis; and a certified report shall be submitted by the division to the submitting officer.
45-16-47. Except as provided in Code Section 45-16-30, any person who violates this article shall be guilty of a misdemeanor.
45-16-48. A coroner may be authorized to employ, at his discretion, a court reporter who is certified under Article 2 of Chapter 14 of Title 15, 'The Georgia Court Reporting Act,' to record the proceedings of any inquest. The cost of acquiring the services of a certified court reporter shall be paid from the funds of the county where the inquest is held."

Section 4. Said chapter is further amended by striking subsection (a) of Code Sec-
tion 45-16-62, establishing the Georgia Coroner's Training Council, and inserting in its
place a new subsection to read as follows: "(a) There is established a council which shall be known and designated as the
'Georgia Coroner's Training Council' which shall be composed of the superintendent of the Georgia Police Academy or his designee, which member shall not be a voting member, and ; five coroners appointed by the Board of Public Safety, three of whom will be selected from a list of five persons recommended by the Georgia Coroner's Associa-
tion; and one physician trained !!! forensic pathology and appointed .Qy the Board Qf Public Safety, which physician member shall not be !! voting member 2f the council but
shall advise the council regarding the training course curriculum for coroners. The term
2f office 2f the physician member appointed !!! 1990 shall begin September !, 1990, and
that and all subsequent terms for that office shall be for four years and until the
appointment and qualification 2f!! successor. The five coroners appointed shall serve for
terms of four years. The term of office of the member initially appointed in 1987 shall begin September 1, 1987. Any person1 other than the physician member, appointed to the council who ceases to serve as a coroner shall be ineligible to continue service on the council. The Georgia Police Academy shall establish a curriculum advisory committee to provide information beneficial to the development of courses at the Georgia Police

1266

JOURNAL OF THE HOUSE,

Academy. Members of the committee will be selected by the superintendent of the Georgia Police Academy."
Section 5. Said chapter is further amended by striking subsection (a) of Code Section 45-16-66, relating to annual training requirements, and inserting in its place a new subsection to read as follows:
"(a) In order to maintain the status of a certified coroner, each person certified as such shall complete l6 32 hours of additional training per annum during each year in which he serves as coroner, as provided in Code Section 45-16-6, and shall file a certificate of additional training with the Board of Public Safety."
Section 6. Those provisions of this Act necessary for the appointment of members of the Medical Examiner Advisory Commission shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective on July 1, 1990.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and withdrawn:

Representative Smith of the 152nd moves to amend the Committee substitute to HB 1323 by striking "or" on line 6 of page 16 and striking the comma at the end of line 8 on page 16 and inserting the symbol and word "; Q!" in its place.
By adding between lines 8 and 9 of page 16 the following:
"i!Q)_ Stillbirth Q! neonatal death occurring unexpectedly with evidence Qf illegal ~
ical abuse, illegal maternal Q! fetal trauma, Q! illegal drug intoxication,".

The following amendments were read and adopted:

Representative Childers of the 15th, et a!, move to amend the Committee substitute to HB 1323 as follows:
By changing the figure "15" on line 29 page 24 to the figure "7" and by changing the word "and" on line 33 page 24 to the word "or".

Representative Redding of the 50th moves to amend the Committee substitute to HB 1323 by striking "director of the division" from lines 26 and 27 of page 6 and inserting "director of the Georgia Bureau of Investigation" in its place.

Representatives Thompson of the 20th and Smyre of the 92nd move to amend the Committee substitute to HB 1323 by striking lines 1 through 3 of page 16 and by striking from line 4 of page 16 the following:
"@",
and inserting in lieu thereof the following:
"ill"
By striking from line 7 of page 16 the following:
".ffil",
and inserting in lieu thereof the following:
"{1".
By striking line 12 of page 20 and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 15, 1990

1267

"@ Qf subsection _(!!)_ Qf Code Section 45-16-24; provided, however,".

The following amendment was read and lost:
Representative Wall of the 61st moves to amend the Committee substitute to HB 1323 by inserting immediately following line 33 of page 7 the following:
"Section 3. Said chapter is further amended by inserting at the end of said Code Section 45-16-1 a new subsection to read as follows:
'(d) Notwithstanding any other provision of law, no person who is a funeral director required to be licensed pursuant to Part 3 of Article 1 of Chapter 18 of Title 43 shall be eligible to serve as coroner; provided, however, that any such person serving as coroner on July 1, 1990, shall be eligible for reelection to such office."'
By striking the number "3" on line 1 of page 8 and inserting in lieu thereof the number "4".

By striking the number "4" on line 29 of page 34 and inserting in lieu thereof the number "5".
By striking the number "5" on line 29 of page 35 and inserting in lieu thereof the number "6".
By striking the number "6" on line 8 of page 36 and inserting in lieu thereof the number "7".
By striking the number "7" on line 14 of page 36 and inserting in lieu thereof the number "8".

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 AUen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot N Bargeron
Y Barnett,B Y Bamett,M
YBates YBeck
Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch
Y Breedlove N Brooks Y Brown Y Buck

Y Buford Y Byrd
Y CampbeU Y CarreU
Y Carter YCbambless Y Chance Y Cheeks
Y Childers Clark,B
Y Clark,H Y Clark,L YColeman Y ColweU
ConneU Y Couch
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 YEhrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee y Goodwin
Y Green
Y Greene Y Gresham Y Griffm
Y Groover Y Hamilton
Hanner Y Harris y Hasty
YHeard Y Herbert Y Holcomb Y HoUand Y Holmes Y Hooks
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 Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong Y Lord
Lucas Y Lupton y Mangum
N Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows
Milam

Y Mobley YMoody Y Morton Y Moultrie
Y MueUer Y Oliver,C Y Oliver,M YOrr y Orrock
Y Padgett Y PanneU Y Parham Y Parrish
Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y PoweU y RandaU
YRansom YRay N Reaves y Redding
Y Richardson Y Ricketson Y Robinson

1268

JOURNAL OF THE HOUSE,

y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P YSmith,T Y Smith,W

Y Smyre
YSnow Y Stancil,F
Y Stancii,S Y Stanley Y Steele Y Stephens Y Strest

N Teper Y Thomas,C
YThomas,M Y Thompson YThurmond Y Titus Y Tolbert Y Townsend

y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall NWare Y Watson

Y Watts Y White Y Wilder
YWilliams,B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Public Safety:

HB 1630.

By Representatives Holland of the 136th, Poston of the 2nd, Fennel of the 155th, Baker of the 51st, Irwin of the 13th and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change a certain definition.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1278.

By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated, to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state.

The following Senate amendment was read:

Amend HB 1278 by striking from line 9 of page 3 the following: "second", and inserting in lieu thereof the following: "third". By striking line 31 of page 23 and inserting in lieu thereof the following: "(9) By striking '16-31-21' and inserting in lieu thereof '16-13-21' in paragraph (8) and by adding 'or' before 'the payment of in". By striking from line 5 of page 24 the following: "subsection (a)", and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 15, 1990

1269

"subsection (a) and in subsection (b)".

Representative Thomas of the 69th moved that the House agree to the Senate amendment to HB 1278.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Ahernathy Y Adams
Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford
Y Byrd YCamphell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Connell Y Couch 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
Dover YDunn Y Edwards YEhrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Godbee Y Goodwin Y Green Y Greene Y Gresham YGriffin Y Groover
Hamilton Hanner

Y Harris Y Hasty
Y Heard Y Herhert Y Holcomb Y Holland Y Holmes YHooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson Y Lee Y Linder Y Long
Y Lord Lucas
Y Lupton YMangum
Martin Y McCoy
McDonald Y McKelvey

On the motion, the ayes were 155, nays 0. The motion prevailed.

McKinney,B Y McKinney,C
Y Meadows YMilam YMobley YMoody 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
Pinkston y Poag
Y Porter Y Poston YPowell y Randall
Y Ransom YRay
Reaves y Redding Y Richardson
Y Ricketson Y Robinson YRoyal
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 Stephens
Y Streat Y Teper Y Thomas,C YThomas,M Y Thompson
Thurmond Y Titus Y Tolhert Y Townsend YTwiggs
Y Vaughan
Y Waddle Y Walker,C Y Walker,L YWall YWare Y Watson Y Watts
White Wilder Y Williams,B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1630 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
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:

1270

JOURNAL OF THE HOUSE,

HB 1609.

By Representatives Dunn of the 73rd, Ware of the 77th, Griffin of the 6th, Groover of the 99th, Ricketson of the 82nd and others:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that certain group or blanket accident and sickness insurance policies or contracts may contain such benefits, coverages, and reimbursements as may be agreed upon between the group policyholder and its insurer.

The following amendment was read and adopted:

Representative Dunn of the 73rd moves to amend HB 1609 by striking on lines 19 and 21 of page 2 the following:
"50", and inserting in its place the following:
"25".

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 N Abernathy N Adams Y Aiken N Alford
NAllen Y Athon Y Atkins N Bailey N Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Batee y Beck N Benefield NBenn Y Birdsong N Bishop
Y Boetick Y Branch Y Breedlove N Brooks Y Brown N Buck Y Buford YByrd
YCampbell Carrell
Y Carter Y Chambless Y Chance Y Cheeks

N Childers Clark,B
Clark,H N Clark,L N Coleman
Colwell Connell
Couch Y Crawford N Crosby N Cummings,B N Cummings,M Y Davis,C N Davis,G Y Davis,M N Di.Ion,H Y Dixon,S y Dobbs
Y Dover
YDunn N Edwards YEhrbart
Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Y Footer Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner

YHarris Y Hasty
Heard N Herbert N Holcomb Y Holland NHolmea NHooks Y Howren Y Hudson N Irwin
Isakson Y Jackson,J
Jackson,W N Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R N Langford N Lawrence Y Lawson YLee Y Linder
Long y Lord
Lucas N Lupton y Mangum
N Martin Y McCoy Y McDonald NMcKelvey

N McKinney,B
N McKinney,C N Meadows YMilam Y Mobley Y Moody
Y Morton Moultrie
N Mueller Y Oliver,C NO!iver,M
YOrr N Orrock N Padgett N Pannell
Parham N Parrish
Patten Y Pettit
Pinkston y Poag
Porter Y Poston
Y Powell N Randall Y Ransom NRay
Reaves y Redding
Richardson Y Ricketson N Robinson y Royal N Selman N Simpson
N Sinkfield

Y Smith,L
N Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F
Stancil,S N Stanley
Steele N Stephens
Y Streat N Teper NThomas,C NThomas,M NThompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan YWaddle N Walker,C Y Walker,L
NWall YWare
Watson Y Watts
White N Wilder
Williams,B Williams,J
N Yatee y Yeargin Y Murpby,Spkr

On the passage of the Bill, as amended, the ayes were 92, nays 58.
The Bill, having received the requisite constitutional majority, was passed, as amended.

THURSDAY, FEBRUARY 15, 1990

1271

By unanimous consent, HB 1609, as amended, was ordered immediately transmitted to the Senate.

Representative Redding of the 50th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The Speaker assumed the Chair.

HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th, Benn of the 38th and Yeargin of the 14th:
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 designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system educator has committed certain designated crimes under Georgia law.

By unanimous consent, further consideration of HB 1521 was postponed until Monday, February 19, 1990.

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1142 Do Pass, by Substitute
Respectfully submitted,
Is/ Twiggs of the 4th
Chairman

Representative Dover of the 11th 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1753 Do Pass HR 810 Do Pass
Respectfully submitted,
Is/ Dover of the 11th
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:

1272

JOURNAL OF THE HOUSE,

HB 1498.

By Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgment is less than a certain dollar amount; to provide that appeals in actions for damages in which the judgment is $10,000.00 or less shall be taken as provided in such Code section.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy
Y Adams Aiken
Y Alford NAllen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates y Beck Y Benefield Y Benn Y Birdaong N Bishop Y Bostick Y Branch Y Breedlove N Brooks
Y Brown YBuck Y Buford Y Byrd Y CampbeD
Y CarreD Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B
Clark,H Y Clark,L Y Coleman
ColweD Y ConneD
Couch
Y Crawford Crosby
Y Cummings,B Cummings,M
Y Davis,C Davis,G
Y Davis,M Y Di:r.on,H Y Dixon,S Y Dobbs Y Dover
Dunn
Y Edwards Y Ehrhart
Y Felton Fennel
Y Floyd,J.M Y Floyd,J.W
Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham
Griffin Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb
Y HoUand Y Holmes YHooks
Howren Y Hudson Y Irwin Y Iaakson Y Jackson,J
Jackson,W Jamieson Y Jenkins N Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Lane,R
Y Langford Y Lawrence Y Lawson YLee
Linder YLong
Y Lord Lucas
Y Lupton y Mangum
N Martin Y McCoy Y McDonald Y McKelvey

McKinney,B McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Y MueDer Y Oliver,C YOliver,M YOrr
Orrock Y Padgett
Y PanneD Y Parham Y Parrish
Patten Y Pettit
Pinkston y Poag
Porter Y Poston Y PoweD N RandaU Y Ransom YRay
Reaves y Redding Y Richardson Y Ricketson Y Robinson y Royal
Selman Y Simpson N Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F
Stancil,S Y Stanley
Steele Y Stephens Y Streat Y Teper Y Thomas,C NThomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker,C Y Walker,L YWaU Y"Ware
Y Watson Y Watts N White YWilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 136, nays 9. The Bill, having received the requisite constitutional majority, was passed.

Representative Steele of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1754. By Representatives Lee of the 72nd and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Olympic Games Authority Act," so as to define and redefine certain terms; to change provisions relating to local and state government entities' participation in authority affairs; to change provisions relating to costs of projects of the authority and what constitutes Olympic games.

THURSDAY, FEBRUARY 15, 1990

1273

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B Y Barnett,M Y Bates
YBeck Y Benefield Y Bonn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell
Y Couch 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,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner

Harris Y Hasty Y Heard
Herbert Y Holcomb
Y Holland Y Holmes YHooks
Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston y Poag
Porter Y Poston Y Powell y Randall
Y Ransom Ray Reaves
y Redding
Y Richardson Y Ricketson Y Robinson y Royal
Selman Y Simpson
Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre
YSnow Y Stancii,F
Stancii,S Y Stanley
Y Steele Y Stephens
Y Streat Y Teper YThomas,C YThomas,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
YWilliams,B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1665.

By Representatives Walker of the 115th, Jackson of the 9th, Groover of the 99th, Isakson of the 21st, Coleman of the 118th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide for issuance of license plates to Justices of the Supreme Court and Judges of the Court of Appeals on the same basis as license plates are issued to certain other officials.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey

Baker Y Balkcom' Y Bannister Y Barfoot Y Bargeron Y Bamett,B Y Barnett,M Y Bates
Beck

Y Benefield
Bonn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown

Y Buck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

N Childers Clark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch Y Crawford

1274

JOURNAL OF THE HOUSE,

Y Crosby Y Cummings,B Y Cummings,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
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
Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder

Y Long
Y Lord
Lucas Y Lupton YMangum YMartin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
YParham Y Parrish
Patten

Y Pettit
Pinkston y Poag
Porter Y Poston Y Powell y Randall
Y Ransom Ray Reaves
y Redding
Y Richardson Y Ricketson Y Robinson y Royal
Selman Y Simpson Y Sinkfield
Y Smith,L Y Smith,P Y Smith,T YSmith,W Y Smyre YSnow Y Stancil,F
Stancil,S Y Stanley

Y Steele Y Stephens
Streat Teper
Thomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert
Y Townsend y Twiggs
Y Vanghan Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts Y White Y Wilder Y Williarns,B
Williarns,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 1. The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House were read and adopted:
HR 870. By Representatives Bailey of the 72nd, Lee of the 72nd and Benefield of the 72nd: A resolution commending and recognizing the Reverend R. H. Burcher.

HR 871. By Representatives Waddle of the 113th, Groover of the 99th, Jones of the 71st, Isakson of the 21st, Walker of the 115th and others:
A resolution relating to the enactment of laws by the General Assembly addressing the drug problem in Georgia.
HR 873. By Representatives Williams of the 48th, Edwards of the 112th and Murphy of the 18th:
A resolution congratulating Amy Ray and Emily Saliers of the Indigo Girls.

HR 874. By Representative Green of the 106th: A resolution commending Joseph Lee Parker, M.D.

HR 875. By Representative Carter of the 146th: A resolution commending and recognizing Mr. Leroy Howell of Cook County.

HR 876. By Representative Green of the 106th: A resolution paying tribute to Mary Shields Hogan.

HR 877. By Representatives Parham of the 105th and Parrish of the 109th: A resolution commending Mr. Charles Weems.

THURSDAY, FEBRUARY 15, 1990

1275

HR 878. By Representatives Abernathy of the 39th, Benn of the 38th, Brooks of the 34th, McKinney of the 35th, Sinkfield of the 37th and others:
A resolution commending Honorable William Lee Roberts.

HR 879. By Representatives Gresham of the 21st, Isakson of the 21st, Wilder of the 21st, Ehrhart of the 20th, Thompson of the 20th and others:
A resolution commending Otis A. Brumby, Jr.

HR 880. By Representative Ray of the 98th: A resolution commending Mrs. Frances McDaniel.

HR 881. By Representatives Patten of the !49th, Long of the 142nd, Barfoot of the !20th, Carter of the I46th and Crawford of the 5th:
A resolution commending the State Foresty Commission for its role in the National Forest Stewardship Program.

HR 882. By Representatives Thomas of the 69th, Robinson of the 96th, Oliver of the 53rd, Baker of the 51st, Davis of the 45th and others:
A resolution commending H. Wayne Howell.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 864. By Representatives Carter of the I46th and Chambless of the 133rd:
A resolution commending and recognizing six-year-old Christie Shoupe of Berrien County and the Albany Easter Seals Society and inviting her, her family, and a representative of the Albany Easter Seals Society to appear before the House of Representatives.

Representative Reaves of the !47th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 575 Do Pass, by Substitute
Respectfully submitted, /s/ Reaves of the I47th
Chairman

Pursuant to HR 863, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 19, 1990.

1276

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 19, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Adams Aiken Alford Allen
Athon Atkins Bailey Baker Balkcom
Bannister
Barfoot Barnett,B Barnett,M
Bates Beck Benefield Birdsong Branch Breedlove Brooks Buck Buford Byrd Campbell Carrell Carter Chambless Cheeks
Clark,B

Clark,H Clark,L Coleman Colwell Connell Crawford Crosby Cummings,B Cummings,M
Davis,C Davis,G Davis,M
Dixon,H
Dixon,S
Dobbs Dover
Dunn Ehrhart Fennel Floyd,J.M Floyd,J.W Foster Godbee Goodwin
Greene Griffin Groover Hamilton
Hanner

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 Lupton

McCoy McKelvey Meadows Milam Mobley Moody Morton Mueller Oliver,C Oliver,M Orr Orrock Padgett Pannell Parham Parrish
Patten Pettit Porter Poston Powell
Randall
Reaves
Richardson Ricketson Robinson Royal
Selman

Simpson Sinkfield Smith,L Smith,P Smith,W Snow Stancil,F Stancil,S Stanley Steele Stephens Streat Teper Thomas,M Thompson Titus
Tolbert Townsend Vaughan
Waddle
Wall Ware Watson
Watts Wilder
Williams,B
Yates Yeargin

Prayer was offered by Rabbi Sue Ann Wasserman, The Temple, Atlanta, Georgia.

Representative Bargeron of the 108th, 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.

MONDAY, FEBRUARY 19, 1990

1277

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 1915. By Representatives Childers of the 15th and Parham of the 105th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Anatomical Gift Act," so as to delete certain provisions providing preferences to potential recipients of donations.
Referred to the Committee on Health & Ecology.

HB 1916. By Representative Murphy of the 18th:
A bill to amend an Act creating the office of sole commissioner of Haralson County, so as to submit to the voters of Haralson County the question of changing the form of government of Haralson County; to provide for the creation of a multimember board of commissioners as the governing authority of Haralson County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1917. By Representative Barnett of the lOth:
A bill to provide for the creation of the Johns Creek Community Improvement District.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1918. By Representative Barnett of the lOth:
A bill to provide a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, for the full value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or disabled.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1919. By Representative Birdsong of the 104th:
A bill to create the Joint Wilkinson-Mcintyre-Irwinton-Toomsboro Water and Sewer Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1920. By Representatives Ehrhart of the 20th, Clark of the 20th, Wilder of the 21st, Thompson of the 20th, Gresham 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 number of assistant district attorneys and investigators to be appointed in said circuit and to change the compensation of the chief investigator and the investigators.
Referred to the Committee on Judiciary.

HB 1921. By Representative Branch of the 137th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the chairman of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

1278

JOURNAL OF THE HOUSE,

By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:

HB 1922. By Representatives Herbert of the 76th, Adams of the 79th, Yates of the 75th and Heard of the 43rd:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the superior court judges of that judicial circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1923. By Representative Oliver of the 121st:
A bill to amend an Act creating a new charter for the City of Glennville, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1924. By Representative Twiggs of the 4th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to change the penalty provisions relating to the crime of failing to stop for or otherwise fleeing or attempting to elude a police officer.
Referred to the Committee on Public Safety.
HB 1925. By Representative Twiggs of the 4th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting and fishing licenses, permits, and stamps generally, so as to provide for hunting license reciprocity for Florida residents who are disabled veterans.
Referred to the Committee on Game, Fish & Parks.
HB 1926. By Representatives Richardson of the 52nd, Redding of the 50th, Parham of the 105th, Jackson of the 83rd, Oliver of the 121st and others:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals in general, so as to provide for the offense of cruelty to animals.
Referred to the Committee on Game, Fish & Parks.

HB 1927. By Representative Carter of the 146th:
A bill to amend an Act creating the Board of Commissioners of Berrien County, so as to change the provisions relating to the compensation of members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1928. By Representative Bannister of the 62nd:
A bill to provide a homestead exemption from all City of Lilburn ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $5,000.00 of the assessed value of the homestead for certain residents of the City of Lilburn and in the amount of $10,000.00 of the assessed value of the homestead for certain other residents of the City of Lilburn who are 65 years of age or over or who are disabled.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 19, 1990

1279

HB 1929. By Representative Bannister of the 62nd:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife, so as to provide that crossbows will be legal for hunting wildlife under certain restrictions.
Referred to the Committee on Game, Fish & Parks.

HB 1930. By Representatives Couch of the 36th and McKinney of the 40th:
A bill to amend an Act providing a new charter for the City of Hapeville, so as to provide that the City of Hapeville shall have and be authorized to exercise all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law".
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1931. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide that future school superintendents of the Henry County School District shall be appointed by the board of education rather than elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1932. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to change the compensation of the members of the board of commissioners other than the chairman.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1933. By Representatives Allen of the 127th, Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd and Mueller of the 126th:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to authorize the judges of the Magistrate Court of Chatham County to set aside a certain portion of the filing fees to fund a mediation service.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1934. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide for the election of future members of the board of education of the Henry County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1935. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to authorize the governing authority of Henry 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.

1280

JOURNAL OF THE HOUSE,

HB 1936. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act incorporating the City of McDonough, so as to change certain provisions regarding punishment and sentencing by the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1937. By Representatives Allen of the 127th, Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd and Mueller of the 126th:
A bill to amend an Act creating the State Court of Chatham County, so as to require the clerk of said court to set aside a certain portion of filing fees to fund a mediation service.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1938. By Representatives Snow of the 1st, Beck of the 148th, Lane of the 111th, Harris of the 84th, Coleman of the 118th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving any rate schedules which would authorize rates or charges for certain telephone service on any type of measured service basis.
Referred to the Committee on Industry.

HB 1939. By Representatives Barnett of the lOth, Murphy of the 18th, Childers of the 15th and Parham of the 105th:
A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide additional conditions for revocation of certificates of need or authority to operate.
Referred to the Committee on Health & Ecology.

HB 1940. By Representatives Dover of the 11th, Dixon of the 128th, Mangum of the 57th, Twiggs of the 4th and Watts of the 41st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 44 of the Official Code of Georgia Annotated, relating to property, so as to change provisions relating to the disturbing of interred human remains; to prohibit the disturbing of human remains or related artifacts without a permit from the county.
Referred to the Committee on Health & Ecology.

HB 1941. By Representatives Colwell of the 4th, Twiggs of the 4th, Meadows of the 91st and Oliver of the 121st:
A bill to amend Article 3 of Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to the regulation of farm equipment manufacturers and distributors, so as to include within the application of said article certain transactions, agreements, and relationships involving utility and industrial equipment, yard and garden equipment, and related parts and accessories.
Referred to the Committee on Motor Vehicles.

MONDAY, FEBRUARY 19, 1990

1281

HB 1942. By Representatives Baker of the 51st, Teper of the 46th, Richardson of the 52nd, Lawrence of the 49th, Williams of the 48th and others:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, so as to change the penalties for ordinance violations.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1943. By Representatives Baker of the 51st, Teper of the 46th, Richardson of the 52nd, Lawrence of the 49th, Williams of the 48th and others:
A bill to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to change the penalties which may be imposed by such court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1944. By Representatives Titus of the 143rd and Long of the 142nd: A bill to provide a new charter for the City of Thomasville, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1945. By Representatives Irwin of the 13th, Clark of the 13th, Thurmond of the 67th and Stephens of the 68th:
A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, so as to provide for the number of members and for the election of members of the Board of Education of Clarke County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1946. By Representatives Thomas of the 69th, Simpson of the 70th, Meadows of the 91st, Yates of the 75th, Jones of the 71st and others:
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 fourth judge of the superior courts of the Coweta Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor.
Referred to the Committee on Judiciary.

HB 1947. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act changing the composition and providing for the election of the Board of Education of Appling County, so as to provide for staggered terms of office of members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1948. By Representatives Thomas of the 69th, Simpson of the 70th and Langford of the 7th:
A bill to amend Code Section 31-33-3 of the Official Code of Georgia Annotated, relating to costs of copying and mailing patient's health records, so as to provide maximum charge for each page of a record that is copied and provided.
Referred to the Committee on Judiciary.

1282

JOURNAL OF THE HOUSE,

HB 1949. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act providing a new charter for the City of Baxley, so as to provide for the annexation of certain streets, roads, and highways into the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1950. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act creating a Board of Commissioners of Appling County, so as to provide for staggered terms for the members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1951. By Representatives Jenkins of the 80th, Dunn of the 73rd and Smith of the 78th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit.
Referred to the Committee on Judiciary.

HR 884. By Representatives Mangum of the 57th and Athon of the 57th:
A resolution proposing an amendment to the Constitution so as to provide for the office of Commissioner of Education in place of the office of State School Superintendent and for other matters relative to the foregoing.
Referred to the Committee on Education.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1882 HB 1883 HB 1884 HB 1885 HB 1886 HB 1887 HB 1888 HB 1889 HB 1890 HB 1891 HB 1892
HB 1893 HB 1894
HB 1895 HB 1896
HB 1897 HB 1898 HB 1899 HB 1900
HB 1901 HB 1902
HB 1903 HB 1904

HB 1905 HB 1906 HB 1907 HB 1908 HB 1909 HB 1910 HB 1911 HB 1912 HB 1913 HB 1914 HR 862 HR 865 HR 866 HR 872
SB 531 SB 681
SB 687 SB 698
SB 700
SB 713 SR 285 SR 362

MONDAY, FEBRUARY 19, 1990

1283

Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 109 Do Pass, by Substitute HB 738 Do Pass, by Substitute

HB 1726 Do Not Pass HB 639 Do Pass, by Substitute

Respectfully submitted,
Is/ Cummings of the 17th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1839 Do Pass, as Amended HB 1873 Do Pass HB 1876 Do Pass HB 1878 Do Pass

HB 1879 Do Pass HB 1880 Do Pass HB 1881 Do Pass

Respectfully submitted,
Is/ 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 Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1801 Do Pass, by Substitute HR 794 Do Pass

HR 795 Do Pass HR 812 Do Pass

Respectfully submitted,
Is/ Kilgore of the 42nd
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1839. By Representative Lord of the 107th: A bill to provide a new charter for the City of Sandersville, Georgia.

The following amendment was read and adopted:

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The Committee on State Planning & Community Affairs moves to amend HB 1839 by adding "the northernmost fork of' after the word "until" on line 27 of page 16.
By striking "creek" from lines 3, 4, and 5 of page 18 and inserting "ditch" in its place.

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 1873.

By Representative Hudson of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the compensation of the 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 1876. By Representative McDonald of the 12th: A bill to create the Commerce Civic Center and Tourism Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1878.

By Representative Smith of the 78th:
A bill to amend an Act providing for the election of the members of the Butts County Board of Education, so as to provide for per diem and expenses of members of such board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1879.

By Representatives Smith of the 78th and Dunn of the 73rd:
A bill to amend an Act creating a new charter for the City of Hampton, so as to revise certain provisions relating to the jurisdiction and powers of the municipal court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

MONDAY, FEBRUARY 19, 1990

1285

The Bill, having received the requisite constitutional majority, was passed.

HB 1880. By Representatives Smith of the 78th and Dunn of the 73rd:
A bill to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to provide for a municipal court and the judge or judges thereof.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1881. By Representatives Smith of the 78th and Dunn of the 73rd:
A bill to amend an Act creating a new charter for the City of Locust Grove, so as to revise certain provisions relating to the jurisdiction and powers of the municipal court; to change certain provisions relating to judges, procedures, appeals, rules, and penalties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 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 495. By Senator Shumake of the 39th:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to authorize each local board of education to allow any teacher to transfer from classroom teaching into a nonteaching position after 25 years of employment in the public school systems of this state; to provide that such position transfer shall be without a reduction in salary.

SB 521. By Senator Langford of the 35th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to property subject to forfeiture for violations involving controlled substances, so as to provide that any forfeited money or currency which vests in a local political subdivision may be expended by the governing authority of such subdivision to provide financial assistance to any program, club, group, organization, or team operating within a local public housing project.

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JOURNAL OF THE HOUSE,

SB 616. By Senator Barnes of the 33rd:
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 the acceptance and making of certain campaign contributions during legislative sessions; to provide for penalties in connection therewith; to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and registration of persons with the Secretary of State, so as to provide for definitions.
SB 623. By Senators Foster of the 50th, Kidd of the 25th, Gillis of the 20th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Board of Trustees of the Georgia Military College; to provide definitions; to provide for composition of such board; to provide for the appointment and terms of members; to provide for a chairman.

SB 636. By Senators Johnson of the 47th, Peevy of the 48th and Howard of the 42nd:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to evidentiary privileges in general, so as to provide a qualified privilege for persons, companies, or other entities engaged in news gathering and dissemination; to provide an effective date.

SB 679. By Senator Kidd of the 25th:
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 with respect to children and youth services, so as to change the amount of financial assistance which may be granted with respect to the legal adoption of certain hard-to-place children.

SB 680. By Senators Scott of the 2nd and Tysinger of the 41st:
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 and then restate the purpose and certain of the statutory terms and conditions upon which the State Properties Commission is exclusively empowered to grant a revocable license; to provide an effective date.

SB 705. By Senators Barker of the 18th, Kidd of the 25th, Starr of the 44th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to provide for a consolidation of the delivery of social services to families and children; to provide for legislative findings; to provide for purposes of the article; to provide for definitions.

SB 708. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights and funding requirements under the "Quality Basic Education Act," so as to change the provisions relating to the use of funds for staff development purposes and for professional development stipends.

MONDAY, FEBRUARY 19, 1990

1287

HB 156. By Representative Kingston of the 125th:
A bill to amend Part 3 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Employees' Retirement System of Georgia for service as a teacher, so as to authorize creditable service to be obtained for certain teaching service as an employee of a county school district which maintained a local retirement system.

HB 255. By Representatives Porter of the 119th and Jamieson of the lith:
A bill to amend Code Section 33-34-11 of the Official Code of Georgia Annotated, relating to the cancellation of required motor vehicle insurance, so as to authorize the commissioner of public safety to assess a fine against an insurer which sends a notice of cancellation to the Department of Public Safety in violation of the department's regulations.

HB 458. By Representative Adams of the 79th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that certain persons who are allowed to continue as members of the retirement system may obtain certain creditable service; to provide requirements and for other matters relative thereto.

HB 1206. By Representatives Benn of the 38th and McKinney of the 35th:
A bill to amend Code Section 48-5-349 of the Official Code of Georgia Annotated, relating to the composition of the Ad Valorem Assessment Review Commission, so as to provide that the appraiser member shall be certified by certain organizations.

HB 1417.

By Representatives Kilgore of the 42nd, Godbee of the llOth and Birdsong of the 104th:
A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so as to provide changes in the number of days for which per diem is allowed for members of the State Transportation Board.

HB 1419. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the president of every public or private college or university, or his designee, shall be a county deputy registrar or a municipal deputy registrar; to provide for powers and duties.

HB 1570. By Representative Redding of the 50th:
A bill to amend Code Section 41-2-9 of the Official Code of Georgia Annotated, relating to county or municipal ordinances relating to unfit buildings or structures, so as to provide that a hearing relating to a dwelling, building, or structure alleged to be unfit for habitation shall be held in the municipality when the property in question is located within a municipality.

SB 720. By Senator Peevy of the 48th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, as amended, so as to change the corporate limits of the city.

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SB 722. By Senators Ragan of the 32nd, Clay of the 37th, Newbill of the 56th and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the provisions relating to the position of chief judge of the State Court of Cobb County.

HB 1495. By Representative Breedlove of the 60th:
A bill to increase the homestead exemption from city ad valorem taxes for residents of the City of Norcross who own and occupy their residences; to increase the homestead exemption from city ad valorem taxes for residents of the City of Norcross who are 62 years of age or older and who own and occupy their residences.

HB 1716. By Representative Crawford of the 5th:
A bill to amend an Act creating the office of commissioner of Chattooga County, so as to provide for the compensation of the commissioner.

HB 1750. By Representatives Wilder of the 21st, Clark of the 20th, Isakson of the 21st, Aiken of the 21st, Atkins of the 21st and others:
A bill to amend an Act creating a board of elections and registration in Cobb County, so as to authorize the board to employ an attorney.

HB 1765. By Representative Powell of the 145th:
A bill to amend an Act providing a new charter for the City of Norman Park, so as to change the provisions relating to the date of taking office; to reestablish two-year terms of office for the mayor and councilmen; to provide for the date of the regular municipal election.

HB 1776. By Representatives Isakson of the 21st, Thompson of the 20th, Vaughan of the 20th, Howren of the 20th, Atkins of the 21st and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas counties, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.

HB 1777. By Representative Poag of the 3rd:
A bill to amend an Act creating a new charter for the City of Cohutta, so as to consolidate and redefine the various annexations of the City of Cohutta into a single corporate limit description.

HB 1778. By Representatives Padgett of the 86th, Connell of the 87th, Cheeks of the 89th and Brown of the 88th:
A bill to repeal an Act creating the Oak Ridge Water and Sewerage Authority.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House:

MONDAY, FEBRUARY 19, 1990

1289

SR 281. By Senators Gillis of the 20th and English of the 21st:
A resolution designating a portion of the growth corridor program as the "Kaolin Parkway".

SR 410. By Senators Scott of the 2nd, Coleman of the 1st and Kennedy of the 4th:
A resolution authorizing and encouraging negotiations to acquire certain real property located in Chatham County, Georgia.

SR 413. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a road right-of-way in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; to provide an effective date.

SR 414. By Senator Kennedy of the 4th:
A resolution creating the Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas.

HR 586. By Representative Royal of the I 44th:
A resolution authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia.

HR 587. By Representative Royal of the I 44th:
A resolution authorizing the conveyance of certain state owned real property located in Mitchell County, Georgia.

HR 851. By Representative Hamilton of the I 24th:
A resolution commending Mr. Steven Tanner and the Southeast Regional Troubled Children's Committee, Inc..

HR 867. By Representatives Brooks of the 34th, McKinney of the 35th, Thomas of the 31st, Stanley of the 33rd, Lucas of the 102nd and others:
A resolution declaring February 16, 1990, as Nelson Rolihlahla Mandela Day and urging the government of South Africa to continue its progress along the road to constructive change.

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:

HR 89. By Representative Parham of the 105th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

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HB 1149. By Representative Allen of the 127th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty".

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 1226. By Representatives Richardson of the 52nd, Connell of the 87th, Buck of the 95th, Athon of the 57th, Hooks of the 116th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to provide for the Health Care Personnel Policy Advisory Commission; to provide for qualifications, appointment, terms, allowances, expenses, and removal of members.

HB 1426. By Representatives Ricketson of the 82nd, Ware of the 77th, Dunn of the 73rd and Griffin of the 6th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, so as to allow a workers' compensation insurer's agent to confirm in writing that such insurer has refused to cover a risk.

The Senate has agreed to the House amendments to the following Bill and Resolution of the Senate:

SB 72. By Senator Timmons of the 11th:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to change the provisions relating to the definition of "average annual compensation"; to provide that members of the retirement system may retain membership while holding certain other positions or offices; to change the provisions relating to retirement and disability benefits.

SR 23. By Senator Kidd of the 25th:
A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date.

The Senate has adopted the report of the 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 provide an effective date.

The Senate insists on its substitute to the following Bill of the House:

MONDAY, FEBRUARY 19, 1990

1291

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 by the requisite constitutional majority the following Bills of the Senate:

SB 717. By Senators Olmstead of the 26th, Howard of the 42nd, Dean of the 31st and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority; to provide for a short title; to provide for definitions; to provide for the creation, composition, membership confirmation, terms of office, vacancies, officers, and expenses of the authority; to provide for perpetual existence.

SB 718. By Senators Olmstead of the 26th, Howard of the 42nd, Dean of the 31st and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority Overview Committee as a joint committee of the General Assembly; to provide for the membership, terms, officers, vacancies, powers, and duties of the committee; to provide for reviews and reports; to provide that the state auditor, the Attorney General, and all other agencies of state government shall assist the committee.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 495. By Senator Shumake of the 39th:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to authorize each local board of education to allow any teacher to transfer from classroom teaching into a nonteaching position after 25 years of employment in the public school systems of this state; to provide that such position transfer shall be without a reduction in salary.
Referred to the Committee on Education.

SB 521. By Senator Langford of the 35th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to property subject to forfeiture for violations involving controlled substances, so as to provide that any forfeited money or currency which vests in a local political subdivision may be expended by the governing authority of such subdivision to provide financial assistance to any program, club, group, organization, or team operating within a local public housing project.
Referred to the Committee on State Planning & Community Affairs.

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SB 616. By Senator Barnes of the 33rd:
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 the acceptance and making of certain campaign contributions during legislative sessions; to provide for penalties in connection therewith; to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and registration of persons with the Secretary of State, so as to provide for definitions.
Referred to the Committee on Special Judiciary.

SB 623. By Senators Foster of the 50th, Kidd of the 25th, Gillis of the 20th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Board of Trustees of the Georgia Military College; to provide definitions; to provide for composition of such board; to provide for the appointment and terms of members; to provide for a chairman.
Referred to the Committee on Education.

SB 636. By Senators Johnson of the 47th, Peevy of the 48th and Howard of the 42nd:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to evidentiary privileges in general, so as to provide a qualified privilege for persons, companies, or other entities engaged in news gathering and dissemination; to provide an effective date.
Referred to the Committee on Judiciary.

SB 679. By Senator Kidd of the 25th:
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 with respect to children and youth services, so as to change the amount of financial assistance which may be granted with respect to the legal adoption of certain hard-to-place children.
Referred to the Committee on Human Relations & Aging.

SB 680. By Senators Scott of the 2nd and Tysinger of the 41st:
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 and then restate the purpose and certain of the statutory terms and conditions upon which the State Properties Commission is exclusively empowered to grant a revocable license; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SB 705. By Senators Barker of the 18th, Kidd of the 25th, Starr of the 44th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to provide for a consolidation of the delivery of social services to families and children; to provide for legislative findings; to provide for purposes of the article; to provide for definitions.
Referred to the Committee on State Planning & Community Affairs.

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1293

SB 708. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights and funding requirements under the "Quality Basic Education Act," so as to change the provisions relating to the use of funds for staff development purposes and for professional development stipends.
Referred to the Committee on Education.

SB 717. By Senators Olmstead of the 26th, Howard of the 42nd, Dean of the 31st and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority; to provide for a short title; to provide for definitions; to provide for the creation, composition, membership confirmation, terms of office, vacancies, officers, and expenses of the authority; to provide for perpetual existence.
Referred to the Committee on State Planning & Community Affairs.

SB 718. By Senators Olmstead of the 26th, Howard of the 42nd, Dean of the 31st and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority Overview Committee as a joint committee of the General Assembly; to provide for the membership, terms, officers, vacancies, powers, and duties of the committee; to provide for reviews and reports; to provide that the state auditor, the Attorney General, and all other agencies of state government shall assist the committee.
Referred to the Committee on State Planning & Community Affairs.

SB 720. By Senator Peevy of the 48th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, as amended, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 722. By Senators Ragan of the 32nd, Clay of the 37th, Newbill of the 56th and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the provisions relating to the position of chief judge of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 281. By Senators Gillis of the 20th and English of the 21st:
A resolution designating a portion of the growth corridor program as the "Kaolin Parkway".
Referred to the Committee on Transportation.

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SR 410. By Senators Scott of the 2nd, Coleman of the 1st and Kennedy of the 4th:
A resolution authorizing and encouraging negotiations to acquire certain real property located in Chatham County, Georgia.
Referred to the Committee on State Institutions & Property.

SR 413. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a road right-of-way in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 414. By Senator Kennedy of the 4th:
A resolution creating the Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas.
Referred to the Committee on Natural Resources & Environment.

The Speaker announced the House in recess until 1:00 o'clock this afternoon.

MONDAY, FEBRUARY 19, 1990

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AFTERNOON SESSION

The Speaker called the House to order.

Representative McDonilld of the 12th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1314 Do Pass, by Substitute
Respectfully submitted,
Is/ McDonald of the 12th
Chairman

Representative Holmes of the 28th District, Chairman of the Committee on Governmentill Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1513 Do Pass, by Substitute SB 169 Do Pass, by Substitute SB 177 Do Pass

SB 486 Do Pass, by Substitute SR 363 Do Pass

Respectfully submitted, /s/ Holmes of the 28th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1854 Do Pass HB 1906 Do Pass HR 847 Do Pass
Respectfully submitted, /sf Lee of the 72nd
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 19, 1990
Mr. Speaker and Members of the House:

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The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:

HB 109 HB 738 HB 1139 HB 1150 HB 1294 HB 1370 HB 1397 HB 1408 HB 1456 HB 1505 HB 1514 HB 1521 HB 1617 HB 1644 HB 1752 HB 1801 HB 1848

Teacher's Retirement, Creditable Service Visiting Schools Teacher's Retirement System; Postretirement Benefit Adjustment Drugs; Additional Fines for Certain Offenses State Contracts; Illegal Drug Activity Preclude Persons Convicted Municipal Courts; Judges' Training; Cost Emp. Security; Commercial Fishing Vessel; Cert. Wages of Crew Interrogatories; Additional Information Recreation Examiners, State Board of; Termination Date Mental Health; Medical Records of Deceased Patient; Release Crimes; Tattooing Near the Eye; Prohibitions Atlanta Judicial Circuit; Provide Chief Judge Educators; Cert. Designated Crimes; Reporting Req. (Postponed) Juvenile Courts; Supervision Fees; Certain Services Liquified Petroleum Gas; License or Permit; One-Time Fee Uninsured Motorist Coverage; Deductible Amount Public Transit Operators; Drug Testing Programs Attachment; Application For Writ; Requirements

SR 331 Natural Resources Dept.; Minimum Standards and Procedures; Ratify

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted,
Is/ 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 1644.

By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale and storage of liquified petroleum gas, so as to provide for a one-time fee for licenses or permits.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1801.

By Representatives Couch of the 36th, Irwin of the 13th, Thompson of the 20th, Buck of the 95th, Cheeks of the 89th and others:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to require public transit operators to establish drug-testing programs for employees and applicants for positions performing sensitive safety functions.

The following Committee substitute was read and adopted:

A BILL
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to require public transit operators to establish drug-testing programs for employees and applicants for positions performing sensitive safety functions; to

MONDAY, FEBRUARY 19, 1990

1297

provide for legislative findings and intent; to provide for definitions; to require operators of public transit systems to implement policies prohibiting employees from performing sensitive safety functions with prohibited drugs in their systems; to establish procedures and standards for such drug-testing programs; to provide for physician services; to provide for retests; to provide for exceptions; to provide for confidentiality of drug test results; to provide for statutory 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. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding after Chapter 9 thereof a new Chapter 9A to read as follows:
"CHAPTER 9A
32-9A-1. The General Assembly finds that the use of prohibited drugs can powerfully alter the ability of human beings to respond to their environment. Potential effects of these drugs include significant physiological or psychological changes that are often immediate and, in some cases, delayed or prolonged. Extended use can have chronic effects resulting in changes in cognitive functions and biochemistry. There is a broad consensus that the use of prohibited drugs affects a person's capability to perform various physical, cognitive, or judgmental functions. Persons who use these drugs can pose dangers to themselves, their coworkers, and, in public transportation activities, to the general public. It is of paramount importance to the public welfare that public transit systems be operated safely. The use of prohibited drugs by persons who provide public transit services unacceptably increases the risk of personal injury or damage to members of the general public and is inconsistent with the goal and policy of achieving the safest possible public transit operations for the citizens of the State of Georgia. Accordingly, it is the intent and purpose of the General Assembly to enhance the safety of public transit systems by requiring drug-testing programs designed to avoid or minimize the dangers to the general public occasioned by illegal or unsafe drug use by persons performing activities of public transit systems.
32-9A-2. As used in this chapter, the term: (1) 'Employee' means any person who is employed full time or part time by a pub-
lic transit operator or who performs activities of a public transit system for or on behalf of a public transit operator pursuant to a contract or otherwise.
(2) 'Pass a drug test' means that a public transit operator has determined that the results of a drug test administered under this chapter:
(A) Showed no evidence or insufficient evidence of a prohibited drug or drug metabolite;
(B) Showed evidence of a prohibited drug or drug metabolite but there was a legitimate medical explanation for the result;
(C) Were scientifically insufficient to warrant further action; or (D) Were suspect because of irregularities in the administration of the test or observation of chain of custody procedures. (3) 'Prohibited drug' means marijuana, cocaine, opiates, phencyclidine (PCP), amphetamines, and such other substance or substances specified in Schedules I through IV of the Controlled Substances Act, 21 U.S.C. 801 et seq. and 21 C.F.R. Part 1308 as the public transit operator may designate for inclusion in its drug-testing program. (4) 'Public transit operator' means any municipality, county, public authority, or instrumentality created 6r authorized pursuant to state law, state agency, or any other public body that alone or in conjunction with any other entity owns, leases, maintains, or operates a public transit system or provides for the operation of a public transit system whether directly, by contract, or otherwise. The term 'public transit operator' does not include any such entity that provides transportation services solely for one or more special classes of the general public, including, but not limited to, elderly and

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JOURNAL OF THE HOUSE,

handicapped services, emergency medical services, school bus services, prison bus services, or any other such special services nor does the term include any such entity that provides only charter, sight-seeing, or recreational transportation services.
(5) 'Public transit system' means all modes of conveyance, property, and equipment necessary or useful to transport passengers and that provides transportation services by vehicle to the general public.
(6) 'Sensitive safety function' means any duty related to the safe operation of a public transit system by a public transit operator, including:
(A) Operation of any vehicle; (B) Controlling dispatch or movement of any vehicle; (C) Maintaining vehicles or equipment used by a public transit system to transport passengers; (D) Providing police or security services on behalf of a public transit operator; or (E) Supervising an employee who performs a function listed in subparagraphs (A) through (D) of this paragraph. (7) 'Vehicle' means any mode of conveyance utilized by a public transit system to transport passengers, including, but not limited to, buses, vans, cars, rail cars, trolley cars, trolley buses, or any vehicles used on a fixed guideway or incline plane. 32-9A-3. Except as provided in Code Section 32-9A-9, no later than July 1, 1990, every public transit operator shall establish and maintain a drug-testing program to detect the use of prohibited drugs by employees who perform a sensitive safety function or applicants to perform a sensitive safety function and to deter such employees from using prohibited drugs. 32-9A-4. (a) A drug-testing program required by this chapter shall include the following: (1) Each public transit operator shall conduct testing for prohibited drugs on an unannounced and random basis with respect to employees who perform a sensitive safety function. Such random testing shall be on the basis of a scientifically valid random number generation method; (2) Each public transit operator shall conduct testing for prohibited drugs prior to hiring any individual to perform a safety sensitive function and prior to promoting or transferring any employee to perform a sensitive safety function; and
(3) Each public transit operator shall conduct testing for prohibited drugs with respect to any employee who performs a sensitive safety function and who is reasonably suspected of using a prohibited drug. For these purposes an employee is reasonably suspected of using a prohibited drug when the public transit operator can substantiate specific behavioral, performance, or contemporaneous physical indicators of probable drug use or when reliable information reasonably indicates that the individual has used, sold, or distributed a prohibited drug in the recent past. (b) A drug-testing program required by this chapter may include testing of employees performing sensitive safety functions upon such other occasions as the public transportation operator may determine, including, but not limited to, post-accident testing, testing upon creation of unsafe conditions, testing in conjunction with periodic physical examinations, follow-up testing, post-rehabilitation testing, and testing on a periodic basis. Evidence that a post-accident drug test was performed and the results of a test so performed, including other information obtained pursuant to a drug test, shall not be admissible in any legal action or lawsuit against a public transit operator for damages, whether for personal injuries or property damage, arising out of or related to an accident. 32-9A-5. (a) As a part of the drug-testing program required by this chapter, each public transportation operator shall adopt, implement, and enforce a policy that precludes an employee from performing a sensitive safety function with a prohibited drug in that employee's system. Such a policy shall require that:
(1) No individual shall be hired, promoted, or transferred to perform a sensitive safety function unless that individual passes a drug test administered under this chapter;

MONDAY, FEBRUARY 19, 1990

1299

(2) If an employee performing a sensitive safety function refuses to take a drug test authorized or required under this chapter or is tested for drugs under this chapter and does not pass the drug test, that employee shall be relieved of that person's sensitive safety function duties immediately; and
(3) An employee who refuses to take a drug test authorized under this chapter or does not pass a drug test administered under this chapter may not return to a sensitive safety function until that employee has satisfactorily met such return to duty standards as the public transit operator may require, including, without limitation, successfully passing a drug test.
32-9A-6. (a) The drug testing required or authorized by this chapter shall be performed in accordance with standards established by the United States Department of Health and Human Services for Federal Workplace Drug Testing Programs or by the College of American Pathologists.
(b) Testing shall be performed by any drug-testing laboratory certified by the United States Department of Health and Human Services. The threshold levels for a positive test result for each prohibited drug shall be no less than the threshold levels established by the United States Department of Transportation pursuant to 49 C.F.R. Part 40 or, in the case of a prohibited drug for which no threshold level has been established by the United States Department of Transportation pursuant to regulation, the threshold shall be established by the public transit operator after consultation with the licensed physician required to be available under Code Section 32-9A-7.
(c) The laboratory shall report each confirmed positive test and the level found in the sample to the public transit operator.
32-9A-7. (a) As a part of the drug-testing program required by this chapter, each public transit operator shall have available the services of a licensed physician with knowledge of substance abuse disorders and appropriate medical training to assist the public transit operator in interpreting and evaluating an employee's positive test result together with the employee's individual medical history and any other relevant biomedical information.
(b) The physician may, at the request of the public transit operator or employee, review the employee's test results and medical history, including any medical records and biomedical information provided, in determining whether there is a legitimate medical explanation for a positive result, including the use of a legally prescribed medication.
32-9A-8. (a) An employee who does not pass a drug test administered under this chapter may request that the original body fluid or tissue sample be analyzed again.
(b) An employee requesting a retest under this Code section must submit a written request to the public transit operator's designated representative within ten days of notice to the employee of the test result. The employee may specify retesting by the original laboratory site or by a second laboratory site that is certified to perform drug tests by the United States Department of Health and Human Services.
(c) An employee making a request for a retest under this Code section must pay the cost of the additional analysis and all costs associated with the transfer of the sample
to another laboratory, including shipping and handling; provided, however, that the first retest shall be paid by the employer.
32-9A-9. The provisions of this chapter shall not apply to any public transit operator
that is otherwise required by separate federal or state law or regulation, including, without limitation, any rule or regulation promulgated by any agency of the United States Department of Transportation, to establish and maintain an antidrug or drug-testing
program. 32-9A-10. Except as otherwise provided in this chapter and except as may otherwise
be required by law, individual test results and other information obtained pursuant to a drug test administered under this chapter shall be confidential and shall not be released to a third party except upon the consent and authorization of the individual
tested. 32-9A-11. (a) Nothing in this chapter shall be construed to require a public trans-
portation operator:

1300

JOURNAL OF THE HOUSE,

(1) To employ, promote, or transfer any individual to perform a sensitive safety function who does not pass or refuses to take a drug test administered under this chapter; or
(2) To return an employee to a sensitive safety function once that employee has been relieved of sensitive safety function duties for refusal to take a drug test under this chapter or for failure to pass such a drug test. (b) Nothing in this chapter shall be construed as limiting or restricting a public transportation operator from requiring corrective measures or imposing discipline, including termination, on any employee in a sensitive safety function who refuses to take or does not pass a drug test administered under this chapter. (c) Nothing in this chapter shall be construed to limit or restrict a public transportation operator from establishing and maintaining a comprehensive antidrug or drugtesting program that incorporates requirements for testing or other antidrug measures in addition to those specifically required or authorized by 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:

Aaron Abernathy Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H
Clark,L Coleman YColwell Y Connell Y Couch Y Crawford Crosby
Y Cummings,B Cummings,M
Y Davis,C Davis,G
Y Davis,M Y Dixon,H
Y Dixon,S Dohbs
Y Dover YDunn Y Edwards YEhrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Goodwin Y Green Y Greene YGresham Y Griffin
Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Heard
Y Herbert Holcomb
Y Holland Holmes
Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore
Kingston
Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson
Lee Linder Long
Y Lord Y Lucas Y Lupton y Mangum
Martin Y McCoy
McDonald Y McKelvey

McKinney,B
McKinney,C YMeadows
Milam Y Mohley
Y Moody Y Morton
Y Moultrie Y Mueller
Oliver,C Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell
YParham Y Parrish
Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston YPowell
Randall Ransom YRay Y Reaves Redding Y Richardson Y Ricketeon Y Robinson y Royal y Selman
Y Simpson Sinkfield

Y Smith,L Y Smith,P ESmith,T
Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens
Streat Teper
Thomas,C Thomas,M Thompson Thurmond Y Titus Y Tolbert Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L YWall Ware Y Wateon Y Watts White Y Wilder YWilliarns,B Williarns,J Y Yates YYeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1801, by substitute, was ordered immediately transmitted to the Senate.

MONDAY, FEBRUARY 19, 1990

1301

Representative Brooks of the 34th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1408.

By Representative Lane of the 27th:
A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 43-41-20 to read as follows:
"43-41-20. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Recreation Examiners shall be terminated on July I, !900 1992, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Abernathy Adams Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates
Beck Y Benefield

Benn
Y Birdsong Y Bishop
Y Bostick
Y Branch Y Breedlove
Y Brooks Y Brown Y Buck Y Buford y Byrd
Y Campbell Y Carrell Y Carter
Y Chambless YChance Y Cheeks Y Childers
Clark,B

Y Clark,H
Y Clark,L Coleman Colwell
Y Connell Y Couch 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
Dobbs Y Dover YDunn Y Edwards

y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Goodwin Y Green Y Greene
Gresham Y Griffm Y Groover Y Hamilton Y Hanner YHarris y Hasty
YHeard Y Herbert

Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudeon Ylrwin
Isakson Y Jackson,J
Jackson,W
Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston
YLane,D YLane,R Y Langford

1302

JOURNAL OF THE HOUSE,

Y Lawrence
Y Lawson YLee
Linder Long
Y Lord Y Lucas Y Lupton y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows
Milam

Y Mobley
Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
YParbam Y Parrish
Patten Y Pettit
Pinkston YPoag

Y Porter
Y Poston YPowell
Randall Y Ranaom YRay
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson
Royal
Y Selman Y Simpaon Y Sinkfield Y Smitb,L Y Smitb,P

ESmitb,T
YSmitb,W Smyre
YSnow Y Stancii,F Y Stancii,S
Stanley Y Steele Y Stephens Y Streat
Teper YThomas,C
Thomas,M YThompaon
Thurmond Y Titus Y Tolbert

Y Townsend y Twiggs
Y Vanghan
Y Waddle Walker,C Walker,L
YWall
Ware
Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Yatee Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 138, nays L
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Davis of the 45th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1514.

By Representatives Martin of the 26th and Orrock of the 30th:
A bill to repeal an Act approved April 17, 1963, providing for a chief judge of the Superior Court of the Atlanta Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Y Alford Y Allen Y Atbon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates 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 Campbell
Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell
Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M
Y Davis,C Y Davis,G N Davis,M
Y Dixon,H
Y Dixon,S Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner

Y Harris
Y Hasty
Y Heard Herbert
Y Holcomb Holland
Y Holmes YHooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackeon,J
Jackeon,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston YLane,D
Y Lane,R Y Langford Y Lawrence
Y Lawson y Lee
Linder y Long y Lord
Y Lucas Y Lupton y Mangum
Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meedows Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell YParbam Y Parrish
Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell
Randall Ranaom YRay Y Reaves Redding Y Richardson Y Ricketson Y Robinson Royal y Selman Y Simpaon Y Sinkfield

YSmitb,L Y Smith,P E Smitb,T Y Smitb,W Y Smyre YSnow
Y Stancii,F Y Stancii,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C
Thomas,M Thompaon 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 YWilliams,B Williams,J Y Yatee Y Yeargin Murphy,Spkr

MONDAY, FEBRUARY 19, 1990

1303

On the passage of the Bill, the ayes were 145, nays 1. The Bill, having received the requisite constitution,11l majority, was passed.

Representative Davis .of the 45th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1505. By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams
Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Bamett,M Y Bates
Beck Y Benefield
Benn Y Birdsong Y Bishop y Bostick Y Branch Y Breedlove Y Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell Y Couch 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
Dunn Y Edwards NEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudson Ylrwin Y laskson 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 Y Lord Y Lucas Y Lupton y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie N Mueller
Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Royal y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P E Smith,T YSmith,W Y Smyre Y Snow Y Stancii,F
Y Stancii.S Y Stanley Y Steele
Y Stephens Y Streat Y Teper
Y Thomas,C Y Thomas,M
YThompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

1304

JOURNAL OF THE HOUSE,

HB 1617.

By Representatives Richardson of the 52nd and Lawson of the 9th:
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 allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees.

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 Annotated, relating to juvenile proceedings, so as to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees; 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 Annotated, relating to juvenile proceedings, is amended by adding following Code Section 15-11-56, a new Code Section 15-11-56.1 to read as follows:
"15-11-56.1. (a) The purpose of this Code section is to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services:
(1) Housing in nonsecure facilities that meet the requirements of Code Section 15-11-20;
(2) Educational services, tutorial services, or both; (3) Counseling and diagnostic testing; (4) Transportation to and from court ordered services; (5) Restitution programs; and (6) Job development or work experience programs. (b) The juvenile court may order each delinquent or unruly child who receives supervision under Code Section 15-11-14, paragraph (2) or (5) of subsection (a) of Code Section 15-11-35, or Code Section 15-11-36 to pay: (1) An initial court supervision user's fee of not less than $5.00 nor more than $100.00; and (2) A court supervision user's fee of not less than $1.00 nor more than $15.00 for each month that the child receives supervision to the clerk of the court. The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of the fee and shall be subject to the enforcement procedure stated in subsection (b) of Code Section 15-11-56. The judge shall attempt to provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by the juvenile. All money collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by said treasurer, who shall deposit the money into a county supplemental juvenile services fund. The governing authority of the county shall appropriate money from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing supplemental community based services described in subsection (b) of this Code section to juvenile offenders. These funds shall be administered by the county, and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any money remaining in the fund at the end of the county fiscal year

MONDAY, FEBRUARY 19, 1990

1305

shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services."
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 Aiken
Y Alford Y Allen
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
YBates YBeck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell Y Couch Y Crawford
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 YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Goodwin Y Green Y Greene Y Gresham YGriffin 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 Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
YOrr Orrock
Y Padgett Y Pannell YParham Y Parrish
Patten Pettit Pinkston YPoag Y Porter Y Poston
YPowell y Randall Y Ransom YRsy Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P ESmith,T YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware Y Watson
Watts White Y Wilder Y Williams,B Williams,J Y Yates YYeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1848.

By Representative Chambless of the 133rd:
A bill to amend Article 1 of Chapter 3 of Title 18 of the Official Code of Georgia Annotated, relating to attachment proceedings generally, so as to allow the oath of an affiant relating to an application for a writ of attachment to be taken before either a judge or a clerk or deputy clerk of the court or before a.)lotary public.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

1306

JOURNAL OF THE HOUSE,

Y Aaron Abernathy
Y Adams Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover
YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
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 Langford
Y Lawrence Y Lawson YLee Y Linder
Long Y Lord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey

McKinney,B McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinaon
Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P ESmitb,T YSmitb,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YTbomas,C YTbomas,M
Thompson Thurmond Y Titus Y Tolbert Y Townaend y Twiggs Y Vaughan Y Waddle Walker,C Y Walker,L YWall Ware Y Watson Y Watts White Y Wilder YWilliams,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.

HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd, Sinkfield of the 37th, Aaron of the 56th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment.

The following Committee substitute was read and adopted:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to authorize boards of trustees of certain retirement or pension systems to increase benefits of persons receiving benefits on a certain date to offset or partially offset the taxation of such benefits under Georgia income tax laws; to provide for definitions; to provide that such authority is in addition to any other powers possessed by boards of trustees pursuant to the provisions of any other laws; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by adding at the end of Chapter 1, relating to general provisions applicable to retirement, a new Article 3 to read as follows:

MONDAY, FEBRUARY 19, 1990

1307

"ARTICLE 3
47-1-30. (a) As used in this Code section, the term: (1) 'Board of trustees' means the board of trustees or other fiscal authority or gov-
erning body, by whatever name designated, of a retirement system. (2) 'Retirement system' means a retirement or pension system or fund created by
or pursuant to the authority of Georgia law which was listed in paragraph (4) of subsection (a) of Code Section 48-7-27 on January 1, 1989. (b) The board of trustees of a retirement system is authorized to increase benefits being paid to persons receiving benefits under the retirement system on July 1, 1990, to offset, wholly or partially, the taxation of retirement benefits pursuant to the provisions of Chapter 7 of Title 48, relating to Georgia income taxes, provided that any increase in benefits granted pursuant to the authority of this subsection:
(1) Shall not apply to any portion of a benefit which exceeds $35,000.00 on the date the benefit increase is granted; and
(2) Shall be consistent with maintaining the actuarial soundness of the retirement system in conformity with minimum funding requirements of Code Section 47-20-10. (c) The provisions of this Code section are in addition to any powers possessed by a board of trustees pursuant to the provisions of any other law."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
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 Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown
Y Buck Y Buford YByrd
Y Campbell Y Carrell Y Carter

Y Chambless
Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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
YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green

Y Greene
Y Gresham
YGriffm Y Groover Y Hamilton Y Hanner
YHarris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudson Y Irwin Y Iaakson 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 Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B McKinney,C Y Meadows Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C NOiiver,M Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Patten Y Pettit Pinkston Poag Porter Y Poston Y Powell

y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson Y Sinkfield
Y Smith,L Y Smith,P E Smith,T Y Smith,W Y Smyre
Y Snow Y Stancii,F Y Stancii,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C Y Thomas,M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend y Twiggs

1308

JOURNAL OF THE HOUSE,

Y Vaughan Y Waddle
Walker,C

Y Walker,L YWall
Ware

Y Watson Y Watts
White

Y Wilder Y Williams,B
Williams,J

Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Oliver of the 53rd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1397. By Representatives Baker of the 51st, Oliver of the 53rd, Robinson of the 96th, Simpson of the 70th and Pettit of the 19th:
A bill to amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in proceedings in magistrate court, so as to provide for an additional interrogatory; to provide for an increase in the threshold value of items that must be identified and located; to provide that an evasive or incomplete answer shall be treated as a failure to answer.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M y Bates 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 Campbell Y Carrell Y Carter Y Chambless
YChance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman YColwell Y Connell Y Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Y Dixon,H Y Dixon,S
Dobbs Y Dover YDunn
Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
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 YHooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackaon,J Y Jackaon,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 Loug
Y Lord Y Lucas Y Lupton y Mangum
Y Martin McCoy
Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Y Oliver,M Y Orr
Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston Poag Y Porter
Y Poston Y Powell
Randall YRanaom YRay Y Reaves
Reddiug Y Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpaon Y Sinkfield

Y Smith,L YSmith,P E Smith,T
YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Y Streat Teper
Y Thomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 19, 1990

1309

By unanimous consent, the following Bills of the House were withdrawn from the Committee on Motor Vehicles and referred to the Committee on Transportation:

HB 1893.

By Representatives Steele of the 97th, Dobbs of the 74th, Heard of the 43rd, Foster of the 6th and Kilgore of the 42nd:
A bill to amend Code Section 40-6-203 of the Official Code of Georgia Annotated, relating to stopping, standing, or parking motor vehicles in certain places, so as to provide that no persons shall stop, stand, or park a truck tractor towing a two-axle trailer of four or more wheels, or any such trailer alone, on the right of way of certain highways.

HB 1894. By Representatives Steele of the 97th, Dobbs of the 74th, Foster of the 6th, Meadows of the 91st, Heard of the 43rd and others:
A bill to amend Code Section 40-8-24 of the Official Code of Georgia Annotated, relating to reflectors on motor vehicles, so as to provide that reflective material of a certain size be placed on certain trailers.

HB 1895. By Representatives Steele of the 97th, Dobbs of the 74th, Heard of the 43rd, Kilgore of the 42nd and Meadows of the 91st:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits, so as to provide that the maximum speed limit for a truck tractor towing a two-axle trailer of four wheels or more shall be 55 miles per hour on a highway on the federal interstate system in all circumstances.

HB 1896. By Representatives Steele of the 97th, Dobbs of the 74th, Foster of the 6th and Kilgore of the 42nd:
A bill to amend Code Section 40-6-49 of the Official Code of Georgia Annotated, relating to motor vehicles following too closely, so as to provide minimum intervals between a truck tractor towing a two-axle trailer of four or more wheels and other vehicles under certain circumstances.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industry and referred to the Committee on Transportation:

HB 1913.

By Representatives Steele of the 97th, Dobbs of the 74th and Meadows of the 91st:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to amend Chapter 2 of said title, relating to organization of the Public Service Commission; to provide for transportation law enforcement officers.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1226. By Representatives Richardson of the 52nd, Connell of the 87th, Buck of the 95th, Athon of the 57th, Hooks of the 116th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to provide for the Health Care Personnel Policy Advisory Commission; to provide for qualifications, appointment, terms, allowances, expenses, and removal of members.

1310

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Amend HB 1226 by striking "commission" from line 18 of page 4 and inserting in its place the following:
"the State Health Planning Agency for such commission purposes".
By striking lines 9 through 22 of page 5 and inserting in their place the following:
"(g) The commission shall be provided with staff members, office facilities, supplies, and other necessary items by the State Health Planning Agency to the extent there are sufficient appropriations to the agency to fund such items for the commission. The State Health Planning Agency is authorized to carry out data gathering and processing functions required by the commission and, on behalf of the commission, is authorized to contract with any department or agency of the state to carry out data gathering and processing functions required by the commission, but only to the extent there are sufficient appropriations to the State Health Planning Agency for such purposes.".

Representative Richardson of the 52nd moved that the House agree to the Senate amendment to HB 1226.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield Y Bonn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance
Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
DaviB,C Y DaviB,G Y DaviB,M Y Dixon,H
Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 Lswson Y Lee Y Linder
Long Y Lord Y Lucas Y Lupton y Mangum
Martin Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 162, nays 0. The motion prevailed.

McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
YOrr Y Orrock Y Padgett Y Pannell YParharn Y Parrish
Patten Y Pettit
Pinkston y Poag
Porter Y Poston
Y Powell y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson
Y Sinkfield

Y Smith,L Y Smith,P E Smith,T Y Smith,W Y Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stauley Y Steele Y Stephens
Streat Y Teper Y Thomas,C Y Thomas,M Y Thompeon
Thurmond
Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

MONDAY, FEBRUARY 19, 1990

1311

HB 1150. By Representative Watson of the 114th:
A bill to amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, so as to preclude persons convicted of certain illegal drug activity from contracting with .the state, state agencies, or authorities; to preclude grants to persons convicted of certain illegal drug activity; to provide definitions; to designate certain Code sections as Article 1 of said chapter; to provide for an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, so as to prohibit a state agency from contracting with or making any grant to an individual unless such individual certifies that he has not been convicted of certain drug crimes; to prohibit a state agency from contracting with or making grants to a legal entity unless an executive officer of such legal entity certifies that the officers and members of the board of directors of such entity have not been convicted of certain drug crimes; to define certain terms; to provide exceptions; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, is amended by designating Code Sections 50-22-1 through 50-22-9 as Article 1 of said chapter.
Section 2. Said chapter is further amended by adding at the end thereof a new Article 2 to read as follows:
"ARTICLE 2
50-22-20. As used in this article, the term: (1) 'Controlled substance' means any drug, substance, or immediate precursor
included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. Such term shall also include marijuana as it is defined in paragraph (16) of Code Section 16-13-21.
(2) 'Convicted' means a plea of guilty, a finding of guilty by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief.
(3) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (4) 'Legal entity' means a corporation, a partnership, a business trust, an association, a firm, or any other legal entity. (5) 'Principal representative' means the governing board or the executive head of a state agency who is authorized to enter into a contract with a contractor on behalf of the state agency. (6) 'State agency' means any department, division, board, bureau, commission, or other agency of the state government or any state authority. 50-22-21. (a) The principal representative of a state agency shall not award a contract or grant for any purpose other than providing services in a drug education or drug rehabilitation program to any individual unless the individual certifies to the principal representative that he has not been convicted after July 1, 1990, under the laws of this state, under the laws of the United States, or under the laws of any of the other states or jurisdictions of the United States, of a felony offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or dangerous drug or that he has been so convicted but has had his civil rights restored pursuant to law.

1312

JOURNAL OF THE HOUSE,

(b) The principal representative of a state agency shall not award a contract or grant for any purpose other than providing services in a drug education or drug rehabilitation program to any legal entity unless the executive officer contracting for such legal entity certifies to the principal representative that no officer of such legal entity or, where applicable, member of the board of directors of such legal entity has been convicted after July 1, 1990, under the laws of this state, under the laws of the United States, or under the laws of any of the other states or jurisdictions of the United States, of a felony offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or dangerous drug or that, if such an officer or member of the board of directors has been so convicted, such individual has had his civil rights restored pursuant to law.
(c) Each department, agency, or authority of the state shall be authorized to promulgate rules and regulations to provide procedures for certification and to carry out and enforce the provisions of this article."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove N Brooks Y Brown YBuck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Y Couch 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,J.M Y Floyd,J.W Y Foster y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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
Y Lord Y Lucas
Y Lupton Mangum Martin
Y McCoy Y McDonald Y McKelvey

McKinney,B
McKinney,C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
YOrr Y Orrock Y Padgett Y Pannell
YParham Y Parrish
Patten
Y Pettit Pinkston
y Poag
Porter Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves Redding
Y Richardson Y Ricketeon Y Robinson y Royal
Selman Y Simpson
Sinkfield

Y Smith,L Y Smith,P E Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Streat Y Teper Y Thomaa,C Y Thomas,M YThompson
Thurmond Y Titus
Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C
Y Walker,L Y Wall
Ware Y Wateon Y Watte
White YWilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

MONDAY, FEBRUARY 19,1990

1313

HB 1149.

By Representative Allen of the 127th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty".

The following Senate substitute was read:

A BILL
To amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term "in the line of duty"; to provide that certain determinations shall not be considered in the determination of whether a law enforcement officer is entitled to certain other benefits; 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 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking subparagraph (C) of paragraph (4) of said Code section in its entirety and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such officer. A law enforcement officer who is performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing permanent disability shall not be considered in the line of duty unless he has left the scope
Qf his employment for the private employer for the direct purpose Qf enforcing .Q! attempting .!Q enforce the criminal Q! traffic laws, preserving .Q! attempting .!Q preserve public order, protecting Q! attempting .!Q protect life Q! property, preventing Q! attempti!!g .!Q prevent ~ crime, detecting Q! attempting .!Q detect crime, Q! investigating .Q! attempting .!Q investigate crime. The determination that ~ law enforcement officer was killed Q! permanently disabled !!!_ the line Qf duty and ~ entitled .!Q indemnification pur-
suant to this article shall not be considered in the determination of the entitlement of such officer .!Q workers' compensation, disability, health, Q! other benefits from his public Q! private employer; or".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Allen of the 127th moved that the House agree to the Senate substitute to HB 1149.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken Y Alford Y Allen Y Athon Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron

Y Barnett,B Y Barnett,M
Y Bates 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 Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell

Y Connell Y Couch 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 Dunn

Y Edwards y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee y Goodwin
Y Green Y Greene Y Gresham Y Griffm Y Groover

1314

JOURNAL OF THE HOUSE,

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
Long Y Lord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney,B McKinney,C Y Meadows Y Milam Y Mobley Y Moody

Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParham
Y Parrish Patten
Y Pettit Pinkston Poag
Porter Y Poston Y Powell y Randall Y Ransom
Ray
Y Reaves

On the motion, the ayes were 154, nays 0. The motion prevailed.

Redding Y Richardson Y Ricketson Y Robinson y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L
Y Smith,P E Smith,T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C

YThomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker,C Y Walker,L YWall
YWare Y Watson Y Watts
White Wilder YWilliams,B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

HB 1250. By Representatives Childers of the 15th, Pannell of the 122nd, Richardson of the 52nd and McDonald of the 12th:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to strike and reenact Article 1 thereof, relating to registered nurses, so as to provide for a short title; to provide for legislative purpose; to provide for definitions; to continue the Georgia Board of Nursing and provide for terms, appointments, confirmations, qualifications, and vacancies of members.

The following Senate amendment was read:

Amend HB 1250 by adding on page 9, line 11 after the word "Georgia." "Nothing in this subsection shall be construed to repeal the right of any person who is licensed as a registered professional nurse on the effective date of this Act to be licensed and to use the title 'registered professional nurse."'

Representative Childers of the 15th moved that the House agree to the Senate amendment to HB 1250.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon
Atkins Y Bsiley
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates Y Beck

Y Benefield
Y Bonn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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
Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland
Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Johnson
Y Jones

MONDAY, FEBRUARY 19, 1990

1315

Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell
Parham Parrish Patten

Pettit Pinkston YPoag
Y Porter Y Poston Y Powell y Randall Y Ranaom YRay
Y Reaves Redding
Y Richardaon
Ricketson Y Robinson 'y Royal
YSelman Y Simpson Y Sinkfield

On the motion, the ayes were 155, nays 0. The motion prevailed.

YSmith,L
Y Smith,P E Smith,T YSmith,W Y Smyre
Snow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompoon YThurmond Y Titus

Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder YWilliams,B Williams,J Y Yates y Yeargin
Murphy,Spkr

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

Representative Green of the 106th moved that the House insist on its position in disagreeing to the Senate substitute to HB 702 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 Green of the 106th, Childers of the 15th and Parham of the 105th.

The following Bill and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HR 89. By Representative Parham of the 105th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia.

The following Senate substitute was read:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

1316

JOURNAL OF THE HOUSE,

WHEREAS, the State of Georgia is the owner of a certain parcel of real property containing 6.24 acres located in Baldwin County, Georgia; and
WHEREAS, said property is under the custody and management of the State Properties Commission; and
WHEREAS, the said real property is described as follows: "That certain now vacant and unimproved triangular-shaped lot, piece or parcel of land situate, lying and being along and immediately adjoining the original northwesterly limit line of the City of Milledgeville-Gray State Highway, which is now identified as State Highway Route #22, and on and along the southerly side of the curvature of the right-of-way of the paved northerly projection of North Cobb Street, in the original first land and present 308th militia district, in Baldwin County, Georgia, it lying in and being a part of land lot number 282, containing an area of six and twenty-four one hundredths (6.24) acres, and is more particularly described by a plat of survey dated January 22, 1966, prepared by Calvin W. Rice, Georgia Registered Land Surveyor No. 58, which plat is 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 future purchaser"; 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 State Route 22 or North Cobb Street.
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 State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the above-described property to the highest bidder for a consideration of not less than the fair market value of the property and upon such other 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 the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 4. That, for 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 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 of this resolution.
Section 6. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Lawson of the 9th moved that the House disagree to the Senate substitute to HR 89.

MONDAY, FEBRUARY 19, 1990

1317

The motion prevailed.

HB 1426. By Representatives Ricketson of the 82nd, Ware of the 77th, Dunn of the 73rd and Griffin of the 6th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, so as to allow a workers' compensation insurer's agent to confirm in writing that such insurer has refused to cover a risk.

The following Senate amendment was read:

Amend HB 1426 by striking lines 4 and 5 of page m their entirety and inserting in lieu thereof the following:
"as to allow the agent of an applicant for workers' compensation insurance to confirm in writing an insurer's refusal to cover the".
By striking on lines 25 through 27 of page 1 the following:
"Q! where the agent Q! agents Qf such insurers confirmed !!! writing the insurers'
refusal _!;Q cover said risk",
and inserting in lieu thereof the following:
"Q! where the agent for the applicant for such insurance confirms !!! writing _!;Q the
four insurers their refusal _!;Q cover said risk".

Representative Ricketson of the 82nd moved that the House agree to the Senate amendment to HB 1426.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams
Y Aiken Y Alford Y Allen Y Atbon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown
Y Buck Y Buford Y Byrd YCampbell
Y Carrell Y Carter

Y Chambless
Y Chance Y Cheeks
Y Childers Clark,B
Y Clark,H Y Clark,L
Y Coleman YColwell
Y Connell Y Couch Y Crawford
Crosby Y Curnmings,B
Cummings,M Y Davis,C YDavis,G Y Davis,M YDixon,H Y Dixon,S Y Dobbs Y Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green

Y Greene Y Gresham
YGriffin Y Groover Y Hamilton Y Hanner YHarris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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 Langiord 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
McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock
Padgett Y Pannell YParham Y Parrish
Patten Pettit Pinkston y Poag
Y Porter Y Poston Y Powell

Randall Y Ransom YRay
Reaves Redding Richardson Y Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield Y Smitb,L Y Smitb.P E Smitb,T Y Smitb,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson YThurmond Y Titus Y Tolbert YTownsend y Twiggs

1318

JOURNAL OF THE HOUSE,

Y Vaughan YWaddle Y Walker,C

Y Walker,L YWall YWare

Y Watson Y Watts
White

On the motion, the ayes were 155, nays 0. The motion prevailed.

Wilder YWilliams,B
Williams,J

Y Yatee 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 331. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying certain mm1mum standards and procedures of the Department of Natural Resources; to provide for 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 Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister
Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates y Beck
Y Benefield Y Benn
Birdsong Y Bishop
Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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 YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham YGriffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland
Y Holmes YHooks Y Howren Y Hudson
Y Irwin 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
Long
Y Lord Lucas
Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C YOiiver,M Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Pinkston
y Poag
Y Porter Y Poston YPowell
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 ESmith,T Y Smith,W
Y Smyre Y Snow Y Stancil,F Y Stancii,S
Stanley
Y Steele Y Stephens
Y Streat Teper
YThomas,C YThomas,M YThompson YThurmond Y Titus
Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson
Y Watts White Wilder
YWilliams,B Williams,J
Y Yatee Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, the ayes were 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

MONDAY, FEBRUARY 19, 1990

1319

HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th, Benn of the 38th and Yeargin of the 14th:
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 designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system educator has committed certain designated crimes under Georgia law.

By unanimous consent, the Committee substitute was read and withdrawn:

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 designated local school system administrators to give written report to the commission upon receiving information that any school system educator has committed certain designated crimes under. Georgia law; to provide that the commission shall investigate on the basis of such written report and make recommendations to the applicable local board of education and the State Board of Education in conformity with the commission's authority; to provide for expunging such reports from the record of an exonerated educator; to provide that willful failure of such designated administrators to make written reports shall constitute grounds for commission investigation and recommendations as to the administrator; 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) Superintendents, associate and assistant superintendents, and directors of personnel shall make written report to the Professional Practices Commission within 30 days of receiving an oral or written report from any identified school system personnel, child enrolled in the school system, or parent or custodian of a child enrolled in the school system of any specifically identified incident that any school system educator employed by the local unit of administration has committed any of the following crimes:
(1) Murder, voluntary manslaughter, aggravated assault, aggravated battery, or kidnapping, as defined in Chapter 5 of Title 16;
(2) Any sexual offense, as provided for in Chapter 6 of Title 16, or any sexual exploitation of a minor as provided for in Code Section 16-12-100;
(3) Any offense involving marijuana or a controlled substance, as provided for in Chapter 13 of Title 16;
(4) Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; or
(5) Unlawfully operating a motor vehicle after being declared a habitual violator, as provided for in Code Section 40-5-58. The commission shall investigate and make recommendations on such reported matters in accordance with Code Sections 20-2-796 and 20-2-797. If the Professional Practices Commission finds that no probable cause exists to recommend disciplinary action or the educator investigated is exonerated after a hearing before the Department of Education or the State Board of Education, then all records of the Professional Practices Commission investigation and of any hearing by the Department of Education or the State Board of Education, including all reports received pursuant to subsection (a) of this Code section, made pursuant to this Code section and pertaining to the educator investigated shall be completely expunged.

1320

JOURNAL OF THE HOUSE,

(b) The reporting administrator shall have a good faith, reasonable basis to believe that the incident occurred or evidence exists; shall, in the written report, set forth such basis and detail the nature of the incident, evidence, and name of any and all known witnesses; and, in so reporting, the administrator shall be immune from any civil or criminal liability that might otherwise be incurred or imposed. However, the willful failure of any of such local school system administrators to comply with subsection (a) of this Code section shall be grounds for the commission's recommending to the local board of education or the State Board of Education, or both, imposition on the administrator of any of the disciplinary actions set forth in Code Section 20-2-797. The reporting requirements set forth in 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.

The following substitute, offered by Representative Aiken of the 21st, was read:

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 designated local school system administrators to give written report to the local board of education upon receiving information that any school system educator has committed certain designated crimes under Georgia law; to require the local board of education to transmit such report to the commission if such local board determines that an investigation is warranted; to provide that the commission shall investigate on the basis of such written report and make recommendations to the applicable local board of education and the State Board of Education in conformity with the commission's authority; to provide for expunging such reports from the record of an exonerated educator; to provide that willful failure of such designated administrators or local boards to make written reports or investigation requests shall constitute grounds for commission investigation and recommendations as to the administrator or local board; 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) Superintendents, associate and assistant superintendents, and directors of personnel shall make an immediate written report to the local board of education upon receiving an oral or written report from any identified school system personnel, child enrolled in the school system, or parent or custodian of a child enrolled in the school system of any specifically identified incident that any school system educator employed by the local unit of administration has committed any of the following crimes:
(1) Murder, voluntary manslaughter, aggravated assault, aggravated battery, or kidnapping, as defined in Chapter 5 of Title 16;
(2) Any sexual offense, as provided for in Chapter 6 of Title 16, or any sexual exploitation of a minor as provided for in Code Section 16-12-100;
(3) Any offense involving marijuana or a controlled substance, as provided for in Chapter 13 of Title 16;
(4) Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; or
(5) Unlawfully operating a motor vehicle after being declared a habitual violator, as provided for in Code Section 40-5-58. If the local board of education determines that the reported matters warrant investigation, then the local board of education shall, within a reasonable period of time but not later than 30 days from receipt of the report, transmit such report to the Professional

MONDAY, FEBRUARY 19, 1990

1321

Practices Commission with a request for investigation. The commission shall investigate and make recommendations on such reported matters in accordance with Code Sections 20-2-796 and 20-2-797. If the Professional Practices Commission finds that no probable cause exists to recommend disciplinary action or the educator investigated is exonerated after a hearing before the Department of Education or the State Board of Education, then all records of the Professional Practices Commission investigation and of any hearing by the Department of Education or the State Board of Education, including all reports received pursuant to subsection (a) of this Code section, made pursuant to this Code section and pertaining to the educator investigated shall be completely expunged.
(b) The reporting administrator and the local board of education shall have a good faith, reasonable basis to believe that the incident occurred or evidence exists and shall, in the written report, set forth such basis and detail the nature of the incident, evidence, and name of any and all known witnesses; and, in so reporting, the administrator and the local board shall be immune from any civil or criminal liability that might otherwise be incurred or imposed. However, the willful failure of any of such local school system administrators or local board to comply with subsection (a) of this Code section shall be grounds for the commission's recommending to the local board of education or the State Board of Education, or both, imposition on the administrator or the local board of any of the disciplinary actions set forth in Code Section 20-2-797. The reporting requirements set forth in 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.

The following amendment was read and lost:

Representative Davis of the 72nd moves to amend the Floor substitute to HB 1521 as follows:
Add new Subsection (c) to read as follows:
"(c) An educator who has been charged with violating Code Section 20-2-795.1 shall upon penalty at disciplinary actions set forth in Code Section 20-2-797 serve written notification of such charge to the educator's local board of education within 15 days of such accusation."

The following amendments were read and adopted:
Representative Connell of the 87th moves to amend the Floor substitute to HB 1521 as follows:
On Page "2" Line "4" delete the words "an oral or" and insert the word "a".
Representative Aiken of the 21st moves to amend the Floor substitute to HB 1521 as follows:
Page 2 line 6 delete the words "child enrolled in the school system, or".
The following amendment was read and ruled out or order:
Representative Irwin crf the 13th moves to amend the Floor substitute to HB 1521 as follows:
Amend the Committee substitute on page 2 lines five and six, following the word personnel, by deleting the following:
", child enrolled in the school system,".

1322

JOURNAL OF THE HOUSE,

The following amendments were read and adopted:
Representative Athon of the 57th moves to amend the Floor substitute to HB 1521 as follows:
On line 1 and line 2, page 2 strike the words "and", and insert in lieu thereof the word "or". On line 7 after the word system strike the word "of', on line 8 strike the words "any specifically identified incident". On line 11 before the word "crimes", insert the words "specifically identified".
Representative Jackson of the 9th moves to amend the Floor substitute to HB 1521 as follows:
By deleting on page 2 line 25-27 and inserting: (5) Unlawfully operating a motor vehicle after being declared a habitual violator, for violating Code Section 40-5-54, Code Section 40-6-391, Code Section 40-6-392, or Code Section 40-6-394 or any combination.
The Floor substitute, as amended, was adopted:
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy N Adams Y Aiken Y Alford Y Allen
Athon Y Atkins Y Bailey Y Baker N Balkcom Y Bannister N Barfoot Y Bargeron N Barnett,B Y Barnett,M N Bates
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 Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Y Connell Y Couch 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 YDunn Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green N Greene Y Gresham N Griffin Y Groover N Hamilton N Hanner

Y Harris Y Hasty
Y Heard N Herbert Y Holcomb N Holland Y Holmes
Hooks Y Howren Y Hudson N Irwin Y Isakaon Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D N Lane,R Y Langford
Y Lawrence N Lawson YLee Y Linder NLong Y Lord Y Lucas Y Lupton N Mangum Y Martin Y McCoy N McDonald
Y McKelvey

N McKinney,B
Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
YOrr Orrock
Y Padgett Pannell
Y Parham Y Parrish N Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston
Y Powell y Randall Y Ransom NRay Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson y Royal
Selman Y Simpson
Y Sinkfield

Y Smith,L Y Smith,P E Smith,T Y Smith,W Y Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat N Teper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Y Wilder Y Williarns,B
Williarns,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

MONDAY, FEBRUARY 19, 1990

1323

Representative Carrell of the 65th stated that he had been called from the floor of
the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1207.

By Representatives Lawson of the 9th, Walker of the 115th, Jackson of the 9th, Lee of the 72nd and Teper of the 46th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipalities may enter into multi-year installment purchase contracts.

The following Senate amendment was read:

Amend HB 1207 by adding the following language to page 1 line 19 following "consummated." as follows:
"Provided however that each county or municipality shall still be subject to obtaining approval of such transaction by the voters of such county or municipality if such approval is required under this title."

Representative Lawson of the 9th moved that the House disagree to the Senate amendment to HB 1207.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that certain medical expenses payable under motor vehicle insurance policies may be subject to benefit levels representing usual, customary, and reasonable charges; to increase the amount of certain benefits payable for funeral and burial expenses; to provide that certain coverages shall be made available on a deductible basis; to provide for various deductible amounts; to increase the amount of optional benefits payable without regard to fault which shall be offered by an

1324

JOURNAL OF THE HOUSE,

insurer; to provide that an insurer shall not be liable for punitive damages as the result of the failure or refusal to pay benefits under said chapter; to provide that an insurer shall be subject to sanctions imposed by the Commissioner of Insurance as the result of such insurer's failure or refusal to pay benefits under said chapter; to authorize the coordination of benefits when payable under more than one policy of insurance; to require insurers to maintain as a part of a rating plan a separate tier of such plan for coverages provided to persons who are good drivers; to provide for reductions in premiums under certain conditions; to require the Commissioner to provide by rule for the efficient settlement of property damage claims under motor vehicle insurance policies; to provide an effective date; to provide for the examination of rating plans by insurers and for the reduction of rates on and after a certain date; to provide a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Consumer Auto Insurance Affordability Act of 1990."
Section 2. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, is amended by striking paragraph (2) of subsection (a) in its entirety and inserting in its place a new paragraph (2) of subsection (a) to read as follows:
"(2) The coverage for injury to or destruction of property of the insured, as provided in paragraph (1) of this subsection, mey shall provide an exclusion of ft6t fft6i'e thftft the first $250.00 of such loss or damage to any insured in any one accident and _!!!!!Y be sub-
~ j;Q differing levels Qf deductibles !:!_! the request Qf the policyholder. Each insurer shall offer, !:!_! ~ minimum, such deductibles !!! amounts Qf zero, $100.00, $250.00,
$500.00, and $1,000.00."
Section 3. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking Code Section 33-34-4, relating to minimum required motor vehicle insurance coverages, and inserting in its place a new Code Section 33-34-4 to read as follows:
"33-34-4. (a) No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has insurance on the vehicle providing the following minimum coverage:
(1) Motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this state;
(2) Compensation to insured injured persons without regard to fault up to an aggregate minimum limit of $5,000.00 per insured injured person for:
(A) All necessary medical expenses, not to exceed $2,500.00, arising from a motor vehicle accident, including necessary medicine, drugs, and surgical, dental, X-ray, and rehabilitative services, including prosthetic devices, and necessary ambulance, hospital, and nursing services as prescribed, authorized, approved, or rendered by an attending physician, including any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recognized religious healing method~ ~ nonemergency expenses _!!!!!Y be subject j;Q benefit levels which
represent usual, customary, and reasonable charges j;Q be determined !!! substan-
tially the same manner ~ determined Q.y insurers for accident and sickness cover-
~;
(B) Eighty-five percent of the loss of income or earnings of the insured during disability with a maximum benefit of $200.00 per week or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corporation during the period of the insured's disability with a maximum benefit of $200.00 per week;

MONDAY, FEBRUARY 19, 1990

1325

(C) Expenses, not to exceed $20.00 per day, reasonably incurred during a period of disability in obtaining ordinary and necessary services from others, excluding members of the injured person's household, in lieu of services that, had he or she not been injured, the injured person would have performed not for income but for the benefit of his or her household; and
(D) Funeral services and burial expenses not to exceed $1,600.00 $3,000.00 per person. (b) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of this Code section shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or children, or both. Survivor's benefits shall be payable at least monthly until exhausted. (c) The total benefits required to be paid under this Code section without regard to fault as the result of any one accident shall not exceed the sum of $5,000.00 per each individual covered as an insured person or such greater amount of coverage as has been purchased on an optional basis as provided in Code Section 33-34-5, regardless of the number of insurers providing such benefits or of the number of policies providing such coverage. (d) An insurer mey shall make the coverages described under subparagraphs (a)(2)(A) and (a)(2)(B) of this Code section and (a)(1)(A) and (a)(1)(B) of Code Section 33-34-5 available on a deductible basis, at the option of the named insured and at a
reduced price. An insurer shall offer, !!! !! minimum, deductibles !!! amounts Qf $100.00,
$250.00, $500.00, and $1,000.00. Deductibles above $1,000.00 shall be conditioned upon the named insured's written statement that the insured has additional accident and sick-
nesscoverage for thej)rirlcipal driver Qf each automObile !Q be insured. An insurer shall require such statement !Q be submitted !!! the time Qf ~ renewal ~ !! condition Qf
retaining the deductible amount. Such a deductible shall not, however, apply to compensation to a pedestrian or to compensation to any insured whose injury results in death, dismemberment, permanent blindness in one or both eyes, total and permanent paralysis, or a compound fracture of an arm or leg. Subject to the foregoing limitation, such a deductible shall apply to reduce the total benefits limits specified by subsection (c) of this Code section, except that if there exist two or more policies providing coverage under this Code section, then with respect to each such policy the benefits limits specified by subsection (c) of this Code section shall be reduced only by the amount of the deductible specified in that policy."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 33-34-5, relating to optional motor vehicle insurance coverages, and inserting in its place a new subsection (a) to read as follows:
"(a) Each insurer shall also make available on an optional basis the following coverage:
(1) An aggregate limit of benefits payable without regard to fault up to $60,000.00 $100,000.00 per person. Benefits purchased in excess of $5,000.00 shall be paid as determined by the insured without apportionment to cover any of the following expenses incurred by the insured but not compensated for under paragraph (2) of subsection (a) of Code Section 33-34-4:
(A) Any expenses of the type described in subparagraph (a)(2)(A) of Code Section 33-34-4;
(B) Eighty-five percent of the loss of income or earnings of the insured during disability or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corporation during the period of the insured's disability;
(C) Expenses of the type described in subparagraph (a)(2)(C) of Code Section 33-34-4, not to exceed $20.00 per day; and

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(D) Funeral services and burial expenses not to exceed $2,000.00 $3,500.00 per person; (2) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 33-34-4 shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or children, or both. Survivor's benefits shall be payable at least monthly until exhausted; (3) Compensation without regard to fault for damage to the insured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to $10.00 per day with a maximum of $300.00 for the loss of use of the motor vehicle, provided that benefits payable under this paragraph shall be written upon the PQ!::
kY_ form with !! $250.00 deductible and may be subject to differing levels 2f
deductibles at the request of the policyholder. Each insurer shall offer,!!!!! minimum,
such deductibles !!! amounts 2f zero, $100.00, $250.00, $500.00, and $1,000.00."
Section 5. Said chapter is further amended by striking subsection (c) of Code Section 33-34-6, relating to the payment of benefits by insurers and proceedings upon the failure or refusal to pay such benefits, and inserting in its place a new subsection (c) to read as follows:
"(c) In addition to all 6ihei- penalties pro.ided for in this Bode seetion, in the event that an insurer fails or refuses to pay a person the benefits which the person is entitled to under this chapter within 60 days after proper proof of loss has been filed, the person
may bring an action to reeover the benefits: anti, if the insurer fails to prtWe that its
failure or refusal to pay the benefits was in good fttitfl:;- the insttrer- shall be stffijeet to
~ damages!! provided!!! subsection (b) 2f this Code section and, !! successful, the Commissioner shall be given notice 2f such actions. The Commissioner shall take
appropriate action against such insurer !! for !! violation Qf Chapter ~ Qf this title,
including the assessment 2f fines, suspension Q! revocation 2f !! certificate Qf authority,
Q! such other action !! ~ appropriate !!! the case."
Section 6. Said chapter is further amended by striking Code Section 33-34-8, which reads as follows:
"33-34-8. (a) The benefits payable under this chapter shall not be reduced or eliminated by any workers' compensation benefits, medical payment benefits, or any other disability benefits, wage loss benefits, or hospitalization benefits that the injured person is entitled to receive, except as provided in subsections (b) and (c) of this Code section.
(b) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for medical expenses incurred as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such expenses incurred under any workers' compensation law.
(c) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for the loss of income or earnings incurred during disability as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such loss of income or earnings under any workers' compensation law, provided that in no event shall the aggregate amount of benefits which the insured injured person is entitled to receive as compensation for the loss of income or earnings during disability under this chapter without regard to fault and under any workers' compensation law be less than an amount which is equal to the person's loss of income or earnings during disability

MONDAY, FEBRUARY 19, 1990

1327

or an amount which is equal to the amount the person is entitled to receive as compensation for the loss under any workers' compensation law plus the limits of the coverage under any applicable policy of motor vehicle insurance or under any program of self-insurance providing such benefits, whichever is less.
(d) Medical payment benefits and uninsured motorists' benefits payable under coverages in motor vehicle insurance policies shall be excess over any benefits required by this chapter.", and inserting in its place a new Code Section 33-34-8 to read as follows:
"33-34-8. (a) The benefits provided under a policy of motor vehicle insurance which are payable without regard to fault for expenses described in subparagraph (a)(2)(A) or subparagraph (a)(2)(B) of Code Section 33-34-4 and subparagraph (a)(1)(A) or subparagraph (a)(1)(B) of Code Section 33-34-5 shall be primary for accidental bodily injury or disability with respect to similar benefits under other insurance policies. Benefits payable for the expenses described in subparagraph (a)(2)(A) or subparagraph (a)(2)(B) of Code Section 33-34-4 and subparagraph (a)(1)(A) or subparagraph (a)(1)(B) of Code Section 33-34-5 under a group or blanket policy of accident and sickness insurance, a policy of workers' compensation insurance, a self-insured plan of workers' compensation coverage, or a disability group policy may be reduced or eliminated to the extent that an insured injured person is entitled to receive compensation for such expenses under a policy of motor vehicle insurance.
(b) For purposes of ranking the order of benefits payments in cases of more than one applicable policy, the order of payment shall be as follows:
(1) Motor vehicle insurance; (2) Group or blanket accident and sickness insurance; (3) Group disability insurance; and (4) Workers' compensation coverages. (c) No person shall recover for economic loss from the sources specified in subsection (b) of this Code section a total amount which exceeds the amount of economic loss. (d) This Code section shall not apply to individual accident and sickness policies or individual disability policies."
Section 7. Said chapter is further amended by adding at the end thereof two new Code sections, to be designated Code Sections 33-34-18 and 33-34-19, to read as follows:
"33-34-18. (a) (1) As used in this Code section, the term 'good driver' means a person who, for the three years immediately preceding the date of an application for private passenger motor vehicle insurance or any renewal of such insurance, has committed no traffic offenses or other criminal acts involving the use of a motor vehicle and has had no claims based on fault against an insurer.
(2) Each insurer which provides coverages under this chapter shall maintain as a part of its rating plan under Chapter 9 of this title a separate tier of such plan for coverages provided to insureds who are good drivers. Such rating plan tier shall contain a minimum of 10 percent lower rates when compared with the remainder of the plan. Where applicable, the requirements of this paragraph may be satisfied by the maintenance of interrelated rating plans between affiliated insurers, so long as insureds who are good drivers receive placement in the rating plan of the insurer which corresponds to the separate good driver tier. (b) Each insurer providing coverages under this chapter shall maintain as a part of its rating plan reductions in premiums for statistically recognized cost reductions associated with risks. Reductions in premiums shall be given for, but are not limited to, the following:
(1) Package policies or multiple vehicle coverages; (2) Group policies, if available; (3) Good student performance; (4) Antitheft devices; and (5) Improved vehicle safety equipment. 33-34-19. The Commissioner shall provide by rule procedures for the expeditious and efficient settlement of property damage claims under private passenger motor vehicle policies. Such procedures may include but shall not be limited to:

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(1) Loss of use reimbursements; (2) Cost of repairs; (3) Determination of fair market values on total losses; (4) Use of aftermarket parts; and (5) Time limitations for payments."
Section 8. This Act shall become effective on July 1, 1990. After this Act becomes law upon the approval of the Governor or becomes law without such approval, insurers providing coverages under Chapter 34 of Title 33 of the Official Code of Georgia Annotated shall examine existing rating plans under said chapter regarding the effects of this Act and may file changes to such plans to effectuate the provisions of this Act. The Commissioner shall reduce by 10 percent on the effective date of this Act all rating plans for which no filing is received. Any rating plan filed prior to July 1, 1990, which does not contain at least a 10 percent reduction shall be subject to independent examination in the manner provided in Code Section 33-9-21 of the Official Code of Georgia Annotated as if an increase had been filed.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Smith of the 78th, was read and withdrawn:

A BILL
To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that certain medical expenses payable under motor vehicle insurance policies may be subject to benefit levels representing usual, customary, and reasonable charges; to increase the amount of certain benefits payable for funeral and burial expenses; to provide that certain coverages shall be made available on a deductible basis; to provide for various deductible amounts; to increase the amount of optional benefits payable without regard to fault which shall be offered by an insurer; to authorize the coordination of benefits when payable under more than one policy of insurance; to require insurers to maintain as a part of a rating plan a separate tier of such plan for coverages provided to persons who are good drivers; to provide for reductions in premiums under certain conditions; to require the Commissioner to provide by rule for the efficient settlement of property damage claims under motor vehicle insurance policies; to provide an effective date; to provide for the examination of rating plans by insurers and for the reduction of rates on and after a certain date; to provide a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Consumer Auto Insurance Affordability Act of 1990."
Section 2. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, is amended by striking paragraph (2) of subsection (a) in its entirety and inserting in its place a new paragraph (2) of subsection (a) to read as follows:
"(2) The coverage for injury to or destruction of property of the insured, as provided in paragraph (1) of this subsection, may shall provide an exclusion of ft6t fft6i'e thtm the first $250.00 of such loss or damage to any insured in any one accident and ~ be sub~ !Q differing levels Qf deductibles !!!; the request Qf the policyholder. Each insurer
shall offer, !!! !! minimum, such deductibles !!! amounts Qf zero, $100.00, $250.00,
$500.00, and $1,000.00."

MONDAY, FEBRUARY 19, 1990

1329

Section 3. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking Code Section 33-34-4, relating to minimum required motor vehicle insurance coverages, and inserting in its place a new Code Section 33-34-4 to read as follows:
"33-34-4. (a) No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has insurance on the vehicle providing the following minimum coverage:
(1) Motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this state;
(2) Compensation to insured injured persons without regard to fault up to an aggregate minimum limit of $5,000.00 per insured injured person for:
(A) All necessary medical expenses, not to exceed $2,500.00, arising from a motor vehicle accident, including necessary medicine, drugs, and surgical, dental, X-ray, and rehabilitative services, including prosthetic devices, and necessary ambulance, hospital, and nursing services as prescribed, authorized, approved, or rendered by an attending physician, including any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recognized religious
healing method~ A!!Y nonemergency expenses !!!!!Y be subject !Q benefit levels which
represent usual, customary, and reasonable charges !Q be determined !!!_ substantially the same manner ~ determined Q.y insurers for accident and sickness cover-
~;
(B) Eighty-five percent of the loss of income or earnings of the insured during disability with a maximum benefit of $200.00 per week or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corporation during the period of the insured's disability with a maximum benefit of $200.00 per week;
(C) Expenses, not to exceed $20.00 per day, reasonably incurred during a period of disability in obtaining ordinary and necessary services from others, excluding members of the injured person's household, in lieu of services that, had he or she not been injured, the injured person would have performed not for income but for the benefit of his or her household; and
(D) Funeral services and burial expenses not to exceed $1,600.00 $3,000.00 per person.
(b) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of this Code section shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or children, or both. Survivor's benefits shall be payable at least monthly until exhausted.
(c) The total benefits required to be paid under this Code section without regard to fault as the result of any one accident shall not exceed the sum of $5,000.00 per each individual covered as an insured person or such greater amount of coverage as has been purchased on an optional basis as provided in Code Section 33-34-5, regardless of the number of insurers providing such benefits or of the number of policies providing such
coverage.
(d) An insurer :!ftftY shall make the coverages described under subparagraphs (a)(2)(A) and (a)(2)(B.hf this Code section and (a)(1)(A) and (a)(1)(B) of Code Section 33-34-5 available on a deductible basis, at the option of the named insured and at a
reduced price. An insurer shall offer, !!! !! minimum, deductibles !!!_ amounts Q{ $100.00,
$250.00, $500.00, and $1,000.00. Deductibles above $1,000.00 shall be conditioned upon the named insured's written statement that the insured has additional accident and sickness coverage for theJ)rirlcipal driver Q{ each aUtOillOblle !Q be insured. An insurer shall require such statement !Q be submitted .!!! the time Q{ policy renewal ~ !! condition Q{

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retaining the deductible amount. Such a deductible shall not, however, apply to compensation to a pedestrian or to compensation to any insured whose injury results in death, dismemberment, permanent blindness in one or both eyes, total and permanent paralysis, or a compound fracture of an arm or leg. Subject to the foregoing limitation, such a deductible shall apply to reduce the total benefits limits specified by subsection (c) of this Code section, except that if there exist two or more policies providing coverage under this Code section, then with respect to each such policy the benefits limits specified by subsection (c) of this Code section shall be reduced only by the amount of the deductible specified in that policy."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 33-34-5, relating to optional motor vehicle insurance coverages, and inserting in its place a new subsection (a) to read as follows:
"(a) Each insurer shall also make available on an optional basis the following coverage:
(1) An aggregate limit of benefits payable without regard to fault up to $50,000.00 $100,000.00 per person. Benefits purchased in excess of $5,000.00 shall be paid as determined by the insured without apportionment to cover any of the following expenses incurred by the insured but not compensated for under paragraph (2) of subsection (a) of Code Section 33-34-4:
(A) Any expenses of the type described in subparagraph (a)(2)(A) of Code Section 33-34-4;
(B) Eighty-five percent of the loss of income or earnings of the insured during disability or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corporation during the period of the insured's disability;
(C) Expenses of the type described in subparagraph (a)(2)(C) of Code Section 33-34-4, not to exceed $20.00 per day; and
(D) Funeral services and burial expenses not to exceed $2,000.00 $3,500.00 per person; (2) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 33-34-4 shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or children, or both. Survivor's benefits shall be payable at least monthly until exhausted; (3) Compensation without regard to fault for damage to the insured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to $10.00 per day with a maximum of $300.00 for the loss of use of the motor vehicle, provided that benefits payable under this paragraph shall be written upon the .PQ!::
kY form with !!_ $250.00 deductible and may be subject to differing levels Qf deductibles at the request of the policyholder. Each insurer shall offer, I!! !!_ minimum, such deductibles!!! amounts Qf zero, $100.00, $250.00, $500.00, and $1,000.00."
Section 5. Said chapter is further amended by striking Code Section 33-34-8, which reads as follows:
"33-34-8. (a) The benefits payable under this chapter shall not be reduced or eliminated by any workers' compensation benefits, medical payment benefits, or any other disability benefits, wage loss benefits, or hospitalization benefits that the injured person is entitled to receive, except as provided in subsections (b) and (c) of this Code section.
(b) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for medical expenses incurred as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured

MONDAY, FEBRUARY 19, 1990

1331

injured person is entitled to receive compensation for such expenses incurred under any workers' compensation law.
(c) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for the loss of income or earnings incurred during disability as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such loss of income or earnings under any workers' compensation law, provided that in no event shall the aggregate amount of benefits which the insured injured person is entitled to receive as compensation for the loss of income or earnings during disability under this chapter without regard to fault and under any workers' compensation law be less than an amount which is equal to the person's loss of income or earnings during disability or an amount which is equal to the amount the person is entitled to receive as compensation for the loss under any workers' compensation law plus the limits of the coverage under any applicable policy of motor vehicle insurance or under any program of self-insurance providing such benefits, whichever is less.
(d) Medical payment benefits and uninsured motorists' benefits payable under coverages in motor vehicle insurance policies shall be excess over any benefits required by this chapter.", and inserting in its place a new Code Section 33-34-8 to read as follows:
"33-34-8. (a) The benefits provided under a policy of motor vehicle insurance which are payable without regard to fault for expenses described in subparagraph (a)(2)(A) or subparagraph (a)(2)(B) of Code Section 33-34-4 and subparagraph (a)(1)(A) or subparagraph (a)(1)(B) of Code Section 33-34-5 shall be primary for accidental bodily injury or disability with respect to similar benefits under other insurance policies. Benefits payable for the expenses described in subparagraph (a)(2)(A) or subparagraph (a)(2)(B) of Code Section 33-34-4 and subparagraph (a)(1)(A) or subparagraph (a)(1)(B) of Code Section 33-34-5 under a group or blanket policy of accident and sickness insurance, a policy of workers' compensation insurance, a self-insured plan of workers' compensation coverage, or a disability group policy may be reduced or eliminated to the extent that an insured injured person is entitled to receive compensation for such expenses under a policy of motor vehicle insurance.
(b) For purposes of ranking the order of benefits payments in cases of more than one
applicable policy, the order of payment shall be as follows: (1) Motor vehicle insurance;
(2) Group or blanket accident and sickness insurance; (3) Group disability insurance; and (4) Workers' compensation coverages. (c) No person shall recover for economic loss from the sources specified in subsection (b) of this Code section a total amount which exceeds the amount of economic loss. (d) This Code section shall not apply to individual accident and sickness policies or individual disability policies."
Section 6. Said chapter is further amended by adding at the end thereof two new Code sections, to be designated Code Sections 33-34-18 and 33-34-19, to read as follows:
"33-34-18. (a) (1) As used in this Code section, the term 'good driver' means a person who, for the three years immediately preceding the date of an application for private passenger motor vehicle insurance or any renewal of such insurance, has committed no traffic offenses or other criminal acts involving the use of a motor vehicle and has had no claims based on fault against an insurer.
(2) Each insurer which provides coverages under this chapter shall maintain as a part of its rating plan under Chapter 9 of this title a separate tier of such plan for coverages provided to insureds who are good drivers. Such rating plan tier shall contain a minimum of 10 percent lower rates when compared with the remainder of the plan. Where applicable, the requirements of this paragraph may be satisfied by the maintenance of interrelated rating plans between affiliated insurers, so long as insureds who are good drivers receive placement in the rating plan of the insurer which
corresponds to the separate good driver tier.

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(b) Each insurer providing coverages under this chapter shall maintain as a part of its rating plan reductions in premiums for statistically recognized cost reductions associated with risks. Reductions in premiums shall be given for, but are not limited to, the following:
(1) Package policies or multiple vehicle coverages; (2) Group policies, if available; (3) Good student performance; (4) Antitheft devices; and (5) Improved vehicle safety equipment. 33-34-19. The Commissioner shall provide by rule procedures for the expeditious and efficient settlement of property damage claims under private passenger motor vehicle policies. Such procedures may include but shall not be limited to: (1) Loss of use reimbursements; (2) Cost of repairs; (3) Determination of fair market values on total losses; (4) Use of aftermarket parts; and (5) Time limitations for payments."
Section 7. This Act shall become effective on July 1, 1990. After this Act becomes law upon the approval of the Governor or becomes law without such approval, insurers providing coverages under Chapter 34 of Title 33 of the Official Code of Georgia Annotated shall examine existing rating plans under said chapter regarding the effects of this Act and may file changes to such plans to effectuate the provisions of this Act. The Commissioner shall reduce by 10 percent on the effective date of this Act all rating plans for which no filing is received. Any rating plan filed prior to July 1, 1990, which does not contain at least a 10 percent reduction shall be subject to independent examination in the manner provided in Code Section 33-9-21 of the Official Code of Georgia Annotated as if an increase had been filed.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Dunn of the 73rd, was read:

A BILL
To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that certain medical expenses payable under motor vehicle insurance policies may be subject to benefit levels representing usual, customary, and reasonable charges; to increase the amount of certain benefits payable for funeral and burial expenses; to provide that certain coverages shall be made available on a deductible basis; to provide for various deductible amounts; to provide that certain deductibles shall not be applicable to a guest passenger; to increase the amount of optional benefits payable without regard to fault which shall be offered by an insurer; to provide that an insurer shall be liable for punitive damages not to exceed a certain amount and attorney's fees as the result of the failure or refusal to pay benefits under said chapter; to provide that an insurer shall be subject to sanctions imposed by the Commissioner of Insurance as the result of such insurer's failure or refusal to pay benefits under said chapter; to authorize the coordination of benefits when payable under more than one policy of insurance; to require insurers to maintain as a part of a rating plan a separate tier of such plan for coverages provided to persons who are good drivers; to provide for reductions in premiums under certain conditions; to require the Commissioner to provide by rule for the efficient settlement of property damage claims under motor vehicle insurance policies; to provide an effective date; to provide for the examination of rating plans by insurers and for the reduction of rates on and after a certain date; to provide a short title; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY I9, I990

I333

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Consumer Auto Insurance Affordability Act of I990."
Section 2. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, is amended by striking paragraph (2) of subsection (a) in its entirety and inserting in its place a new paragraph (2) of subsection (a) to read as follows:
"(2) The coverage for injury to or destruction of property of the insured, as provided in paragraph (I) of this subsection, may pl'6Vide shall be written upon the policy form with an exclusion of ft6i mere tftflft the first $250.00 of such loss or damage to any
insured in any one accident and !!!!!.Y be subject !Q differing levels Qf deductibles !!! the
request Qf the policyholder!!! amounts Qf $IOO.OO, $500.00, and $I,OOO.OO."
Section 3. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking Code Section 33-34-4, relating to minimum required motor vehicle insurance coverages, and inserting in its place a new Code Section 33-34-4 to read as follows:
"33-34-4. (a) No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has insurance on the vehicle providing the following minimum coverage:
(I) Motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this state;
(2) Compensation to insured injured persons without regard to fault up to an aggregate minimum limit of $5,000.00 per insured injured person for:
(A) All necessary medical expenses, not to exceed $2,500.00, arising from a motor vehicle accident, including necessary medicine, drugs, and surgical, dental, X-ray, and rehabilitative services, including prosthetic devices, and necessary ambulance, hospital, and nursing services as prescribed, authorized, approved, or rendered by an attending physician, including any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recognized religious healing method: A!!y nonemergency expenses !!!!!.Y be subject !Q benefit levels which represent usual, customary, and reasonable charges !Q be determined !!! substantially the same manner !!!! determined Qy insurers for accident and sickness cover-
~;
(B) Eighty-five percent of the loss of income or earnings of the insured during disability with a maximum benefit of $200.00 per week or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title I4, 85 percent of the loss of gross income or earnings of the professional corporation during the period of the insured's disability with a maximum benefit of $200.00 per week;
(C) Expenses, not to exceed $20.00 per day, reasonably incurred during a period of disability in obtaining ordinary and necessary services from others, excluding members of the injured person's household, in lieu of services that, had he or she not been injured, the injured person would have performed not for income but for the benefit of his or her household; and
(D) Funeral services and burial expenses not to exceed $1,600.00 $3,000.00 per person. (b) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of this Code section shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or children, or both. Survivor's benefits shall be payable at least monthly until exhausted.

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(c) The total benefits required to be paid under this Code section without regard to fault as the result of any one accident shall not exceed the sum of $5,000.00 per each individual covered as an insured person or such greater amount of coverage as has been purchased on an optional basis as provided in Code Section 33-34-5, regardless of the number of insurers providing such benefits or of the number of policies providing such coverage.
(d) An insurer f1H1Y shall make the coverages described under subparagraphs (a)(2)(A) and (a)(2)(B) of this Code section and (a)(1)(A) and (a)(1)(B) of Code Section
33-34-5 available on a deductible basis, !g amounts Qf $100.00, $250.00, $500.00,
$1,000.00, and $1,500.00 at the option of the named insured and at a reduced price. Deductibles above $1,500.00 !!!!!Y be offered. Such a deductible shall not, however, apply to compensation to a pedestrian1 !Q compensation !Q!! guest passenger, or to compensation to any insured whose injury results in death, dismemberment, permanent blindness in one or both eyes, total and permanent paralysis, or a compound fracture of an arm or leg. Subject to the foregoing limitation, such a deductible shall apply to reduce the total benefits limits specified by subsection (c) of this Code section, except that if there exist two or more policies providing coverage under this Code section, then with respect to each such policy the benefits limits specified by subsection (c) of this Code section shall be reduced only by the amount of the deductible specified in that policy."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 33-34-5, relating to optional motor vehicle insurance coverages, and inserting in its place a new subsection (a) to read as follows:
"(a) Each insurer shall also make available on an optional basis the following coverage:
(1) An aggregate limit of benefits payable without regard to fault up to $6G,OOG.GG $100,000.00 per person. Benefits purchased in excess of $5,000.00 shall be paid as determined by the insured without apportionment to cover any of the following expenses incurred by the insured but not compensated for under paragraph (2) of subsection (a) of Code Section 33-34-4:
(A) Any expenses of the type described in subparagraph (a)(2)(A) of Code Section 33-34-4;
(B) Eighty-five percent of the loss of income or earnings of the insured during disability or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corporation during the period of the insured's disability;
(C) Expenses of the type described in subparagraph (a)(2)(C) of Code Section 33-34-4, not to exceed $20.00 per day; and
(D) Funeral services and burial expenses not to exceed $2,999.99 $3,500.00 per person; (2) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 33-34-4 shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or children, or both. Survivor's benefits shall be payable at least monthly until exhausted; (3) Compensation without regard to fault for damage to the insured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to $10.00 per day with a maximum of $300.00 for the loss of use of the motor vehi-
cle, provided that benefits payable under this paragraph shall be written upon the .PQ!: !y_ form with !!_ $250.00 deductible and may be subject to differing levels Qf deductibles at the request of the policyholder !!! amounts Qf $500.00 and $1,000.00."
Section 5. Said chapter is further amended by striking subsection (c) of Code Section 33-34-6, relating to the payment of benefits by insurers and proceedings upon the failure

MONDAY, FEBRUARY 19, 1990

1335

or refusal to pay such benefits, and inserting in its place a new subsection (c) to read as follows:
"(c) In~ i6 ttH 6iher penalties pra.ided fer in this Gede seeti6ft; in the event that an insurer fails or refuses to pay a person the benefits which the person is entitled to under this chapter within 60 days after proper proof of loss has been filed, the person may bring an action to recover the benefits; and, if the insurer fails to prove that its failure or refusal to pay the benefits was in good faith, the insurer shall be subject to punitive damages not !2_ exceed three times the amount due and reasonable attorney's fees. The Commissioner shall be given notice Qf such actions J:1y an insurer. The Commissioner shall take appropriate action against such insurer ~ for !! violation Qf Chapter !?_ Qf this title, including the assessment .Qf fines, suspension Q! revocation Qf.!! certificate
Qf authority, Q! such other action ~ ~ appropriate !!! the case."
Section 6. Said chapter is further amended by striking Code Section 33-34-8, relating to the reduction or elimination of benefits under said chapter where the injured person is entitled to receive workers' compensation benefits, in its entirety and inserting in its place a new Code Section 33-34-8 to read as follows:
"33-34-8. (a) The benefits payable under this chapter shall not be reduced or eliminated by any workers' compensation benefits, medieal payment benefits, er any 6iher disability benefits, wage less benefits, er hesflitalizatien benefits that the injttred fJefS6ft is entitled i6 reeeive; except as provided in subsections (b) and (c) of this Code section.
(b) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for medical expenses incurred as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such expenses incurred under any workers' compensation law.
(c) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for the loss of income or earnings incurred during disability as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such loss of income or earnings under any workers' compensation law, provided that in no event shall the aggregate amount of benefits which the insured injured person is entitled to receive as compensation for the loss of income or earnings during disability under this chapter without regard to fault and under any workers' compensation law be less than an amount which is equal to the person's loss of income or earnings during disability or an amount which is equal to the amount the person is entitled to receive as compensation for the loss under any workers' compensation law plus the limits of the coverage under any applicable policy of motor vehicle insurance or under any program of self-insurance providing such benefits, whichever is less.
(d) The benefits provided under !! policy .Qf motor vehicle insurance which are .P!!.Y::
able without regard !2_ fault for expenses described !!! subparagraph (a)(2)(A) Q! subparagraph (a)(2)(B) Qf Code Section 33-34-4 and subparagraph (a)(1)(A) Q! subparagraph (a)(1)(B) Qf Code Section 33-34-5 shall be primary for accidental bodily injury Q! disabil!!Y with respect !2_ similar benefits under other insurance policies except policies provid-
!!!g coverage for workers' compensation benefits. Benefits payable for the expenses
described !!! subparagraph (a)(2)(A) Q! subparagraph (a)(2)(B) .Qf Code Section 33-34-4
and subparagraph (a)(1)(A) Q! subparagraph (a)(1)(B) .Qf Code Section 33-34-5 under .!! group Q! blanket policy .Qf accident and sickness insurance, Q! !! disability group policy !!!!!Y be reduced Q! eliminated !2_ the extent that an insured injured person ~ entitled !2_ receive compensation for such expenses under !! policy .Qf motor vehicle insurance.
~ purposes Qf ranking the order Qf benefits payments !!! cases Qf more than one
applicable policy, the order .Qf payment shall be ~ follows: (1) Motor vehicle insurance; (2) Group Q!: blanket accident and sickness insurance; and

1336

JOURNAL OF THE HOUSE,

(3) Group disability insurance.
~ person shall recover for economic loss from the sources specified !!! subsec-

tions @ and W Qf this Code section !! total amount which exceeds the amount Qf eco-

----w- nomic loss.

--

{gf Medical payment benefits and uninsured motorists' benefits payable under

coverages in motor vehicle insurance policies shall be excess over any benefits required

by this chapter.

(h) This Code section shall not !!PP!Y !Q individual accident and sickness policies Q!.

individual disability policies."

Section 7. Said chapter is further amended by adding at the end thereof two new Code sections, to be designated Code Sections 33-34-18 and 33-34-19, to read as follows:
"33-34-18. (a) (1) As used in this Code section, the term 'good driver' means a person who, for the three years immediately preceding the date of an application for private passenger motor vehicle insurance or any renewal of such insurance, has held a valid driver's license, has committed no traffic offenses or other criminal acts involving the use of a motor vehicle, has successfully completed a defensive driving course as provided in Code Section 33-34-16, and has had no claims based on fault against an insurer.
(2) Each insurer which provides coverages under this chapter shall maintain as a part of its rating plan under Chapter 9 of this title a separate tier of such plan for coverages provided to insureds who are good drivers. Such rating plan tier shall contain a minimum of 10 percent lower rates when compared with the remainder of the plan. Where applicable, the requirements of this paragraph may be satisfied by the maintenance of interrelated rating plans between affiliated insurers, so long as insureds who are good drivers receive placement in the rating plan of the insurer which corresponds to the separate good driver tier. (b) Each insurer providing coverages under this chapter shall maintain as a part of its rating plan reductions in premiums for statistically recognized cost reductions associated with risks. Reductions in premiums shall be given for, but are not limited to, the following:
(1) Package policies or multiple vehicle coverages; (2) Group policies, if available; (3) Good student performance; (4) Antitheft devices; and (5) Improved vehicle safety equipment. 33-34-19. The Commissioner shall provide by rule procedures for the expeditious and efficient settlement of property damage claims under private passenger motor vehicle policies. Such procedures may include but shall not be limited to: (1) Loss of use reimbursements; (2) Cost of repairs; (3) Determination of fair market values on total losses; (4) Use of aftermarket parts; and (5) Time limitations for payments."

Section 8. This Act shall become effective on October 1, 1990, and shall apply to policies issued on or after such date. After this Act becomes law upon the approval of the Governor or becomes law without such approval, insurers providing coverages under Chapters 7 and 34 of Title 33 of the Official Code of Georgia Annotated shall examine existing rating plans under said chapter regarding the effects of this Act and other enactments of the 1990 regular session of the General Assembly and may file changes to such plans to effectuate the provisions of such Acts. The Commissioner shall reduce by 10 percent on the effective date of this Act all rating plans for which no filing is received. Any rating plan filed prior to October 1, 1990, which does not contain at least a 10 percent reduction shall be subject to independent examination in the manner provided in Code Section 33-9-21 of the Official Code of Georgia Annotated as if an increase had been filed.

Section 9. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 19, 1990

1337

The following amendment was read and adopted:

Representative Dunn of the 73rd moves to amend the Floor substitute to HB 1752 as follows:
Strike on line 5 page 11 "against an insurer" and by adding on that line between "on" and "fault" "the insured's".

The following amendment was read:

Representative Smith of the 78th moves to amend the Floor substitute to HB 1752 as follows:
Delete Section Five in its entirety and renumber accordingly.
On page 3 after the word "method" strike lines 29 through 34.

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
Alford Y Allen N Athon Y Atkins N Bailey
Baker Y Balkcom Y Bannister N Barfoot N Bargeron N Barnett,B Y Barnett,M
N Bates y Beck Y Benefield Y Benn Y Birdsong
Y Bishop Bostick
Y Branch Y Breedlove Y Brooks Y Brown
Y Buck Y Buford Y Byrd Y Campbell
N Carrell N Carter
Y Chambless N Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L
Coleman N Colwell N Connell N Couch Y Crawford
Crosby N Cummings,B Y Cummings,M Y Davis,C Y Davis,G
Davis,M Y Dixon,H Y Dixon,S N Dobbs N Dover NDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
N Foster Y Godbee Y Goodwin N Green Y Greene Y Gresham NGriffin
N Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland N Holmes
Hooks Y Howren
Y Hudaon Y Irwin Y Isakaon N Jackaon,J Y Jackaon,W Y Jamieson
Y Jenkins Y Johnson Y Jones N Kilgore N Kingston
Y Lane,D Y Lane,R Y Langford N Lawrence N Lawson NLee Y Linder
Long Y Lord N Lucas N Lupton N Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows N Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
NOliver,C YO!iver,M YOrr Y Orrock N Padgett
Y Pannell NParham N Parrish N Patten
Pettit N Pinkston YPoag
Y Porter N Poston YPowell y Randall
YRansom YRay Y Reaves
Redding
N Richardson N Ricketson Y Robinson y Royal
N Selman Y Simpson
Y Sinkfield

On the adoption of the amendment, the ayes were 117, nays 48. The amendment was adopted.

Y Smith,L N Smith,P ESmith,T
YSmith,W Y Smyre
YSnow Y Stancil,F
Y Stancil.S Y Stanley
Y Steele Y Stephens N Streat Y Teper YThomas,C
Thomas,M YThompson
YThurmond Y Titua Y Tolbert N Townsend y Twiggs
Y Vaughan
N Waddle Y Walker,C N Walker,L Y Wall NWare N Watson Y Watts
White YWilder Y Williams,B
Williams,J Y Yates YYeargin
Murphy,Spkr

Representative Lucas of the 102nd moved that HB 1752 be placed upon the table. On the motion to table, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy N Adams

N Aiken N Alford Y Allen

Athon Y Atkins N Bailey

N Baker N Balkcom N Bannister

Y Barfoot Y Bargeron Y Bamett,B

1338

JOURNAL OF THE HOUSE,

N Barnett,M N Bates N Beck N Benefield
Benn N Birdsong
N Bishop Bostick
N Branch N Breedlove N Brooks N Brown N Buck N Buford N Byrd N Campbell N Carrell Y Carter N Chambless N Chance N Cheeks Y Childers Y Clark,B N Clark,H
N Clark,L N Coleman N Colwell N Connell N Couch N Crawford
Crosby
N Cummings,B
N Cummings,M

N Davis,C
Y Davis,G N Davis,M N Dixon,H N Dixon,S N Dobbs
N Dover YDunn N Edwards NEhrhart N Felton N Fennel N Floyd,J.M N Floyd,J.W Y Foster N Godbee N Goodwin
Green
N Greene N Gresham YGriffin
Y Groover N Hamilton N Hanner
N Harris N Hasty N Heard N Herbert Y Holcomb N Holland N Holmes
Hooks N Howren

N Hudson
Irwin N Isakson N Jackson,J N Jackson,W N Jamieson
N Jenkins Johnson
N Jones N Kilgore Y Kingston
N Lane,D N Lane,R N Langford
Y Lawrence N Lawson NLee N Linder
Long
Y Lord Y Lucas N Lupton
Mangum N Martin N McCoy N McDonald N McKelvey Y McKinney,B N McKinney,C N Meadows
YMilam N Mobley N Moody

On the motion, the ayes were 31, nays 130. The motion was lost.

N Morton N Moultrie N Mueller N Oliver,C N Oliver,M N Orr
Orrock N Padgett
N Pannell N Parham N Parrish
N Patten Pettit
Y Pinkston YPoag N Porter N Poston N Powell N Randall N Ransom NRay
N Reaves Redding
N Richardson
Y Ricketson N Robinson N Royal N Selman N Simpson Y Sinkfield
N Smith,L Y Smith,P ESmith,T

N Smith,W N Smyre
NSnow N Stancil,F N Stancil,S Y Stanley
N Steele N Stephens Y Streat N Teper N Thomas,C
Thomas,M NThompson N Thurmond N Titus N Tolbert N Townsend
Twiggs
N Vaughan Y Waddle Y Walker,C Y Walker,L N Wall Y Ware N Watson N Watts
White N Wilder NWilliams,B
Williams,J N Yates N Yeargin
Murphy,Spkr

The following amendment was read and lost:

Representative Cummings of the 134th moves to amend the Floor substitute to HB 1752 as follows:
On page 12 add at the end of Section 7 a new Section 8 to read as follows:
Provided however that the limitation of recovery will not apply where the insurance company fails to inform the insured at the time they purchase insurance that benefits will not be paid as per the policy if they have other insurance.
And renumber.

Representative Dunn of the 73rd moved that the House reconsider its action in adopting the Smith amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy
Y Adams N Aiken Y Alford
NAllen Y Athon N Atkins Y Bailey Y Baker N Balkcom N Bannister N Barfoot Y Bargeron

Y Barnett,B N Barnett,M
Y Bates N Beck N Benefield Y Bonn N Birdsong
N Bishop N Bostick N Branch N Breedlove N Brooks Y Brown N Buck

N Buford N Byrd
N Campbell
Y Carrell Y Carter Y Chambless
Y Chance N Cheeks N Childers N Clark,B N Clark,H N Clark,L N Coleman Y Colwell

Y Connell Y Couch N Crawford
Crosby Y Cummings,B N Cummings,M N Davis,C N Davis,G
Davis,M
N Dixon,H
Y Dixon,S Y Dobbs N Dover YDunn

N Edwards N Ehrhart
N Felton Y Fennel N Floyd,J.M N Floyd,J.W Y Foster N Godbee
N Goodwin Y Green N Greene N Gresham Y Griffin Y Groover

MONDAY, FEBRUARY 19, 1990

1339

N Hamilton Y Hanner N Harris N Hasty N Heard N Herbert
Holcomb N Holland N Holmes
Hooks N Howren N Hudson N Irwin N Isakson Y Jackson,J
N Jackson,W N Jamieson N Jenkins N Johnson N Jones Y Kilgore
Y Kingston

NLane,D
N Lane,R N Langford
Y Lawrence Y Lawson YLee N Linder
Long Y Lord Y Lucas Y Lupton y Mangum
N Martin N McCoy Y McDonald Y McKelvey N McKinney,B N McKinney,C N Meadows NMilam N Mobley N Moody

N Morton N Moultrie
N Mueller N Oliver,C N Oliver,M NOrr N Orrock Y Padgett N Pannell
YParham Y Parrish N Patten
Pettit Y Pinkston NPoag
N Porter Y Poston N Powell N Randall N Ransom NRay
N Reaves

On the motion, the ayes were 55, nays 114. The motion was lost.

The Floor substitute, as amended, was adopted.

N Redding Y Richardson Y Ricketson
N Robinson N Royal NSelman N Simpson N Sinkfield N Smitb,L Y Smitb,P
E Smitb,T NSmitb,W NSmyre YSnow Y Stancil,F N Stancil,S N Stanley N Steele N Stephens Y Streat N Teper
NTbomas,C

Thomas,M
NTbompson NTburmond
N Titus N Tolbert Y Townsend N Twiggs N Vaughan Y Waddle N Walker,C Y Walker,L N Wall YWare Y Watson
N Watts White
N Wilder NWilliams,B
Williams,J N Yates N Yeargin
Murphy,Spkr

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy
Y Adams Y Aiken N Alford Y Allen N Athon Y Atkins Y Bailey N Baker N Balkcom Y Bannister Y Barfoot N Bargeron
Y Barnett,B Y Barnett,M
N Bates Y Beck
Y Benefield NBenn Y Birdsong N Bishop
Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Buck Y Buford YByrd
Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
N Clark,B
Y Clark,H Y Clark,L Y Coleman N Colwell Y Connell N Couch Y Crawford Y Crosby Y Cummings,B N Cummings,M
Y Davis,C N Davis,G Y Davis,M Y Dixon,H
Y Dixon.S N Dobbs Y Dover
NDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
N Foster Y Godbee Y Goodwin YGreen 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
Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones N Kilgore N Kingston y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder y Loug y Lord
N Lucas Y Lupton
NMangum y Martin
Y McCoy Y McDonald Y McKelvey

N McKinney,B
Y McKinney,C Y Meadows
NMilam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M YOrr Y Orrock Y Padgett N Pannell YParham Y Parrish Y Patten Y Pettit
Y Pinkston N Poag Y Porter Y Poston YPowell y Randall
Y Ransom YRay
Y Reaves y Reddiug
Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson N Sinkfield

Y Smitb,L
Y Smith,P E Smitb,T Y Smith,W N Smyre YSnow Y Stancil,F Y Stancil,S N Stanley
Y Steele Y Stephens
Y Streat Y Teper
YTbomas,C Y Tbomas,M YTbompson NTburmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle N Walker,C Y Walker,L
Y Wall NWare N Watson Y Watts y White Y Wilder
Y Williama,B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 35.

1340

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Watson of the 114th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1752.

HB 1139. By Representatives Childers of the 15th and Richardson of the 52nd:
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 authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses.

The following Committee substitute was read and adopted:

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 authorize the imposition, assessment, and collection of additional penalties when fines are imposed for certain criminal offenses; to provide for legislative construction; to require such additional amounts to be paid into a special county account and be used for drug abuse treatment and education programs; to authorize additional appropriations and expenditures; 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 a new article to read as follows:
"ARTICLE 6
15-21-100. (a) In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1, or 16-13-31, which offenses relate to certain activities regarding marijuana, controlled substances and noncontrolled substances, there shall be imposed as an additional penalty a sum equal to the original fine.
(b) The sums required by subsection (a) of this Code section shall be in addition to the 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.
15-21-101. (a) The sums provided for in Code Section 15-21-100 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. Those sums paid over to the governing authority shall be deposited thereby into a special account to be known as the 'County Drug Abuse Treatment and Education Fund.'
(b) Moneys collected pursuant to this article and placed in the 'County Drug Abuse Treatment and Education Fund' shall be expended by the governing authority of the county for which the fund is established solely and exclusively for drug abuse treatment and education programs relating to controlled substances and marijuana. 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 drug abuse treatment or education programs."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 19, 1990

1341

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to_
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B Y Barnett,M
Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooka Y Brown Y Buck Y Buford YByrd YCampbell Y Carrell Y Carter
Chambless
YChance Y Cheeka

Y Childers Y Clark,B
Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell Y Couch 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 YEhrbart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Hanner

Y Harris Y Hasty
Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes
Hooka Y Howren
Y Hudson Y Irwin Y Isakson Y Jackaon,J
Jackaon,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 Lucaa
Y Lupton y Mangum
Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C
Y Oliver,M Y Orr Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter
Y Poston YPowell y Randall
YRaneom YRay Y Reaves y Redding Y Richardson Y Ricketeon Y Robinson y Royal y Selman
Y Simpson Y Sinkfield

YSmith,L Y Smith,P
ESmith,T YSmith,W
Y Smyre YSnow Y Stancil,F Y Stancii,S Y Stanley Y Steele Y Stephens
Y Streat Teper Tbomas,C
YTbomas,M YTbompson
Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs Y Vaughan
Y Waddle Y Walker,C
Walker,L Y Wall YWare
Wateon Y Watta Y White
Wilder YWilliams,B
Williams,J Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 109. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize creditable service to be obtained for time spent as a visiting scholar.

The following Committee substitute was read and adopted:

A BILL
To amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize creditable service to be obtained for time spent as a visiting scholar at a public college or university; to provide for a definition; to provide conditions and requirements relative thereto; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.

1342

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by adding at the end thereof a new Code Section 47-3-91 to read as follows:
"47-3-91. (a) As used in this Code section, the term 'public college or university' means a college or university or other educational instituion which is operated by or is under the control and management of a government or an agency or political subdivision of a government and which depends on government funds as a primary source of financial support.
(b) Any member who was or is granted a leave of absence from a unit of the University System of Georgia to accept appointment as a visiting scholar to give lectures or teach at a public college or university located inside or outside the United States shall be entitled to obtain creditable service under this chapter for the period of time spent as a visiting scholar, subject to the provisions of subsection (c) of this Code section.
(c) Any creditable service obtained pursuant to the authority of this Code section shall be subject to the following conditions and requirements:
(1) No more than two years of creditable service may be obtained under this Code section;
(2) No member who receives or who is or will become entitled to receive any annuity or pension or retirement benefit from any other source, except social security, shall be eligible to obtain creditable service under this Code section;
(3) No creditable service obtained under this Code section shall be applied to obtain creditable service under Code Section 47-3-89, and no person shall be entitled to obtain more than a total of ten years of creditable service pursuant to this Code section and Code Section 47-3-89; and
(4) The member must pay employer and employee contributions which would have been paid to the retirement system during the period of time claimed as creditable service based on the member's earnable compensation at the time of making application for creditable service plus regular interest thereon compounded annually from the time the service as a visiting scholar was rendered until the date of payment."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
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 Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates 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 Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Crosby
Y Cummings,B Y Cummings,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H Y Dixon,S
Dobbs

Y Dover YDunn
Edwards y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster
Y Godbee Y Goodwin
YGreen Y Greene Y Gresham Y Griffm
Groover Y Hamilton
Hanner

Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Ylrwin Y Iaakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones

MONDAY, FEBRUARY 19, 1990

1343

Y Kilgore Y Kingston YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson
Y 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 YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten

Y Pettit
Pinketon Y Poag Y Porter Y Poston Y Powell
Randall YRansom
Ray Y Reaves
Redding Y Richardson Y Ricketaon Y Robinson y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P E Smith,T YSmith,W Y Smyre
YSnow
Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C YThomas,M YThompson YThurmond Y Titus

Y Tolbert
Townsend y Twiggs Y Vaughan
Y Waddle Y Walker,C
Walker,L Y Wall YWare Y Wataon Y Watts y White
Wilder Y WilliamsB
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.

The Speaker Pro Tern assumed the Chair.

HB 1370. By Representatives Smith of the 156th, Dover of the 11th, Moody of the 153rd, McKelvey of the 15th and Fennel of the 155th:
A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages for the purposes of the Georgia "Employment Security Law," so as to exclude from the definition of wages payments made by the owner or operator of a commercial shrimping or fishing vessel as a percentage of the daily catch of the vessel to crew members for services performed on the vessel for that particular day.

The following substitute, offered by Representative Smith of the 156th, was read and adopted:

A BILL
To amend Code Section 34-8-40 of the Official Code of Georgia Annotated, relating to the definition of employment for purposes of unemployment compensation, so as to provide that services performed by certain individuals in the catching or harvesting of fish and similar services shall not be considered as employment; to provide conditions; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-8-40 of the Official Code of Georgia Annotated, relating to the definition of employment for purposes of unemployment compensation, is amended by striking the word "or" at the end of paragraph (13) of subsection (o) of said Code section, by striking the period at the end of paragraph (14) of subsection (o) and inserting in its place a semicolon, and by adding two new paragraphs (15) and (16) to read as follows:
"(15) Service performed by an individual in or as an officer or member of the crew of a vessel while it is engaged in the catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, including service performed by any such individual as an ordinary incident to any such activity, except:
(A) Service performed in connection with the catching or taking of salmon or halibut for commercial purposes; and

1344

JOURNAL OF THE HOUSE,

(B) Service performed on or in connection with a vessel of more than ten net tons, which tonnage shall be determined in the manner provided for determining the register tonnage of merchant vessels under the laws of the United States; or (16) Service, other than service performed by a child under the age of 18 in the employ of his father or mother, performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life under an arrangement with the owner or operator of such boat pursuant to which:
(A) Such individual does not receive any cash remuneration other than as provided in subparagraph (B) of this paragraph;
(B) Such individual receives a share of the boat's catch or, in the case of fishing operation involving more than one boat, the boats' catch of fish or other forms of aquatic animal life or a share of the proceeds from the sale of such catch; and
(C) The amount of such individual's share depends on the amount of the boat's catch or, in the case of a fishing operation involving more than one boat, the boats' catch of fish or other forms of aquatic animal life, but only if the operating crew of such boat or, in the case of a fishing operation involving more than one boat, the operating crew of each boat from which the individual receives a share is normally made up of fewer than ten individuals."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Bannister
Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Buck Y Buford Y Byrd
Campbell
Y Carrell Y Carter
Chambless
Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cumminga,B Y Cumminga,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards YEhrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham YGriffin
Groover Y Hamilton
Hanner

YHarris 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 Y Johnaon Y Jones Y Kilgore Y Kingston
YLane,D Y Lane,R Y Langford
Y Lawrence Y Lawson y Lee
Y Linder YLong 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 Morton
Moultrie Y Mueller Y Oliver,C YOliver,M Y Orr Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell
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
ESmith,T YSmith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Steele Y Stephens Y Streat Y Teper Y Thomas,C
YThomas,M YThompson
YThurmond Y Titus Y Tolbert Y Townsend YTwigga Y Vaughan Y Waddle Y Walker,C
Walker,L YWall
YWare Y Watson Y Watts y White
Wilder YWilliams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

MONDAY, FEBRUARY 19, 1990

1345

By unanimous consent, HB 1370, by substitute, was ordered immediately transmitted to the Senate.

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 1456.

By Representative Langford of the 7th:
A bill to amend Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records, so as to provide that a qualified representative of a deceased patient's estate may obtain the medical records of such deceased patient.

The following amendment was read and adopted:
The Committee on Special Judiciary moves to amend Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records, so as to provide that a qualified representative of a deceased patient's estate may obtain the medical records of such deceased patient; 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 37-3-166 of the Official Code of Georgia Annotated, relating to the maintenance, confidentiality, and release of clinical records, is amended by striking paragraph (2) of subsection (a) of said Code section in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) A copy of the record may be released to any person or entity designated in writing by the patient or, if appropriate, by his parent or guardian Q!:. except~ !Q records
which are privileged ~ provided Q.y ~ !Q the qualified representative Qf !! deceased
patient's estate;".
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, 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 Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B YBamett,M
Bates y Beck
Y Benefield Benn

Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford Y Byrd YCampbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L

Y Coleman
Y Colwell
Connell Y Couch Y Crawford
Crosby Y Cumminga,B Y Cumminga,M
Y Davis,C Davis,G
Y Davis,M Y Dixon,H Y Dixon,S y Dobbs
Y Dover YDunn
Edwards y Ehrhart
Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W N Foster
Godbee y Goodwin
Y Green Y Greene Y Gresham Y Griffm
Groover Y Hamilton
Hanner y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes
Hooks

Y Howren Y Hudson
Y Irwin Y Iaakaon Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Y Johnson Y Jonea Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong

1346

JOURNAL OF THE HOUSE,

Y 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 Morton Moultrie

Y Mueller Y Oliver,C
Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParbam Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston
Y Powell

Randall
Y Ransom YRay Y Reavea Y Redding Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P E Smith,T
Y Smith,W

Y Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M YThompson Y Thurmond Y Titus Y Tolbert Y Townsend

y Twiggs Y Vaughan
Waddle Y Walker,C
Walker,L Y Wall YWare Y Watson
Y Watts White Wilder
YWilliams,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 1294. By Representatives Porter of the 119th, Barfoot of the 120th, Oliver of the 53rd, Thomas of the 69th, Lawson of the 9th and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide training requirements for judges of municipal courts; to provide for payment of training costs; to create the Georgia Municipal Courts Training Council to administer the training of municipal judges.

The following amendment was read and adopted:

The Committee on Special Judiciary moves to amend HB 1294 by striking lines 8 through 17 of page 3 in their entirety and inserting in lieu thereof the following:
"36-32-22. (a) There is established a council which shall be known and designated as the 'Georgia Municipal Courts Training Council' and which shall be composed of the director of the administrative office of the courts or his designee, which member shall not be a voting member, and five municipal judges who shall be appointed by the Governor upon the recommendations of the Georgia Municipal Association. The initial terms for two members shall expire on December 31, 1991. The initial terms for three members shall expire on December 31, 1992. Following the expiration of these initial terms, their successors shall be appointed for terms of two years.
(b) In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term.
(c) Membership on the council does not constitute public office and no member shall be disqualified from holding office by reason of his membership."
By striking on line 23 of page 4 the word "magistrate" and inserting in lieu thereof the words "municipal court".
By striking lines 1 through 30 of page 5 in their entirety and inserting in lieu thereof the following:
"36-32-27. (a) Any person who becomes a municipal judge on or after January 1, 1991, shall satisfactorily complete 20 hours of training in the performance of his duties, prior to December 31, 1991, and shall attend the first scheduled training session held after the date of his election or appointment in order to become certified under this article. Any person serving as a municipal judge prior to January 1, 1991, shall be exempt from completing these 20 hours of training.

MONDAY, FEBRUARY 19, 1990

1347

(b) In order to maintain the status of a certified municipal judge, each person certified as such shall complete 12 hours of additional training per annum during each calendar year after the year of his initial certification in which he serves as municipal judge."

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 Allen
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck
Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford y Byrd
Y Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

YChilders
Clark,B
Y Clark,H Y Clark,L Y Coleman YColwell
Connell Y Couch 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 YDunn Y Edwards YEbrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee Y Goodwin YGreen Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner

Y Harris Y Hasty YHeard
Herbert Y Holcomb Y Holland YHolmes YHooks Y Howren Y Hudson
Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton
y Mangum y Martin
Y McCoy Y McDonald
McKelvey

McKinney,B
McKinney,C Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Y Pinkston
Poag Y Porter Y Poston Y Powell
Randall Y Ransom YRay
YReaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
YSelman Y Simpson
Sinkfield

Y Smith,L Y Smith,P ESmith,T
Smith,W Smyre
YSnow Y Stancii,F Y Stancii,S
Stanley
Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M YThompson YThurmond Y Titus Y Tolbert
Y Townsend y Twiggs Y Vaughan
Waddle Y Walker,C
Walker,L YWall
YWare Y Watson Y Watts
White Wilder YWilliams,B Williams,J Y Yates YYeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Industrial Relations:

HB 1203. By Representatives Dover of the lith, Murphy of the 18th, Lee of the 72nd, Lane of the 27th and Walker of the 115th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide a comprehensive statute to facilitate a drug-free public work force in Georgia; to provide a short title.

The following Resolution of the House was read and referred to the Committee on Transportation:

1348

JOURNAL OF THE HOUSE,

HR 883. By Representatives Alford of the 57th, Kilgore of the 42nd and Coleman of the 118th:
A resolution creating the House Rapid Rail Passenger Service Study Committee.

Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 665 Do Pass SB 691 Do Pass HB 1889 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman

Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 632 Do Pass SB 250 Do Pass, by Substitute
Respectfully submitted, /s/ Pinkston of the 100th
Chairman

Representative Dover of the 11th 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 1203 Do Pass, by Substitute
Respectfully submitted, Is/ Dover of the 11th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

MONDAY, FEBRUARY 19, 1990

1349

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1449 Do Pass, by Substitute HB 1549 Do Pass, by Substitute
Respectfully submitted,
Is/ Pettit of the 19th
Secretary

Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1145 Do Pass, by Substitute SB 17 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 17th
Chairman

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 1050 through 1065, who have registered in the Docket of Legislative Appearance as of February 16, 1990, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 16th day of February, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

/s/ Max Cleland Secretary of State

1050.

Michael R. MacKenzie The MacKenzie Agency 974 Klondike Court Suite 102 Conyers, Georgia 30207

1051.

David M. Petrowski C.W.A. Local Union 3263 2000 North East Exp. Norcross, Georgia 30278

1052.

Freda J. Anderson Right to Bite Coalition 4140 Creek Stone Court Stone Mountain, Ga. 30083

1350

JOURNAL OF THE HOUSE,

1053.

Jean McDowell Catoosa County Area
Chamber of Commerce Citizen P. 0. Box 789 Ringgold, Georgia 30736

1054.

Mary Keith Catoosa County Area
Chamber of Commerce P. 0. Box 52 Ringgold, Georgia 30736

1055.

James H. Price Catoosa County Chamber
of Commerce P. 0. Box 2009 Fort Oglethorpe, Ga. 30742

1056.

David W. Milam Salem Carpet Mills, Inc. Catoosa County Chamber
of Commerce Carpet and Rug Institute Walker Tech Institute P. 0. Box 10 Ringgold, Georgia 30736

1057.

Michael Paul O'Neill Carpet and Rug Institute Salem Carpet Mills, Inc. Catoosa County Chamber
of Commerce P. 0. Box 10 Ringgold, Georgia 30736

1058.

Kathryn L. Bowden Sonat, Inc. P. 0. Box 2563 Birmingham, AL. 35243

1059. 1060. 1061. 1062. 1063.
1064. 1065.

W. Randall Tye Healthmaster, Inc. One Ravinia Drive Suite 1600 Atlanta, Georgia 30346
Robert P. Williams, II Healthmaster, Inc. 1400 Candler Bldg. 127 Peachtree Street Atlanta, Georgia 30303
Shari Wallander Ginn, Edington, Moore &
Wade, Inc. 1360 South CNN Center Atlanta, Georgia 30303
Gerald N. Brunson Merck Sharp & Dohme 4940 Windhaven Court Atlanta, Georgia 30338
H. Wayne Phears Three Rivers Home Health VNA Tift Co. VNA Decatur Co. Archbold Home Health Davidson Mineral Properties 4725 Peachtree Corners Cir. Suite 375 Norcross, Georgia 30092
Laura Jean Meadows Georgia Farm Bureau
Federation P. 0. Box 7068 Macon, Georgia 31210
Gary E. Jackson Fulton County Development
Authority 1801 Peachtree Street, N.E. Suite 330 Atlanta, Georgia 30309

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 ProTem announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 20, 1990

1351

Representative Hall, Atlanta, Georgia Tuesday, February 20, 1990

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 Ralph David Abernathy, Pastor, West Hunter Baptist Church, Atlanta, Georgia.
Representative Bargeron of the 108th, 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 1952. By Representative Porter of the 119th: A bill to amend an Act providing a new charter for the Town of East Dublin, so as to change the corporate name of the Town of East Dublin to the City of East Dublin.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1953. By Representative Poag of the 3rd: A bill to continue the Board of Education of Murray County and provide for its composition, powers, duties, rights, obligations, and liabilities; to provide for an at-large member of that board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1954. By Representative White of the 132nd: A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to repeal the provisions relating to bingo.
Referred to the Committee on Judiciary.

1352

JOURNAL OF THE HOUSE,

HB 1955. By Representative Branch of the 137th:
A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the City of Fitzgerald for individuals 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1956. By Representatives Padgett of the 86th, Ransom of the 90th, Harris of the 84th, Jackson of the 83rd, Connell of the 87th and others:
A bill to amend an Act creating the Augusta Judicial Circuit, so as to authorize the governing authority of each county comprising the Augusta Judicial Circuit to supplement the state paid compensation of probation officers and other probation personnel of the Augusta Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1957. By Representative Dobbs of the 74th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to regulate the use of holding tanks for the collection and disposal of sewage from flush toilets used at construction sites and special events.
Referred to the Committee on Natural Resources & Environment.

HR 885. By Representative White of the 132nd:
A resolution proposing an amendment to the Constitution so as to remove the exemption for nonprofit bingo games from the prohibition against lotteries.
Referred to the Committee on Ways & Means.

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 com-
mittees:

HB 1958. By Representatives Davis of the 29th, Randall of the 101st, Johnson of the 123rd, Mueller of the 126th and Dobbs of the 74th:
A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to provide for administration and enforcement of oil spill regulations by the Environmental Protection Division of the Department of Natural Resources.
Referred to the Committee on Natural Resources & Environment.

HB 1959. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd, Benefield of the 72nd and Davis of the 72nd:
A bill to provide a homestead exemption from all City of Riverdale ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, for the full value of the homestead for residents of the City of Riverdale who are 65 years of age or over and whose income does not exceed $6,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 20, 1990

1353

HB 1960. By Representative Waddle of the 113th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to provide that houseboats 16 feet in width or less may be transported on the highways of this state; to provide that the transport of houseboats in excess of 12 feet in width shall be subject to the permit fees provided for in Code Section 32-6-28.
Referred to the Committee on Transportation.

HB 1961. By Representative Isakson of the 21st:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for the additional designation of certain counties as moderately developed or developed areas.
Referred to the Committee on Ways & Means.

HB 1962. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to provide for an advisory referendum election to be held in Catoosa County for the purpose of determining whether or not the adoption of a comprehensive land use plan and zoning ordinance for unincorporated Catoosa County is preferred by the electors of such county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1963. By Representatives Simpson of the 70th, Thomas of the 69th and Jones of the 7lst:
A bill to amend an Act relating to the board of education and school superintendent of the Carroll County School District, so as to change the education districts of said school district.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1964. By Representative Davis of the 72nd:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to change the provisions relating to carrying certain weapons or explosives to or at public gatherings; to provide that the carrying of explosives, hoax bombs, or firearms to or while at public gatherings shall be a felony.
Referred to the Committee on Special Judiciary.

HB 1965. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd, Benefield of the 72nd, Davis of the 72nd and others:
A bill to amend an Act establishing a new charter for the City of College Park, so as to authorize the City of College Park to have and be authorized to exercise 'any and all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as now or hereafter amended, and to provide for certain powers.
Referred to the Committee on State Planning & Community Affairs - Local.

1354

JOURNAL OF THE HOUSE,

HB 1966. By Representatives Hamilton of the 124th and Herbert of the 76th:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to provide that local boards of education shall identify children at risk and develop a plan describing how the local school board will meet the needs of such children through curriculum modifications and alternative programs that meet high school graduation requirements.
Referred to the Committee on Education.

HB 1967. By Representatives Howren of the 20th, Clark of the 20th, Gresham of the 21st, Thompson of the 20th, Atkins of the 21st and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1968. 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 1969. By Representative Thomas of the 69th:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to provide that the temporary assignments of judges shall be made by the district administrative judge.
Referred to the Committee on Judiciary.

HB 1970. By Representative Ray of the 98th: A bill to provide for the Board of Education of Peach County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1971. By Representatives Kingston of the 125th, Hamilton of the 124th, Mueller of the 126th and Allen of the 127th:
A bill to amend an Act relating to the provision of transit services by the board of commissioners of Chatham County, so as to provide that no special district transit service fee, assessment, or tax shall be levied on a private residential island which is not located within one mile of a bus stop.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 886. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the

;;

99th, Connell of the 87th, Lee of the 72nd and others:

~~

A resolution creating the Joint Study Committee on State Officials' Compensation.

Referred to the Committee on Rules.

TUESDAY, FEBRUARY 20, 1990

1355

HR 887. By Representatives Pinkston of the IOOth, Groover of the 99th, Randall of the lOlst, Buford of the 103rd, Lucas of the 102nd and others:
A resolution designating the F. Emory Greene Memorial Bridge.
Referred to the Committee on Transportation.

HR 908. By Representative Smith of the 16th:
A resolution granting nonexclusive easements for construction, operation, and maintenance of natural gas distribution pipelines in, on, under, over, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 909. By Representative Edwards of the 112th: A resolution designating the Eloise Wooldridge Bridge.
Referred to the Committee on Transportation.

HR 910. By Representative Colwell of the 4th:
A resolution authorizing the conveyance of certain state owned real property located in Bryan County, Georgia, in settlement of a claim of an interest in other state owned property on Sapelo Island located in Mcintosh County, Georgia.
Referred to the Committee on State Institutions & Property.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1915 HB 1916 HB 1917 HB 1918 HB 1919 HB 1920 HB 1921 HB 1922 HB 1923 HB 1924 HB 1925 HB 1926 HB 1927 HB 1928 HB 1929 HB 1930 HB 1931 HB 1932 HB 1933 HB 1934 HB 1935 HB 1936 HB 1937 HB 1938 HB 1939

HB 1940 HB 1941 HB 1942 HB 1943 HB 1944 HB 1945 HB 1946 HB 1947 HB 1948 HB 1949 HB 1950 HB 1951 HR 884 SB 495 SB 521 SB 616 SB 623 SB 636 SB 679 SB 680 SB 705 SB 708 SB 717 SB 718 SB 720

1356

JOURNAL OF THE HOUSE,

SB 722 SR 281
SR 410

SR 413 SR 414

Representative Clark of the 55th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 577 Do Pass, by Substitute SR 305 Do Pass
Respectfully submitted, /s/ Clark of the 55th
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 872 Do Pass
Respectfully submitted,
Is/ Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - 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 1113 Do Pass, as Amended HB 1871 Do Pass HB 1882 Do Pass HB 1883 Do Pass HB 1884 Do Pass
HB 1885 Do Pass HB 1886 Do Pass, by Substitute HB 1887 Do Pass, by Substitute HB 1891 Do Pass HB 1892 Do Pass
HB 1897 Do Pass

HB 1898 Do Pass HB 1901 Do Pass HB 1902 Do Pass HB 1903 Do Pass HB 1905 Do Pass HB 1907 Do Pass HB 1908 Do Pass HB 1909 Do Pass HB 1910 Do Pass SB 646 Do Pass

Respectfully submitted,
Is/ Lane of the 27th
Chairman

TUESDAY, FEBRUARY 20, 1990

1357

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 20, 1990
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:
HB 639 Teachers Retirement; Transfer by Faculty of University System HB 1199 Insurance; Experience Rating Certain Groups; Prohibitions HB 1314 General Appropriations Act; FY 1990-1991 HB 1516 Education; Failure to Put Schools in Operation; Funding HB 1517 Ed.; Suspending/Reopening Local School Sys.; Repeal Cert. Article HB 1518 Education Partnership Act of 1990; Provide HB 1530 Workers' Compensation; Cert. Volunteer Firefighters; Coverage HB 1553 Property; Certain Counties; Extend Covenants HB 1568 Used Car Dealers; Definition HB 1571 Vidalia Onion; Official Vegetable; Designate HB 1581 Sheriffs; Certain Deposits; Interest Bearing Accounts HB 1605 Mtr. Veh. Ins.; Unknown Person Causing Accident Without Contact HB 1610 Small Businesses; Minimum Amount of Capital HB 1612 Motor Fuel Tax; Cooperative Agreements With Other States HB 1624 Nursing Homes; Reporting Abuse; Certain Immunity HB 1630 Indemnification; Emergency Medical Technicians; Coverage HB 1646 Ad Valorem Tax; Standing Timber Part of Real Estate HB 1647 Civil Practice; Sheriffs Sales; Dates HB 1654 Honey and Imitation Honey; Mislabeling Penalty HB 1906 Qualifying for State Office; Mandatory Drug Testing
HR 731 Desmond T. Doss Medal of Honor Highway; Designate HR 794 Edna Jo Butler Parkway; Designate HR 795 Clarence Ridley Highway; Designate HR 847 Richmond Co. Bd. of Health; Conveyance of Estate or Usufruct
SB 523 Corps.; Effectuate Ins. Upon Certain Employees' Authorization
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted,
Is/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 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 commissioner.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1113 by striking "$1,800.00" from line 13 of page 1 and inserting "$4,800.00" in its place.

1358

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen Y Athon Y Atkins Bailey Y Baker Balkcom Y Bannister Barfoot Y Bargeron Y Barnett,B Barnett,M Y Bates y Beck Benefield Benn Birdsong Y Bishop Y Bostick Branch Y Breedlove Brooks Y Brown Y Buck Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Clark,L
Coleman Y Colwell Y Connell
Y Couch 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
Dunn Edwards Y Ehrhart Y Felton Y Fennel Floyd,J.M YFioyd,J.W
Y Foster Y Godbee
Goodwin Y Green Y Greene
Y Gresham YGriffin
Groover Y Hamilton Y Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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 Y Long Y Lord
Lucas Y Lupton y Mangum
YMartin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Parrish Patten Y Pettit Pinkston y Poag
Porter Y Poston Y Powell y Randall
Y Ransom YRay
Y Reaves Redding Richardson Ricketson
Robinson y Royal
YSelman Y Simpson
Sinkfield

Y Smith,L Smith,P
E Smith,T Y Smith,W
Smyre YSnow Y Stancii,F Y Stancii,S Y Stanley Y Steele
Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M
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 Wilder Y Williams,B Y Williams,J Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1871.

By Representatives Powell of the 145th and Royal of the 144th:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen Y Athon Y Atkins Bailey Y Baker Balkcom Y Bannister

Barfoot Y Bargeron Y Bamett,B
Barnett,M Y Bates Y Beck
Benefield Benn Birdsong Y Bishop Y Bostick Branch

Y Breedlove Brooks
YBrown Y Buck
Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Clark,L Coleman
Y Colwell Y Connell Y Couch
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
Dunn Edwards y Ehrhart
Y Felton Y Fennel

Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
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
Hudson Y Irwin Y Isakson

TUESDAY, FEBRUARY 20, 1990

Y Jackson,J
Y Jackson,W Y Jamieson Y Jenkins Y Johnaon Y Jones Y Kilgore Y Kingston YLane,D
Y Lane.R Y Langford
Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord
Lucas Y Lupton y Mangum
YMartin Y McCoy
Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOrr
Y Orrock Y Padgett
Y Pannell Parham Parrish Patten
Y Pettit Pinkston
YPoag Porter
Y Poston Y Powell

y Randall
Y Ransom YRay
Y Reaves Redding Richardson
Ricketson Robinson y Royal
YSelman Y Simpson
Sinkfield
Y Smith,L Smith,P
E Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat

1359
Y Teper YThomas,C YThomas,M
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 Wilder YWilliams,B YWilliams,J Yates y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1882.

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 of Fayette 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:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen Y Athon Y Atkins Bailey Y Baker Balkcom Y Bannister Barfoot Y Bargeron Y Barnett,B Barnett,M Y Bates Y Beck Benefield Benn
Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Brooks Y Brown Y Buck
Buford Y Byrd Y Campbell Y Carrell

Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B YClark,H
Clark,L Coleman Y Colwell Y Connell Y Couch 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
Dunn Edwards Y Ehrhart Y Felton Y Fennel Floyd,J.M Y Floyd,J.W Y Foster
y Godbee

Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover
Y Hamilton Y Hanner YHarris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren
Hudaon Yirwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D YLane,R Y Langford Y Lawrence

Y Lawson YLee 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Parrish Patten Y Pettit Pinkston

y Poag
Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves
Redding
Richardson Ricketson Robinson y Royal y Selman
Y Simpson Sinkfield
Y Smith,L Smith,P
E Smith,T YSmith,W
Smyre YSnow Y Stancil,F
Y Stancil.S Y Stanley Y Steele
Stephens Y Streat Y Teper YThomas,C YThomas,M
Thompson

1360

JOURNAL OF THE HOUSE,

Thurmond Y Titus Y Tolbert Y Townsend

YTwiggs Y Vaughan
Waddle Y Walker,C

Walker,L YWall
Ware Y Wataon

Y Watts White Wilder
YWilliams,B

Y Williams,J Yatea
y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1883. 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 roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen Y Athon Y Atkins Bailey
Y Baker Balkcom
Y Bannister Barfoot
Y Bargeron Y Bamett,B
Bamett,M
Y Batea y Beck
Benefield Benn Birdsong Y Bishop Y Bostick Branch Y Breedlove
Brooks Y Brown Y Buck
Buford Y Byrd Y Campbell
Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch 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
Dunn Edwards YEbrhart Y Felton Y Fennel Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Goodwin Y Green Y Greene Y Gresham Y Griffin Groover Y Hamilton Y Hanner

YHarris Y Hasty
YHeard 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 Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long
YLord Lucas
Y Lupton y Mangum
YMartin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOrr Y Orrock
Y Padgett Y Pannell
Parham Parrish Patten Y Pettit Pinkston YPoag Porter Y Poston YPowell y Randall Y Ranaom YRay
Y Reaves Redding Richardson Ricketaon
Robinaon y Royal y Selman Y Simpson
Sinkfield

Y Smith,L
Smith,P E Smith,T YSmith,W
Smyre
YSnow Y Stancii,F Y Stancii,S Y Stauley
Y Steele Stephens
Y Streat Y Teper
Y Thomas,C Y Thomas,M
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 Wilder
Y Williams,B Y Williams,J
Yatea y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1884. 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 of Fayette County.

TUESDAY, FEBRUARY 20, 1990

1361

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen Y Athon Y Atkins Bailey Y Baker Balkcom Y Bannister Barfoot Y Bargeron Y Barnett,B Bamett,M Y Bates y Beck
Benefield
Benn Birdsong Y Bishop
Y Bostick Branch
Y Breedlove Brooks
Y Brown Y Buck
Buford y Byrd
YCampbell
Y Carrell Y Carter YChambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell
Y Couch 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
Dunn Edwards y Ehrhart
Y Felton Y Fennel
Floyd,J.M
Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham Y Griffm
Groover Y Hamilton Y Harmer

YHarris
Y 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 Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord Lucas
Y Lupton
YMangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKirmey,C
Y Meadows Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr y Orrock
Y Padgett Y Parmell
Parham Parrish Patten Y Pettit Pinkston YPoag Porter Y Poston Y Powell y Randall Y Ransom YRay YReaves Redding Richardson Ricketeon Robinson y Royal y Selman
Y Simpson Sinkfield

Y Smith,L Smith,P
ESmith,T YSmith,W
Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens
Y Streat Y Teper
YThomas,C YThomas,M
Thompson
Thurmond YTitus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Waddle Y Walker,C
Walker,L
YWall Ware
Y Wateon Y Watts
White Wilder
Y Williams,B Y Williams,J
Yatee YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1885.

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 of Fayette 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:

Aaron Abernathy Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins
Bailey
Y Baker Balkcom
Y Bannister

Barfoot Y Bargeron Y Bamett,B
Barnett,M Y Batee YBeck
Benefield Benn Birdsong Y Bishop Y Bostick Branch

Y Breedlove Brooks
Y Brown Y Buck
Buford YByrd YCampbell Y Carrell Y Carter Y Chambless YChance Y Cheeks

Y Childers Clark,B
Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch Crawford Y Crosby Cummings,B Cummings,M

Y Davis,C Y Davis,G
YDavis,M Y Dixon,H Y Dixon,S y Dobbs Y Dover
Dunn Edwards y Ehrhart
Y Felton Y Fennel

1362

JOURNAL OF THE HOUSE,

Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
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 YHooks 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 YLane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Parrish Patten Y Pettit Pinkston y Poag
Porter Y Poston Y Powell

y Randall
YRansom YRay Y Reaves
Redding Richardson
Ricketson Robinson y Royal
Y Selman Y Simpson
Sinkfield Y Smith,L
Smith,P E Smith,T Y Smith,W
Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat

Y Teper YThomas,C YThomas,M
Thompson Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vanghan Waddle
Y Walker,C Walker,L
Y Wall Ware
Y Watson Y Watts
White Wilder YWilliama,B Y Williama,J Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1886.

By Representative Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Clinch County, so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman; to change the limits within which the board may fix the salaries of members of the board.

The following Committee substitute was read and adopted.

A BILL
To amend an Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 3972), and an Act approved March 20, 1985 (Ga. L. 1985, p. 3974), so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman; to change the limits within which the board may fix the salaries of members of the board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 3972), and an Act approved March 20, 1985 (Ga. L. 1985, p. 3974), is amended by striking subsections (a) and (b) of Section 9 in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The chairman of the board shall receive an annual salary of not less than $25,000.00 and not more than $30,000.00, the exact amount to be determined by a majority vote of the board of commissioners of Clinch County. Action affecting the salary of the chairman of the board shall be advertised in the legal organ of Clinch County prior to any consideration or vote by the board of commissioners of Clinch County. Changes in the salary of the chairman shall become effective immediately after being properly advertised and voted upon by a majority of the board of commissioners of Clinch County; provided, however, that if the chairman does not devote his entire time to the discharge of his duties as chairman of the board, then he shall receive only the salary provided herein for other members of the board.

TUESDAY, FEBRUARY 20, 1990

1363

(b) The other members of the board shall each receive an annual salary of not less than $2,100.00 and not more than $2,700.00, the exact amount to be determined by a majority vote of the board of commissioners."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen Y Athon Y Atkins Bailey Y Baker
Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B
Barnett,M y Bates y Beck
Benefield Benn Birdsong
Y Biehop Y Bostick
Branch
Y Breedlove Brooks
Y Brown Y Buck
Buford y Byrd
YCampbell Y Carrell Y Carter YChambless Y Chance Y Cheeks

Y Childers
Clark,B
Y Clark,H Clark,L Coleman
Y Colwell
Y Connell
Y Couch Crawford
Y Crosby Cumminga,B Cumminga,M
Y Davis,C Y Davis,G Y Davis,M YDixon,H Y Dixon,S y Dobbs
Y Dover Dunn Edwards
Y Ehrhart Y Felton Y Fennel
Floyd,J.M
Y Floyd,J.W Y Foster y Godbee
Goodwin YGreen Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Hanner

Y Harris
Y Hasty
YHeard Y Herbert Y Holcomb Y Holland Y Holmes YHooks
Y Howren Hudson
Y Irwin Y Isakson Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
Y Lsne,D Y Lsne,R Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong y Lord
Lucas Y Lupton y Mangum
YMartin Y McCoy
Y McDonald Y McKelvey

McKinney,B
Y McKinney,C
YMeadows Milam
Y Mobley YMoody
Y Morton Y Moultrie Y Mueller YOliver,C
Oliver,M YOrr Y Orrock Y Padgett
Y Pannell Parham Parrish Patten
Y Pettit Pinkston
y Poag
Porter
Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves Redding Richardson
Ricketson Robinson y Royal y Selman Y Simpson Sinkfield

Y Smith,L
Smith,P ESmith,T Y Smith,W
Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat Y Teper
YThomas,C YThomas,M
Thompson Thurmond YTitua Y Tolbert Y Townsend y Twiggs
Y Vaughan Waddle
Y Walker,C
Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams,B YWilliams,J Yates YYeargin 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.

HB 1887. By Representative Crosby of the 150th: A bill to amend an Act creating the office of commissioner of road and revenues in the County of Atkinson, so as to change the compensation of the chairman and members of the board of commissioners.
The following Committee substitute was read and adopted.
A BILL To amend an Act creating the office of commissioner of road and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved April 15, 1969

1364

JOURNAL OF THE HOUSE,

(Ga. L. 1969, p. 2723), so as to change the compensation of the chairman and members of the board of commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of commissioner of road and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved April 15, 1969 (Ga. L. 1969, p. 2723), is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. The members of the board shall each receive $250.00 per month as full compensation for their duties. The chairman of the board shall receive $600.00 per month as full compensation for his duties."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen Y Athon Y Atkins Balley Y Baker Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates y Beck
Benefield Benn Birdsong Y Bishop Y Bostick Branch Y Breedlove Brooks Y Brown Y Buck Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell
Y Couch 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
Dunn Edwards YEhrhart Y Felton Y Fennel Floyd,J.M Y Floyd,J.W Y Foster y Godbee Goodwin Y Green Y Greene Y Gresham Y Griffm Groover Y Harnllton Y Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kllgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson YLee
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 Mesdows
MHarn Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Parrish Patten Y Pettit Pinkston y Poag
Porter Y Poston Y Powell y Randall
YRansom YRay Y Reaves
Redding Richardson
Ricketaon Robinson y Royal y Selman
Y Simpaon Sinkfield

Y Smith,L
Smith,P E Smith,T YSmith,W
Smyre YSnow Y StancH,F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat Y Teper YThomas,C YThomas,M
Thompaon
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vanghan
Waddle Y Walker,C
Walker,L Y Wall
Ware Y Wataon Y Watts
White WHder Y Wnliams,B Y Wnliams,J Yates YYesrgin 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.

HB 1891.

By Representative Breedlove of the 60th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.

TUESDAY, FEBRUARY 20, 1990

1365

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen
Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister
Barfoot Y Bargeron Y Bamett,B
Bamett,M
Y Bates y Beck
Benefield
Benn Birdsong Y Bishop Y Bostick Branch Y Breedlove Brooks Y Brown
Y Buck Buford
YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Clark,L Coleman YColwell
Y Connell Y Couch
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
Dunn
Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W
Y Foster y Godbee
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
YHooks 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 YLane,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
Milam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOrr Y Orrock Y Padgett Y Pannell
Parham Parrish Patten Y Pettit
Pinkston YPoag
Porter Y Poston Y Powell y Randall
YRansom YRay Y Reaves
Redding Richardson Ricketson
Robinson y Royal
YSelman Y Simpson
Sinkfield

Y Smith,L
Smith,P E Smith,T Y Smith,W
Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele
Stephens Y Streat Y Teper
YTbomas,C YTbomas,M
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 Wilder
YWilliams,B Y Williams,J
Yates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1892.

By Representatives Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Connell of the 87th and Cheeks of the 89th:
A bill to amend an Act relating to the Civil Court of Richmond County, so as to change the maximum civil jurisdictional amount of the court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen Y Athon
Y Atkins Bailey
Y Baker Balkcom
Y Bannister Barfoot

Y Bargeron
Y Barnett,B Bamett,M
YBates Y Beck
Benefield Benn Birdsong Y Bishop Y Bostick Branch Y Breedlove Brooks

Y Brown Y Buck
Buford YByrd Y Campbell y Carrell Y Carter Y Chambless YChance Y Cheeks Y Childers
Clark,B Y Clark,H

Clark,L
Coleman Y Colwell Y Connell Y Couch
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
Dunn Edwards y Ehrhart Y Felton
Y Fennel Floyd,J.M
Y Floyd,J.W
Y Foster y Godbee
Goodwin

1366

JOURNAL OF THE HOUSE,

Y Green Y Greene
Y Gresham Y Griffm
Groover Y Hamilton Y Hanner Y Harris Y Hasty
YHeard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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 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 Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell
Parham Parrish Patten Y Pettit Pinkston YPoag
Porter Y Poston YPowell y Randall
Y Ransom

YRay YReaves
Redding
Richardson Ricketson Robinson y Royal y Selman
Y Simpson Sinkfield
Y Smith,L Smith,P
ESmith,T Y Smith,W
Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat Y Teper

Y Thomas,C YThomas,M
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 Wilder
Y Williams,B Y Williams,J
Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1897.

By Representative Smith of the 78th:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Lamar 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:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen
Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister
Barfoot Y Bargeron Y Bamett,B
Bamett,M YBates Y Beck
Benefield Benn
Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Brooks Y Brown Y Buck
Buford Y Byrd
Y Campbell Y Carrell Y Carter

YChambless
Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch Crawford Y Crosby Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M
Y Dixon,H YDi:r.on,S y Dobbs
Y Dover Dunn Edwards
Y Ehrhart Y Felton
Y Fennel Floyd,J.M
Y Floyd,J.W Y Foster
Y Godbee Goodwin
Y Green

Y Greene
Y Gresham Y Griffin
Groover Y Hamilton Y Hanner
YHarris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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
YLee 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 Morton Y Moultrie Y Mueller
Y Oliver,C Oliver,M
Y Orr
Y Orrock Y Padgett Y Pannell
Parham Parrish Patten Y Pettit Pinkston YPoag
Porter Y Poston Y Powell

y Randall
Y Ransom YRay
Y Reaves Redding Richardson
Ricketson Robinson y Royal y Selman
Y Simpson
Sinkfield YSmith,L
Smith,P ESmith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat Y Teper YThomas,C YThomas,M
Thompson Thurmond
Y Titus Y Tolbert Y Townsend y Twiggs

TUESDAY, FEBRUARY 20, 1990

1367

Y Vaughan
Waddle Y Walker,C

Walker,L Y Wall
Ware

Y Watson Y Watts
White

Wilder YWilliams,B Y Williams,J

Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1898. By Representative Carrell of the 65th: A bill to provide a new charter for the City of Good Hope.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen Y Athon Y Atkins Bailey Y Baker Balkcom Y Bannister Barfoot Y Bargeron Y Barnett,B Barnett,M Y Bates YBeck Benefield Benn Birdsong Y Bishop Y Bostick Branch
Y Breedlove Brooks
Y Brown Y Buck
Buford Y Byrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance
YCheeks

Y Childers
Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch Crawford Y Crosby
Cummings,B Cummings,M Y Davis,C Y Davis,G Y Davis,M
YDix.on,H Y Dixon,S Y Dobbs Y Dover
Dunn Edwards Y Ehrhart Y Felton Y Fennel Floyd,J.M Y Floyd,J.W
Y Foster y Godbee
Goodwin YGreen 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
Hudson Y Irwin Y Isakson
Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder Y Long 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell
Parham Parrish Patten
Y Pettit Pinkston
YPoag Porter
Y Poston Y Powell y Randall Y Ransom YRay Y Reaves
Redding Richardson
Ricketson Robinson y Royal
Y Selman Y Simpson
Sinkfield

Y Smith,L
Smith,P E Smith,T YSmith,W
Smyre YSnow Y Stsncil,F Y Stsncil,S Y Stanley Y Steele
Stephens Y Streat Y Teper YThomas,C YThomas,M
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
Wilder Y Williams,B YWilliams,J
Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1901. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to change the provisions relating to the expense allowance 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.

1368

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams
Y Aiken Y Alford
Allen Y Athon Y Atkins
Bailey
Y Baker Balkcom
Y Bannister Barfoot
Y Bargeron
Y Barnett,B Barnett,M
YBates y Beck
Benefield Benn Birdsong Y Bishop Y Boetick Branch Y Breedlove Brooks Y Brown
Y Buck Buford
YByrd
Y Campbell Y Carrell Y Carter Y Chambless YChance Y Cheeks

Y Childers
Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch Crawford Y Croaby Cumminga,B Cumminga,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S y Dobbs
Y Dover Dunn
Edwarde YEhrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Goodwin
YGreen Y Greene
Y Gresham Y Griffm
Groover Y Hamilton Y Harmer

YHarrie Y Haaty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson y Irwin
Y Isakson Y Jackeon,J Y Jackeon,W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong y Lord
Lucaa Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
YMeadows
Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller
Y Oliver,C Oliver,M
Y Orr Y Orrock Y Padgett Y Parmell
Parham Parrish Patten Y Pettit Pinkston YPoag Porter Y Poston YPowell y Randall
YRansom YRay Y Reaves
Redding Richardson Ricketson Robinson y Royal y Selman
Y Simpson
Sinkfield

Y Smith,L Smitb,P
E Smith,T
Y Smitb,W Smyre
YSnow Y Stancii,F Y Stancii,S Y Stanley Y Steele
Stephens Y Streat Y Teper YThomaa,C Y Thomaa,M
Thompson Thurmond Y Titus Y Tolbert Y Townsend y Twigge
Y Vanghan Waddle
Y Walker,C Walker,L
YWall Ware
Y Wataon Y Watte
White Wilder YWilliams,B Y Williams,J
Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1902.

By Representatives Clark of the 20th, Vaughan of the 20th, Aiken of the 21st, Howren of the 20th, Ehrhart of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain titles; to provide for a definition; to delete certain obsolete provisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen Y Athon Y Atkins B81ley
Y Baker Balkcom
Y Barmister Barfoot
Y Bargeron Y Barnett,B
Barnett,M

Y Bates y Beck
Benefield Benn Birdsong Y Bishop Y Boetick
Branch Y Breedlove
Brooks Y Brown Y Buck
Buford y Byrd
Y Campbell Y Carrell

Y Carter Y Chambless YChance Y Cheeks Y Childers
Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch Crawford Y Crosby Cumminga,B Cumminga,M

Y Davis,C
Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S y Dobbs Y Dover
Dunn
Edwarde YEhrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster y Godbee

Goodwin YGreen Y Greene Y Gresham
Y Griffm Groover
Y Hamilton Y Harmer YHarrie y Haaty
YHeard Y Herbert Y Holcomb
Y Holland Y Holmes YHooks

TUESDAY, FEBRUARY 20, 1990

1369

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 YLane,R Y Langford
Y Lawrence
Y Lawson YLee 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr

Y Orrock Y Padgett
Y Pannell
Parham Parrish Patten Y Pettit Pinkston y Poag
Porter Y Pooton Y Powell y Randall
Y Ransom YRay
YReaves Redding
Richardson Ricketson Robinson

YRoya) y Selman Y Simpson
Sinkfield Y Smith,L
Smith,P E Smith,T Y Smith,W
Smyre
YSnow Y Stancii,F Y Stancii,S Y Stanley Y Steele
Stephens Y Streat Y Teper YThomas,C YThomas,M
Thompson

Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Waddle
Y Walker,C Walker,L
Y Wall Ware
Y Watson Y Watta
White Wilder YWilliams,B Y Williams,J Yates YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1903.

By Representatives Clark of the 20th, Vaughan of the 20th, Aiken of the 21st, Howren of the 20th, Ehrhart of the 20th 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 roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen Y Athon Y Atkins Bailey
Y Baker Balkcom
Y Bannister Barfoot
Y Bargeron Y Barnett,B
Barnett,M Y Bates Y Beck
Benefield Benn Birdsong Y Bishop Y Bootick Branch Y Breedlove Brooks Y Brown Y Buck Buford Y Byrd Y Campbell
Y Carrell Y Carter Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch Crawford
Y Crosby Cummings,B Cum.mings,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
Floyd,J.M YFioyd,J.W Y Foster
Y Godbee Goodwin
Y Green Y Greene Y Gresham YGriffm
Groover Y Hamilton Y Hanner

Y Harris Y Hasty
YHeard 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 Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long
Y Lord Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows
Milam YMobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C Oliver,M
YOrr Y Orrock Y Padgett Y Pannell
Parham Parrish Patten Y Pettit Pinkston y Poag
Porter Y Pooton Y Powell y Randall
YRansom YRay
Y Reaves Redding Richardson Ricketson Robinson
y Royal y Selman
Y Simpson Sinkfield

Y Smith,L
Smith,P E Smith,T YSmith,W
Smyre YSnow Y Stancii,F
Y Stancii.S Y Stanley
Y Steele Stephens
Y Streat Y Teper
YThomas,C YThomas,M
Thompson Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Waddle
Y Walker,C Walker,L
Y Wall
Ware Y Watson Y Watta
White Wilder YWilliams,B Y Williams,J
Yates YYeargin
Murphy,Spkr

1370

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1905.

By Representative Stancil of the 66th:
A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the compensation and expenses of the chairman, vice-chairman, and members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron
Abernathy Y Adams Y Aiken Y Alford
Allen
Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates Y Beck
Benefield Benn Birdsong Y Bishop
Y Bostick Branch
Y Breedlove Brooks
Y Brown Y Buck
Buford Y Byrd
Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell
Y Couch 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
Dunn Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green
Y Greene Y Gresham YGriffin
Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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 Y Long Y Lord
Lucas Y Lupton YMangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell
Parham Parrish Patten Y Pettit Pinkston y Poag
Porter Y Poston Y Powell y Randall Y Ransom YRay Y Reaves
Redding Richardson
Ricketson Robinson y Royal
Y Selman Y Simpson
Sinkfield

Y Smith,L Smith,P
ESmith,T Y Smith,W
Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat Y Teper
Y Thomas,C Y Thomas,M
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 Wilder YWilliams,B Y Williams,J
Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1907. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd:
A bill to amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of Whitfield County and creating a board of commissioners of Whitfield County, so as to prohibit certain actions by the members of said board, the comptroller, and the county engineer.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 20, 1990

1371

Aaron Abernathy Y Adams Y Aiken Y Alford Allen
Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates Y Beck
Benefield Benn Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Brooks Y Brown Y Buck
Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch Crawford Y Crosby Cum.mings,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 Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Goodwin Y Green Y Greene Y Gresham Y Griffin Groover Y Hamilton Y Hanner

YHarris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes YHooks 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 YLee 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOrr Y Orrock Y Padgett Y Pannell
Parham Parrish
Patten Y Pettit
Pinkston YPoag
Porter Y Poston Y Powell y Randall Y Ransom YRay Y Reaves
Redding Richardson Ricketson Robinson y Royal y Selman
Y Simpson Sinkfield

Y Smith.L Smith,P
E Smith,T YSmith,W
Smyre
YSnow Y Stancil,F
Y Stancil.S Y Stanley
Y Steele Stephens
Y Streat Y Teper YThomas,C
YThomas,M Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vanghan
Waddle Y Walker,C
Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1908.

By Representatives Isakson of the 21st, Clark of the 20th, Gresham of the 21st, Wilder of the 21st, Aiken of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy
Y Adams Y Aiken Y Alford
Allen Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister
Barfoot Y Bargeron Y Bamett,B
Bamett,M Y Bates Y Beck
Benefield Benn

Birdsong Y Bishop
Y Bostick Branch
Y Breedlove Brooks
Y Brown Y Buck
Buford Y Byrd YCampbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H
Clark,L

Coleman Y Colwell Y Connell Y Couch
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 Dunn Edwards y Ehrhart
Y Felton Y Fennel

Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham Y Griff"m
Groover Y Hamilton Y Hanner YHarris Y 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 Jenkine
Y Johnson Y Jones Y Kilgore Y Kingston YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder y Long

1372

JOURNAL OF THE HOUSE,

y Lord
Lucas Y Lupton YMangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton
Y Moultrie

Y Mueller Y Oiiver,C
Oiiver,M
Y Orr Y Orrock Y Padgett Y Pannell
Parham Parrish Patten Y Pettit Pinketon YPoag Porter Y Poston YPowell

y Randall
Y Ranaom YRay
Y Reaves Redding Richardson Ricketson Robinson
y Royal
Y Selman Y Simpeon
Sinkfield Y Smith,L
Smith,P E Smith,T Y Smith,W

Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele
Stephens Y Streat Y Teper YThomas,C YThomas,M
Thompeon Thurmond Y Titus Y Tolbert Y Townsend

y Twiggs
Y Vaughan Waddle
Y Walker,C Walker,L
Y Wall Ware
Y Watson Y Watts
White Wilder YWilliama,B Y Williama,J Yatea Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1909.

By Representatives Isakson of the 21st, Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Wilder of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron
Abernathy Y Adams Y Aiken Y AHord
Allen Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Batea y Beck
Benefield
Benn Birdsong Y Bishop Y Bostick Branch Y Breedlove Brooke
Y Brown Y Buck
Buford Y Byrd Y Campbell Y Carrell Y Carter YChambless Y Chance Y Cheeke

Y Childers
Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch Crawford Y Crosby Cumminga,B Cumminga,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 Floyd,J.M
Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover YHamilton Y Hanner

YHarris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooke 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 YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord
Lucas Y Lupton y Mangum
YMartin Y McCoy
Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Parham Parrish Patten Y Pettit
Pinketon y Poag
Porter Y Poston Y Powell y Randall
YRanaom YRay
Y Reaves Redding Richardson Ricketson Robinson
y Royal y Selman
Y Simpeon Sinkfield

Y Smith,L
Smith,P ESmith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat Y Teper YThomas,C YThomas,M
Thompeon Thurmond Y Titus Y Tolbert
Y Townsend YTwigga
Y Vaughan Waddle
Y Walker,C Walker,L
Y Wall Ware
Y Watson Y Watts
White Wilder YWilliama,B Y Williama,J Yatea YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 20, 1990

1373

HB 1910.

By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd:
A bill to provide for continued insurance coverage for certain former members of the board of commissioners of Whitfield County, certain former county officers of Whitfield County, and certain spouses and eligible dependents thereof.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roil call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Allen Y Athon Y Atkins Bailey
Y Baker Balkcom
Y Bannister Barfoot
Y Bargeron Y Barnett,B
Barnett,M Y Bates YBeck
Benefield
Benn Birdsong
Y Bishop Y Bostick
Branch Y Breedlove
Brooks Y Brown
Y Buck Buford
YByrd Y Campbell Y Carrell Y Carter YChambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell
Y Couch Crawford
Y Crosby Cummings,B Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H YDixon,S y Dobbs
Y Dover Dunn Edwards
YEhrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Goodwin
Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Hanner

YHarris Y Hasty
Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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 YLane,D
Y Lane,R Y Langford
Y Lawrence Y Lawson Y Lee Y Linder y Long
YLord Lucas
Y Lupton y Mangum y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell
Parham Parrish
Patten Y Pettit
Pinkston y Poag
Porter
Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves Redding Richardson Ricketson Robinson
YRoyal y Selman Y Simpson
Sinkfield

Y Smith,L Smith,P
E Smith,T
YSmith,W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Stephens
Y Streat Y Teper YThomas,C YThomas,M
Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Waddle Y Walker,C
Walker,L YWall
Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J
Yates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 646. By Senator Johnson of the 47th:
A bill to amend an Act creating a new charter for the City of Hartwell, as amended, so as to change certain provisions relating to the expiration of a certain term of municipal office; to provide for the authority for this Act.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron
Abernathy Y Adams Y Aiken

Y Alford Allen
Y Athon Y Atkins

Bailey Y Baker
Balkcom Y Bannister

Barfoot Y Bargeron Y Bamett,B
Barnett,M

Y Bates y Beck
Benefield Benn

1374

JOURNAL OF THE HOUSE,

Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Brooks Y Brown Y Buck
Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch
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
Dunn Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
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 YHooks 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 Y Lee Y Linder y Long
Y Lord
Lucas Y Lupton Y Mangum
YMartin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie

Y Mueller Y Oliver,C
Oliver,M
YOrr Y Orrock Y Padgett
Y Pannell Parham Parrish
Patten Y Pettit
Pinkston y Poag
Porter Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves Redding
Richardson Ricketson
Robinson y Royal
Y Selman Y Simpson
Sinkfield Y Smith,L
Smith,P E Smith,T YSmith,W

Smyre YSnow
Y Stancil,F Y Stancil.S Y Stanley
Y Steele Stephens
Y Streat Y Teper YThomas,C YThomas,M
Thompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Waddle Y Walker,C
Walker,L YWall
Ware Y Watson
Y Watts White Wilder
Y Williams,B YWilliams,J
Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 128, 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 477. By Senators Olmstead of the 26th, Kidd of the 25th and Walker of the 43rd:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for sole legal custody, joint custody, joint physical custody, joint legal custody, and divided or alternate custody arrangements; to provide for definitions; to provide for independent psychological or medical evaluations.

SB 634. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates of the magistrate courts, so as to provide for Supreme Court of Georgia approval of the disciplining of magistrates.

SB 641. By Senators Garner of the 30th and Broun of the 46th:
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 clarify the authority of peace officers employed by universities, colleges, schools, railroads, public agencies, and public authorities, as well as officers of the state and political subdivisions, to apply for search warrants.

TUESDAY, FEBRUARY 20, 1990

1375

SB 671. By Senator Phillips of the 9th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certifying and classifying of professionals employed in public schools, so as to change the conditions under which the State Board of Education may grant teaching certificates to certain persons.

SB 706. By Senator Langford of the 35th:
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 authority of any municipal corporation in this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to authorize the mayor to execute certain contracts on behalf of such municipal corporation with public or private entities.

SB 715. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to eight the number of judges for the Cobb Judicial Circuit; to provide for the selection and term of such additional judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county comprising said circuit.

HB 273. By Representatives Thomas of the 69th, Cummings of the 17th and Simpson of the 70th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service; to provide conditions for an effective date and for automatic repeal.

HB 1274. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt powers of courts, so as to repeal the provisions relating to the inapplicability of "this Act" to certain employees; to amend Code Section 34-1-3 of the Official Code of Georgia Annotated, relating to discrimination against an employee for attending a judicial proceeding in response to a court order or process, so as to provide for the inapplicability of such Code section to certain employees.

HB 1349. By Representative Groover of the 99th:
A bill to amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a uniform statutory rule against perpetuities; to provide for a short title; to provide when a nonvested property interest or power of appointment is created.

1376

JOURNAL OF THE HOUSE,

HB 1539. By Representatives Royal of the 144th, Coleman of the 118th, Crosby of the 150th, Godbee of the llOth, Barnett of the lOth and others:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding the ad valorem taxation of property, so as to revise the definition of "fair market value" with respect to the valuation of standing timber for ad valorem tax purposes.

HB 1771.

By Representatives Watts of the 41st and Murphy of the 18th:
A bill to repeal the "Paulding County Water Authority Act," to abolish the Paulding County Water Authority.

HB 1772.

By Representative Watts of the 41st:
A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to expand the corporate limits of the city.

HB 1773.

By Representative Lord of the 107th:
A bill to amend an Act providing a new charter for the City of Wrightsville, so as to change the corporate limits of the city.

HB 1788.

By Representative Smith of the 78th:
A bill to amend an Act to make provisions for the Magistrate Court of Lamar County, so as to change the method of selection of the chief magistrate.

HB 1795.

By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change certain provisions relating to the compensation of the tax commissioner.

The Senate has agreed to the House substitute to the following Bill of the Senate:

SB 533. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House:

SR 332. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying the supplemental funding formula for regional development centers established by the Department of Community Affairs; to provide for an effective date.

TUESDAY, FEBRUARY 20, 1990

1377

SR 402. By Senators Peevy of the 48th and Deal of the 49th:
A resolution creating the Commission on Criminal Sanctions and Correctional Facilities; to provide an effective date.

HR 583. By Representatives Ray of the 98th and Walker of the 115th:
A resolution consenting to the annexation of certain state owned real property located in Peach County into the corporate limits of the City of Byron.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

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.

HB 1160. By Representative Watson of the 114th:
A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the authority.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 1212. By Representatives Thompson of the 20th, Walker of the 115th, Lee of the 72nd and Clark of the 20th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in public schools and regulation by the State Board of Education, so as to modify certain qualifications of certificated personnel needed in order to qualify for an exemption from the completion of an assessment to demonstrate satisfactory on-the-job performance.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 477. By Senators Olmstead of the 26th, Kidd of the 25th and Walker of the 43rd:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Al'inotated, relating to child custody proceedings, so as to provide for sole legal custody, joint custody, joint physical custody, joint legal custody, and divided or alternate custody arrangements; to provide for definitions; to provide for independent psychological or medical evaluations.
Referred to the Committee on Judiciary.

1378

JOURNAL OF THE HOUSE,

SB 634. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates of the magistrate courts, so as to provide for Supreme Court of Georgia approval of the disciplining of magistrates.
Referred to the Committee on Judiciary.

SB 641. By Senators Garner of the 30th and Broun of the 46th:
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 clarify the authority of peace officers employed by universities, colleges, schools, railroads, public agencies, and public authorities, as well as officers of the state and political subdivisions, to apply for search warrants.
Referred to the Committee on Public Safety.

SB 671. By Senator Phillips of the 9th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certifying and classifying of professionals employed in public schools, so as to change the conditions under which the State Board of Education may grant teaching certificates to certain persons.
Referred to the Committee on Education.

SB 706. By Senator Langford of the 35th:
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 authority of any municipal corporation in this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to authorize the mayor to execute certain contracts on behalf of such municipal corporation with public or private entities.
Referred to the Committee on State Planning & Community Affairs.

SB 715. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to eight the number of judges for the Cobb Judicial Circuit; to provide for the selection and term of such additional judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county comprising said circuit.
Referred to the Committee on Judiciary.

SR 332. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying the supplemental funding formula for regional development centers established by the Department of Community Affairs; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs.

TUESDAY, FEBRUARY 20, 1990

1379

SR 402. By Senators Peevy of the 48th and Deal of the 49th:
A resolution creating the Commission on Criminal Sanctions and Correctional Facilities; to provide an effective date.
Referred to the Committee on State Institutions & Property.

The Speaker Pro Tern assumed the Chair.

Representative Murphy of the 18th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates y Beck
Y Benefield Benn Birdsong
Y Bishop Y Bostick Y Branch N Breedlove Y Brooks Y Brown Y Buck N Buford Y Byrd Y Campbell Y Carrell Y Carter YChambless Y Chance Y Cheeks

Y Childers
Y Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch
Crawford Y Crosby
Cummings,B Cummings,M N Davis,C Y Davis,G Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart
Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee Y Goodwin Y Green
Y Greene N Gresham YGriffin Y Groover Y Hamilton Y Hanner

YHarris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks
Y Howren Hudson
y Irwin Y Isakson Y Jackson,J Y Jackson,W N Jamieson Y Jenkins
Johnson N Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence N Lawson YLee
Linder y Long
Lord Lucas Lupton y Mangum Y Martin Y McCoy Y McDonald YMcKelvey

McKinney,B McKinney,C
Y Meadows Milam
Y Mobley Y Moody
N Morton Y Moultrie N Mueller Y Oliver,C Y Oliver,M N Orr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Porter Y Poston Y Powell y Randall
YRansom YRsy
Y Reaves Y Redding
Y Richardson Ricketson
Y Robinson y Royal y Selman Y Simpson Y Sinkfield

NSmith,L Y Smith,P
ESmith,T Y Smith,W Y Smyre
YSnow Y Stancii,F Y Stancii,S Y Stauley
Steele Y Stephens Y Streat Y Teper YThomas,C
Thomas,M Thompson Thurmond Titus
Y Tolbert Townsend
y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L NWall
Ware Y Watson Y Watts y White
Wilder NWilliams,B Y Williams,J
Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 131, nays 13. The motion prevailed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on Motor Vehicles:

1380

JOURNAL OF THE HOUSE,

SB 531. By Senator Newbill of the 56th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the suspension, or revocation of drivers' licenses of persons who are convicted of unlawfully possessing or having under their control any controlled substance or marijuana.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on State Planning and Community Affairs - Local:

HB 1920. By Representatives Ehrhart of the 20th, Clark of the 20th, Wilder of the 21st, Thompson of the 20th, Gresham 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 number of assistant district attorneys and investigators to be appointed in said circuit and to change the compensation of the chief investigator and the investigators.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 639. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th, Cummings of the 17th, Parrish of the 109th and others:
A bill to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to provide that certain faculty and principal administrators of the University System of Georgia may elect to decline or withdraw membership in the teachers retirement system and become members of a retirement plan established by the Board of Regents of the University System of Georgia.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to provide that certain faculty and principal administrators of the University System of Georgia may elect to decline or withdraw membership in the teachers retirement system and become members of a retirement plan established by the Board of Regents of the University System of Georgia; to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions systems, so as to provide for an optional retirement plan for certain employees of the University System of Georgia; to provide for a short title; to provide for definitions; to provide for contributions to said optional retirement plan; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-3-68 to read as follows:

TUESDAY, FEBRUARY 20, 1990

1381

"47-3-68. (a) As used in this Code section, the term 'eligible university system

employee' means faculty and principal administrators employed by the University Sys-

tem of Georgia, as designated by regulations of the Board of Regents of the University

System of Georgia, who are:

,

(1) Employed on or after July 1, 1990, and are eligible for membership in the

retirement system provided for in this chapter as of the date of employment; or

(2) Members of the retirement system provided for in this chapter on July 1, 1990,

with less than ten years of creditable service on that date.

(b) Any other provisions of this chapter to the contrary notwithstanding, any eligible

university system employee may withdraw from or decline membership in the retirement

system provided for in this chapter and participate in the optional retirement plan pro-

vided for in Chapter 21 of this title as provided in this Code section.

(c) Members of the retirement system provided for in this chapter who are eligible

university system employees on July 1, 1990, shall have the option to withdraw from this

retirement system and participate in the optional retirement plan provided for in Chap-

ter 21 of this title. Any member exercising said option, which shall be irrevocable, shall

forfeit all rights under this retirement system except the right to receive a refund of

accumulated contributions pursuant to the provisions of Code Section 47-3-128, and it

is specifically provided that said Code Section 47-3-128 shall apply to any such with-

drawing member. The option provided for in this Code section shall be exercised by fil-

ing a written notification thereof with the board of trustees and with the employer by

not later than October 1, 1990. The failure to exercise the option by that date shall be

an irrevocable election to remain a member of this retirement system.

(d) Eligible university system employees employed on or after July 1, 1990, shall,

within 30 days immediately following the effective date of their employment, make an

irrevocable decision to be a member of this retirement system or participate in the

optional retirement plan provided for in Chapter 21 of this title. A written statement

of the decision shall be filed with the employer and with the board of trustees and shall

be effective from the date of employment. If an eligible university system employee fails

to file a statement of decision provided for in this subsection, such failure shall be an

irrevocable election to become a member of the retirement system provided for in this

chapter."

Section 2. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by adding at the end thereof a new Chapter 21 to read as follows:

"CHAPTER 21

47-21-1. This chapter shall be known and may be cited as the 'Regents Retirement Plan Act.'
47-21-2. As used in this chapter, the term: (1) 'Board of regents' means the Board of Regents of the University System of
Georgia. (2) 'Board of trustees' means the Board of Trustees of the Teachers Retirement
System of Georgia. (3) 'Earnable compensation' means the full rate of regular compensation payable
to a participating employee for the employee's normal working time and includes compensation paid to the employee by an employer from grants or contracts made by outside agencies with the employer.
(4) 'Participating employee' means an eligible university system employee, as defined in Code Section 47-3-68, who elects to participate in the retirement plan provided for in this chapter pursuant to the provisions of said Code Section 47-3-68. 47-21-3. (a) The board of regents is authorized to establish an optional retirement plan under which it may purchase annuity contracts, either fixed or variable, or a combination thereof, providing retirement and death benefits which shall become the property of participating employees of the University System of Georgia. (b) The board of regents shall provide for the administration and maintenance of the optional retirement plan authorized by this chapter.

1382

JOURNAL OF THE HOUSE,

(c) The board of regents shall designate at least two but no more than five companies from which contracts will be purchased. In making this designation, the board of regents shall consider the following:
(1) The nature and extent of the rights and benefits to be provided by the contracts for participating employees and their beneficiaries;
(2) The relation of the rights and benefits to the amount of the contributions to be made pursuant to the provisions of this chapter;
(3) The suitability of the rights and benefits to the needs and interests of participating employees and the University System of Georgia;
(4) The ability of the designated companies to provide the rights and benefits under such contracts; and
(5) The efficacy of the contracts in the recruitment and retention of faculty and principal administrators. 47-21-4. (a) Each participating employee shall contribute to the optional retirement plan an amount equal to 6 percent of the participating employee's earnable compensation. (b) The University System of Georgia shall contribute to the optional retirement plan on behalf of each participating employee an amount equal to 4 percent of the participating employee's earnable compensation. (c) The participating employee's contribution required by the provisions of subsection (a) of this Code section may be made by a reduction in earnable compensation or by an employer pickup pursuant to the authority of any applicable provisions of the United States Internal Revenue Code, as amended. The method of contribution provided for in this subsection shall be a privilege for the convenience of employees and no right of action shall accrue to the employee or any company designated to provide such optional retirement plan for errors, omissions, or decisions of any agent of the University System of Georgia regarding deductions under this subsection. (d) All contributions authorized or required by this Code section shall be paid to the designated companies for the benefit of each participating employee by the financial officer of the employing institution. 47-21-5. (a) In addition to the contributions specified in Code Section 47-21-4, the University System of Georgia shall remit to the Teachers Retirement System of Georgia the following payments:
(1) An amount equal to the accrued liability contribution determined by the board of trustees in accordance with the provisions of Code Section 47-3-48 that would have been made on behalf of participating employees if they had been members of the Teachers Retirement System of Georgia; and
(2) An amount, if any, equal to the increase in the normal contribution rate determined by the board of trustees in accordance with the provisions of paragraph (2) of Code Section 47-3-43 which results directly from participating employees ceasing to be or failing to become members of the Teachers Retirement System of Georgia. (b) The remittances provided for in subsection (a) of this Code section shall be made at the same time and in the same manner as those made on behalf of members of the Teachers Retirement System of Georgia. 47-21-6. No retirement, death, or other benefit shall be paid by the Teachers Retirement System of Georgia to or on behalf of a participating employee in the optional retirement plan. Benefits are payable to participating employees or their beneficiaries by the designated companies in accordance with the terms of the annuity contracts. 47-21-7. Annuity contracts issued under the optional retirement plan provided for in this chapter shall be treated under Code Section 33-38-2 in the same manner as contracts qualified under Section 403(b) of the United States Internal Revenue Code. 47-21-8. By not later than January 1, 1996, the state auditor shall have an actuarial study completed to determine what effect the optional retirement plan provided for in this chapter has had on the Teachers Retirement System of Georgia. The results of such study shall be reported to the General Assembly at the 1996 regular session."
Section 3. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official

TUESDAY, FEBRUARY 20, 1990

1383

Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
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
Allen Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Bamett,M .Y Bates
Y Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch 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
YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y-Greene
Gresham Y Griffin Y Groover
Hamilton Y Hanner

YHarris
Y Hasty
Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes YHooks 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 YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long YLord
Lucas Y Lupton
Mangum YMartin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie
Y Mueller Oliver,C Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell
YParham Y Parrish
Patten Y Pettit
Pinkston
YPoag Y Porter Y Poston Y Powell y Randall Y Ransom
Rsy Reaves y Redding Y Richardson Ricketson Y Robinson y Royal y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P ESmith,T YSmith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens
Y Streat Y Teper YThomas,C
YThomas,M YThompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C
Walker,L Y Wall YWare Y Watson Y Watts
White Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 639, by substitute, was ordered immediately transmitted to the Senate.

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.

HB 1646. By Representative Royal of the 144th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide that, in the returning, appraisal, and assessment of tangible property, standing timber shall be included as a part of the real estate and shall not constitute a separate stratum.

1384

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide that, in the returning, appraisal, and assessment of tangible property, standing timber shall be included as a part of the real estate and shall not constitute a separate stratum; 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 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, is amended by adding at its end a new Code Section 48-5-32 to read as follows:
"48-5-32. In the returning, appraisal, and assessment of tangible property, standing timber shall be included for all purposes as a part of the real property upon which it is located, and such standing timber shall not constitute a separate stratum of property."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams Y Aiken Y Alford
Allen Athon
Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
YCampbell Y Carrell Y Carter YChambless
YChance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch 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
Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin YGreen 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 YHooks Y Howren
Y Hudson Y Irwin Y Iaakaon Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder y Long
Y Lord Y Lucas
Y Lupton Mangum
y Martin
Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Oliver,C Y Oliver,M YOrr
Y Orrock Y Padgett Y Pannell YParharn Y Parrish
Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom Ray
Y Reaves y Redding
Y Richardson Y Ricketeon Y Robinson y Royal y Selman
Simpeon Y Sinkfield

Y Smith,L
Y Smith,P ESmith,T Y Smith,W Y Smyre Y Snow Y Stancii,F Y Stancii,S Y Stanley
Y Steele Y Stephens
Y Streat Y Teper YThomas,C Y Tbomas,M Y Tbompeon Y Thurmond
Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C
Walker,L Y Wall
Ware Y Wateon Y Watts
White Wilder YWilliams,B Y Williams,J Y Yates YYeargin Murphy,Spkr

TUESDAY, FEBRUARY 20, 1990

1385

On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1646, by substitute, was ordered immediately transmitted to the Senate.

HB 1654.

By Representative Reaves of the 147th:
A bill to amend Code Section 26-2-32 of the Official Code of Georgia Annotated, relating to honey and imitation honey labels, so as to change the penalty for mislabeling 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 Abernathy
Y Adams Aiken Alford Allen
Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates 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 Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cum.mings,M Y Davis,C Y Davis,G Y Davis,M Y Di:r.on,H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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 Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord 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 Morton Y Moultrie Y Mueller
Y Oliver,C Oliver,M
YOrr Orrock
Y Padgett
Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
YRanaom YRay Y Reaves
Redding
Y Richardson Ricketson
Y Robinson y Royal
Y Selman Y Simpson
Y Sinkfield

Y Smith,L Y Smith,P ESmith,T YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C Y Thomas,M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vangban Y Waddle Y Walker,C Y Walker,L YWall
Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Yates YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1612. By Representatives Godbee of the llOth, Coleman of the 118th and Royal of the 144th:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to authorize the state revenue commissioner to enter into certain cooperative agreements with other states with respect to the administration of such tax.

1386

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL

To amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to change certain definitions; to provide that the acceptance of a bond other than a bond executed by a surety shall be in the discretion of the state revenue commissioner; to provide circumstances under which the state revenue commissioner may accept irrevocable letters of credit in lieu of surety bonds or other bonds; to eliminate current provisions for quarterly and annual reports in lieu of monthly reports; to authorize the state revenue commissioner to establish by regulation the circumstances under which motor fuel distributors may file quarterly or annual reports rather than monthly reports; to eliminate refunds of motor fuel taxes paid on motor fuel for official use by persons employed by foreign governments; to provide for waiver by the state revenue commissioner of certain taxes incurred by persons operating in Georgia without a required motor fuel distributor's license and assess in lieu thereof certain administrative penalties; to authorize the state revenue commissioner to enter into certain cooperative agreements with other states with respect to the administration of such tax; to provide for the contents and effect of such agreements; to provide for powers, duties, and authority of the state revenue commissioner with respect to such agreements; to authorize the state revenue commissioner to establish by regulation the circumstances under which motor carriers may file annual rather than quarterly reports; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1 Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, is amended in paragraph (5) of Code Section 48-9-2, relating to definitions regarding the motor fuel tax, by striking "or" at the end of subparagraph (E), by striking the period at the end of subparagraph (F) and inserting in its place "; or", and by adding at the end thereof a new subparagraph to be designated subparagraph (G), to read as follows:
"(G) Imports motor fuel into this state for production, refining, preparation, distilling, manufacturing, blending, compounding, consumption, or use within this state."

Section 2. Said chapter is further amended by striking paragraph (6) of subsection

(c) of Code Section 48-9-4, relating to certain distributors' licenses, and inserting in its

place two new paragraphs, to be designated paragraphs (6) and (7), to read as follows:

"(6) In the discretion Qf the commissioner, !!! lieu of a bond executed by a surety,

tmy !! distributor may furnish his bond not so executed if the distributor concurrently

deposits and pledges with the commissioner direct obligations of the United States,

bonds guaranteed by the United States, bonds of this state, bonds of any public

authority created by the General Assembly, or bonds issued pursuant to Article 3 of

Chapter 82 of Title 36, in an amount equal to three times the full amount of the bond

or bonds otherwise required by this Code section.

.!1L___l!! lieu Qf !! surety bond Q!: !! bond under paragraph .{ill .Qf this subsection, .!!

distributor may, !!! the discretion Qf the commissioner, furnish an irrevocable letter Qf

credit. Such letter of credit shall be:
~) In an amount equal !Q three times the full amount Qf the surety bond 2!

surety bonds otherwise required Qy this Code section;



(B) Issued Qy!! financial institution approved Qy the commissioner; and

(C) Conditioned upon the timely filing Qf true reports and payments Qy the dis-

tributor !Q the commissioner Qf all motor fuel taxes together with all penalties and

interest imposed Qy this article and upon faithful compliance with all provisions Qf

this article."

Section 3. Said chapter is further amended by striking subsection (a) of Code Section 48-9-8, relating to distributors' tax reports, and inserting in its place a new subsection (a) to read as follows:

TUESDAY, FEBRUARY 20, 1990

1387

"(a) For the purpose of determining the amount of tax imposed by paragraph (1) of subsection (a) of Code Section 48-9-3, each distributor shall file with the commissioner by the twentieth day of each calendar month a report for the preceding month's activities. Itt the ease 6f distrilmters htwfflg a !J:Iiftlterly tffif 6f $1-W;OO 6i' less t6 repert, the eemmissiefter by llile may permit !J:Iiftlterly rep6rts t6 be filetl as l6ftg as the stftte!s iftterest ift the admiHistratieft ftftd eelleetieft 6f the tffif is ft6t harmeth Itt the ease 6f distrilmters htwfflg ftft ftftftliftl tffif 6f $1-W;OO 6i' less t6 repert, the eemmissieHer by llile may permit ftftftliftl rep6rts t6 be filetl as l6ftg as the state-'s :iftterest ffi the admiHistra tioo ftftd eelleetieft 6f the tffif is ft6t harmeth !Ffte rep6lt shall -be made mt furms "f}leseri-betl by the eemmissiefter, shall establish t6tal aeeelifttability f6f' the ffi6t6r fuel eevered by the repert, ftftd shall f)f6itie ftftY ether iHfermatieft reqttired by the eemmis-
simter; fu regulation, the commissioner ~ permit distributors having !! quarterly Q! annual tax not !!! excess Qf amounts set .Qy the commissioner !Q file quarterly Q! annual
reports."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 48-9-10, relating to motor fuel tax refunds, and inserting in its place a new subsection (a) to read as follows:
"(a) (1) Retail dealers; and persons using gasoline for agricultural purposes; ftftd fureigft ge~erftmeftts are entitled to a refund of motor fuel taxes as provided by this Code section. The right to receive any refund shall not be assignable and any assignment shall be void and of no effect. No payment shall be made by the commissioner to any person other than the original person entitled to the refund. To enable the commissioner to make the refunds as authorized by this Code section, the fiscal division, under warrants drawn by the Governor, shall remit to the commissioner from funds appropriated by law an amount equivalent to the refunds. Before the Governor issues a warrant for the funds, he shall require the commissioner to certify the name of each applicant and the amount to which each applicant is entitled.
(2) In order for any person to be eligible for the refund provided by this Code section, the person must obtain a refund permit issued by the commissioner. The permit application shall state the information required by the commissioner to establish the right of the person to obtain a refund. In order to receive the refund, the applicant shall file with the commissioner a claim as prescribed by the commissioner and shall attach invoices to show proof of purchase, payment of tax, and total accountability of the motor fuel handled, consumed, or sold. Invoices submitted for proof of purchase shall contain no alterations or corrections of the name or dates originally shown on the invoice. No invoice that bears a date falling within a period of time covered by a previously paid refund claim shall be accepted to support the refund claim."
Section 5. Said chapter is further amended by adding two new Code sections at the end of Article 1, relating to motor fuel tax, which provide for penalties and for cooperative motor fuel tax agreements, to be designated Code Section 48-9-18 and 48-9-19, respectively, to read as follows:
"48-9-18. If any person required by this article to hold an uncanceled distributor's license engages in business in this state as a distributor without such a license, thereby incurring a tax liability under this article which, but for the fact that such person was unlicensed, would not have been incurred, the commissioner may in his discretion waive such tax liability, including any applicable penalties and interest thereon, and assess in lieu thereof a penalty under this Code section. Such penalty shall be equal to 10 percent of the tax liability which, but for the fact that such person was unlicensed, would not have been incurred, but shall not be less than $100.00 for each monthly tax period involved. No taxes shall be waived under this Code section where the commissioner determines that such person failed to become properly licensed prior to operating as a distributor in this state, that such person knew or should have known of the requirement that he be licensed prior to so operating, and that such person failed to remit to the state such taxes under this article as are due from licensed distributors.
48-9-19. (a) The commissioner may enter into cooperative agreements with other states for exchange of information in administering the tax imposed by this article. No

1388

JOURNAL OF THE HOUSE,

agreement, arrangement, declaration, or amendment to an agreement shall be effective until stated in writing and approved by the commissioner.
(b) An agreement may provide for determining the base state for motor carriers; records requirements; audit procedures; exchange of information; persons eligible for tax licensing; defining qualified motor vehicles; determining if bonding is required; specifying reporting requirements and periods, including defining uniform penalty and interest rates for late reporting; determining methods for collecting and forwarding of gasoline or other motor fuel taxes and penalties to another jurisdiction; and such other provisions as will facilitate the administration of the agreement.
(c) The commissioner may, as required by the terms of an agreement, forward to officials of another state any information in the department's possession relative to the use of gasoline or other motor fuels by any motor carrier. The commissioner may disclose to officials of another state the location of offices, motor vehicles, and other real and personal property of motor carriers.
(d) An agreement may provide for each state to audit the records of motor carriers based in that state to determine if the gasoline or other motor fuel taxes due each state are properly reported and paid. Each state shall forward the findings of the audits performed on motor carriers based in that state to each state in which the motor carrier has taxable use of gasoline or other motor fuels. For motor carriers not based in this state who have taxable use of gasoline or other motor fuels in this state, the commissioner may utilize the audit findings received from another state as the basis upon which to propose assessments of gasoline or other motor fuel taxes against the motor carrier as though the audit had been conducted by the commissioner. Penalties and interest shall be assessed at the rates provided in the agreement.
(e) No agreement entered into pursuant to this Code section may preclude the department from auditing the records of any motor carrier covered by this chapter.
(f) Any assessment or order made under this Code section shall be governed by all provisions of this title applicable to assessments and orders under this chapter generally, except to the extent that different treatment is specifically required by this Code section or any agreement entered into pursuant to the authority of this Code section.
(g) If the commissioner enters into any agreement under the authority of this Code section and the provisions set forth in the agreement are in conflict with any provision of any rule or regulation promulgated by the commissioner, the provisions of such agreement shall prevail."
Section 6. Said chapter is further amended by striking Code Section 48-9-33, relating to reports by motor carriers, and inserting in its place a new Code Section 48-9-33, to read as follows:
"48-9-33. Every motor carrier subject to the road tax imposed by this article shall make to the commissioner on or before the last day of April, July, October, and January such reports of its operations during the quarter of the year ending on the last day of the preceding month as the commissioner requires. The commissioner !!!!!Y Qy regulation
permit motor carriers having an annual road tax not !.!! excess 2f an amount set Qy the
commissioner !Q file annual reports. The commissioner by regulation may exempt from the reporting requirements of this Code section motor carriers all of whose operations are within this state."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 20,1990

1389

Y Aaron Abernathy
Y Adams
Y Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B
Y Barnett,M Y Bates Y Beck Y Benefield Y Benn
Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B Clark,H
Y Clark,L Y Coleman Y Colwell
Connell Couch Y Crawford Crosby Y Cumminga,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,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Gresham Y Griffm Y Groover Y Hamilton Hanner

YHarris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R
Langford
Y Lawrence Y Lawson YLee Y Linder
Y 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 Morton Y Moultrie Y Mueller
Y Oliver,C Y Oliver,M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall YRansom
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 E Smith,T YSmith,W Y Smyre YSnow Y Stancil,F
Y Stancil.S Y Stanley
Y Steele Y Stephens
Y Streat Y Teper YThomas,C YThomas,M
YThompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L YWall
Ware
Y Watson Y Watta
White 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1647. By Representatives Davis of the 45th, Campbell of the 23rd, Thomas of the 69th, Simpson of the 70th, Morton of the 47th and others:
A bill to amend Code Section 9-13-161 of the Official Code of Georgia Annotated, relating to where and when sales under execution are held, so as to provide for a change in the date of sheriff's sales 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 Abernathy
Y Adams Aiken Alford Allen
Y Athon
Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M

Y Bates 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 YCampbell Y Carrell

Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman YColwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cumminga,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,J.M
Y Floyd,J.W Y Foster y Godbee

Y Goodwin Y Green Y Greene
Gresham Y Griffin N Groover Y Hamilton Y Hanner YHarris N Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

1390

JOURNAL OF THE HOUSE,

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 N Lawson
YLee Y Linder Y Long

Y Lord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C
Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr

Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten
Y Pettit Pinkston
YPoag Y Porter
Y Poston Y Powell 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 E Smith,T YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele
Stephens Y Streat Y Teper
Thomas,C YThomas,M YThompson

YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall
Ware Y Watson
Watts White Wilder Y Williams,B YWilliams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 153, nays 3. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1647 was ordered immediately transmitted to the Senate.

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.

SB 523. By Senator Johnson of the 47th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the requirements of application and consent of the insured with reference to personal insurance, so as to authorize certain privately owned corporations and trusts providing benefits to employees to effectuate insurance upon their employees without obtaining consent; 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 roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken
Alford Allen
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdaong Y Bishop Y Bostick

Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Clark,H Y Clark,L Y Coleman Y Colwell Connell Y Couch 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 Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffm

Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudaon Ylrwin
Iaakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingaton

Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long
YLord Lucas
Y Lupton
YMangurn YMartin Y McCoy
McDonald YMcKelvey
McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton

TUESDAY, FEBRUARY 20, 1990

1391

Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell Parham
Y Parrish Patten
Y Pettit Pinkston

Y Poag
Y Porter Y Poston
Y Powell y Randall Y Ransom YRay
Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal

YSelman YSimpson Y Sinkfield
Y Smith,L Y Smith,P ESmith,T YSmith,W
Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele

Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend y Twigga
Y Vaughan Y Waddle

Y Walker,C Walker,L
YWall Ware
Y Watson Watts White Wilder
Y Williams,B
Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1581. By Representatives Foster of the 6th and Griffin of the 6th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to provide that the sheriff of any county, regardless of population, may deposit cash bonds and cash reserves of professional bondsmen in interest-bearing accounts in one or more financial institutions designated as county depositories.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken
Alford Y Allen Y Athon
Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Bonn Y Birdsong Y Bishop
Y Bostick Y Branch
Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B
Y Clark,H Clark,L
Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cumminga,B
Cumminga,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H Y Di:r.on,S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson
Ylrwin Y lsakaon Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingaton YLane,D Y Lane,R
Langford
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
Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C YOliver,M
Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston YPoag Y Porter Y Poston YPowell 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 E Smith,T YSmith,W Y Smyre YSnow
Y Stancil,F Y Stancii,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
Thomas,C Y Thomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend N Twigga
Y Vaughan Y Waddle Y Walker,C
Walker,L YWall
Ware Y Watson
Watts White Wilder
YWilliams,B YWilliams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 149, nays 1. The Bill, having received the requisite constitutional majority, was passed.

1392

JOURNAL OF THE HOUSE,

HB 1624.

By Representatives Oliver of the 53rd, Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
A bill to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the reporting of abuse or exploitation of residents in long-term care facilities, so as to change the provisions relating to immunity from liability.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates
YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck
Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks

Y Childers Y Clark,B
Y Clark,H Y Clark,L Y Coleman YColwell
Connell Y Couch 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 YEhrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin
Y Green Y Greene
Gresham Y Griffm Y Groover Y Hamilton Y Hanner

Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland YHolmes Y Hooks Y Howren Y Hudson y Irwin Y Isakson Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins Y Johnson Y Jonea Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawaon YLee
Y Linder y Long
Y Lord Lucas
Y Lupton y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C YMeadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr y Orrock Y Padgett
Y Pannell YParham Y Parrish
Y Patten Pettit
Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall Y Ranaom YRay
Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Y Simpson
Y Sinkfield

Y Smith,L Y Smith,P E Smitb,T
Smith,W Smyre
YSnow Y Stancll,F Y Stancll,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson
Thurmond YTitus
Tolbert Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall
Ware Y Watson
Watts
White Wilder Y Williams,B Y Willisma,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1605.

By Representatives Stephens of the 68th, Buford of the 103rd and Pettit of the 19th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to the requirement of motor vehicle liability policies and coverage of claims against uninsured motorists, so as to provide that in cases of an unknown person operating a motor vehicle, physical contact shall not be required where a named defendant contends or testifies that such unknown person caused or contributed to the cause of the occurrence or in any case where there is a witness to the occurrence other than the claimant who testifies that such unknown person causes the occurrence.

The following substitute, offered by Representative Stephens of the 68th, was read and adopted:

TUESDAY, FEBRUARY 20, 1990

1393

A BILL
To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to the requirement of motor vehicle liability policies and coverage of claims against uninsured motorists, so as to provide that in cases of an unknown person operating a motor vehicle, physical contact shall not be required where a named defendant contends or testifies that such unknown person caused or contributed to the cause of the occurrence and in the trial of the case such contention or testimony is corroborated by an eyewitness; 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 33-7-11 of the Official Code of Georgia Annotated, relating to the requirement of motor vehicle liability policies and coverage of claims against uninsured motorists, is amended by striking paragraph (2) of subsection (b) of said Code section and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown. In those cases, recovery under the endorsement or provi-
sions shall be subject to the conditions set forth in subsections (c) through G) of this
Code section and, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured. Such physical contact shall not be required if the description by the claimant of how the occurrence occurred is corroborated by an eyewitness to the occurrence other than the claimant. Such physical contact shall not be required !!!_ I!!!Y action where !! named defendant contends Q! testifies that an unknown person operating !! motor vehicle caused or contributed to the cause of the occurrence and in the trial of the case such conteilti0n2! testimony ~corrobOrated_l!y .!!!!Y eyewitness !Qthe occurrence!'--
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Allen Y Athon YAtkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B YBamett,M Y Bates Y Beck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Brooks
Brown Y Buck

Y Buford y Byrd
YCampbell
Y Carrell Y Carter Y Chambless
YChance Y Cheeks Y Childers
Y Clark,B Y Clark,H Y Clark,L YColeman Y Colwell
Connell Y Couch 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
YEhrhart Y Felton Y Fennel Y Floyd,J.M YFloyd,J.W Y Foeter y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffm Y Groover Y Hamilton Y Hanner
YHarris Y Hasty
YHeard Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudson Y Irwin Y Ieakson

Y Jackson,J Y Jackson,W
Y Jamieson YJenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson
YLee Y Linder
YLong y Lord
Lucas Y Lupton y Mangum
y Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinoey,C YMeadows YMilam

Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
YOrr Y Orrock Y Padgett Y Pannell
YParham Y Parrish
Patten Pettit Pinkston y Poag
Y Porter Y Poeton Y Powell y Randall
Y Ransom YRay
Y Reaves y Redding
Y Richardson
Y Ricketson Y Robinson

1394

JOURNAL OF THE HOUSE,

y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P ESmith,T YSmith,W

Smyre
YSnow Y Stancil,F N Stancil,S Y Stanley Y Steele Y Stephens Y Streat

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 YWall
Ware Y Wataon

Watts
White Wilder Y Williarns,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Stancil of the 8th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1610.

By Representatives Walker of the 85th, Smyre of the 92nd, Padgett of the 86th, Holmes of the 28th and Brown of the 88th:
A bill to amend Article 12 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to small minority business development corporations, so as to provide that the minimum amount of capital with which a corporation shall commence business shall not be less that $50,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken
Alford Y Allen
Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch 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 Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham YGriffin
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
Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong Y Lord
Lucas Y Lupton YMangum Y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell YParham Y Parrish
Patten
Pettit Pinkston YPoag Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Reaves y Redding
Y Richardson
Y Ricketson Y Robinson y Royal y Selman
Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 153, nays 0.

Y Smith,L
Y Smith,P E Smith,T YSmith,W Y Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C YThomas,M Y Thompson YThurmond Y Titus
Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C
Walker,L Wall Ware Y Wataon Y Watts White
Wilder Y Williams,B YWilliams,J Y Yates YYeargin
Murphy,Spkr

TUESDAY, FEBRUARY 20, 1990

1395

The Bill, having received the requisite constitutional majority, was passed.

HR 847. By Representative Connell of the 87th:
A resolution to amend a resolution authorizing the conveyance of an estate for years or usufruct in certain real property to the Richmond County Board of Health, so as to restate the authorized purposes of such estate for years or usufruct.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey
Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B Y Barnett,M Y Bates 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 Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L
YColeman Colwell Connell
Couch Y Crawford Y Crosby Y Cumminga,B
Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Y Dixon,S y Dobha
Y Dover YDunn Y Edwards y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffm
Y Groover Hamilton Hanner

Y Harris Y Hasty YHeard Y Herbert YHolcomb Y Holland Y Holmes YHooks Y Howren
Hudson y Irwin
Y Isakson Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D YLane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong y Lord
Lucas Y Lupton y Mangum y Martin
Y McCoy McDonald
Y McKelvey

McKinney,B
Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOrr
Orrock Y Padgett YPannell YParham
Y Parrish Patten Pettit Pinkston
YPoag Y Porter Y Poston Y Powell y Randall
YRansom YRay
Reaves y Redding Y Richardson Y Ricketson
Y Robinson YRoyal y Selman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P E Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Y Stephens Y Streat Y Teper
Y Thomaa,C YThomaa,M YThompson
YThurmond Y Titus
Tolbert Y Townsend y Twiggs
Y Vanghan
Waddle Y Walker,C Y Walker,L Y Wall
Ware Y Watson
Y Watts White Wilder
Y WilliamsB Y Williams) Y Yates
YYeargin Murpby,Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1530. By Representatives Dover of the 11th, Twiggs of the 4th, Colwell of the 4th and Jamieson of the 11th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that first responder volunteer firefighters providing emergency medical services may be covered employees.

The following amendment was read and adopted:

1396

JOURNAL OF THE HOUSE,

The Committee on Industrial Relations moves to amend HB 1530 by striking from lines 3 and 4 of page 1 the following:
"first responder volunteer firefighters providing emergency medical services",
and inserting in lieu thereof the following:
"volunteers of an emergency management or civil defense organization, emergency medical service, or rescue organization and persons certified as medical first responders".
By striking on line 5 of page 1 "employees;" and inserting in lieu thereof the following:
"employees under certain conditions; to provide for construction;".
By striking from line 1 of page 2 the following:
"firemen and policemen",
and inserting in lieu thereof the following:
"firemen snd 1 policemen1 and personnel 2f emergency management Q! civil defense
agencies, emergency medical services, and rescue organizations".
By striking lines 7 through 24 of page 2 in their entirety and inserting in lieu thereof the following:
"included within such term any volunteer firefighter of any county or municipality of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters: !Fftere shaH al86 fie iaeltuietl witftift stteh temt i any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, but only for volunteer law enforcement services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel: i l!!!Y person who ~ !! volunteer member Q! worker Qf an emergency management Q! civil defense organization, emergency medical service, Q! rescue organization,
whether governmental Q! !!Qt 2f l!!!Y county Q! municipality 2f this state but only for volunteer services, which are not prohibited Q.y Code Section 38-3-36, rendered !2 such county Q! municipality and only !f the governing authority Qf the county Q! municipality
for which such services are rendered shall provide Q.y appropriate resolution for inclusion
2f such volunteer members Q! workers; and l!!!Y person certified Q.y the Department Qf Human Resources Q! the Composite State Board 2f Medical Examiners and registered with l!!!Y county Q! municipality 2f this state ~ !! medical first responder, but only for first responder services rendered !2 such county Q! municipality and only !f the govern!!!g authority 2f the county Q! municipality for which such services are rendered shall provide Q.y appropriate resolution for inclusion 2f such responders. The various elected".
By adding between lines 15 and 16 of page 3 the following:
"Section 2. Nothing in this Act shall be construed so as to repeal or modify any provision of Articles 1, 2, and 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, the 'Georgia Emergency Management Act of 1981,' as amended."
By redesignating Section 2 on line 16 of page 3 as 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:

TUESDAY, FEBRUARY 20, 1990

1397

Y Aaron Abernathy
Y Adams Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates y Beck
Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
YCampbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks

Y Childers
Y Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner

YHarria Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudson y Irwin
Y laakson 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 Y Lord
Lucas Y Lupton y Mangum
YMartin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody
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 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 ESmith,T Y Smith,W Y Smyre YSnow
Y Stancil,F Y Stancii,S Y Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C YThomas,M YThompson
YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder YWilliams,B
Williams,J Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 198. By Representatives Clark of the 13th, McKinney of the 35th, McKinney of the 40th, Bargeron of the 108th, Long of the 142nd and others:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to retirement allowances under the Georgia Legislative Retirement System, so as to change the provisions relating to the retirement allowance.

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 1630.

By Representatives Holland of the 136th, Poston of the 2nd, Fennel of the 155th, Baker of the 51st, Irwin of the 13th and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change a certain definition.

1398

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkina Y Bailey Y Baker Y Balkcom
Bannister
Y Barfoot Y Bargeron YBamett,B
Barnett,M
YBatea y Beck
Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Y Brooka YBrown Y Buck Y Buford y Byrd
Y Campbell
Y Carrell Y Carter Y Chambless
YChance Y Cheeka

Y Childers
Y Clark,B Y Clark,H
Clark,L Y Coleman Y Colwell
Connell
Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C
Y Davis,G Y Davis,M Y Di:r.on,H Y Dixon,S y Dobbe
Y Dover
YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty
YHeard Y Herbert
Y Holcomb Y Holland Y Holmes
YHooka Y Howren Y Hudson Ylrwin Y Isakaon Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins Y Johnaon Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord
Lucas Y Lupton y Mangum
Y Martin McCoy
Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell
YParham Y Parriah Y Patten
Pettit
Y Pinkston YPoag
Y Porter Y Poston YPowell y Randall
YRansom YRay Y Raaves
Redding Richardson Y Ricketaon Y Robinaon y Royal y Selman Y Simpaon Y Sinkfield

Y Smith,L
Y Smith,P YSmith,T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Stephens Y Streat Y Teper
YThomas,C YThomas,M Y Thompaon
Thurmond Y Titus Y Tolbert
Y Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C
Walker,L Y Wall
Ware Y Wataon Y Watts
White Wilder Y Williams,B Y Williams,J Y Yatea YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1516. By Representative Mangum of the 57th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to repeal Code Section 20-2-63, relating to failure to arrange for operation of schools.

The report of the Committee, which was favorable to the passage of 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 Allen Y Athon
Y Atkina Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot

Y Bargeron Y Barnett,B Y Bamett,M Y Batea Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooka

Y Brown YBuck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeka Y Childers Y Clark,B Y Clark,H

Y Clark,L
Y Coleman Y Colwell
Connell Y Couch Y Crawford
Crosby Y Cummings,B
Cummings,M
Davis,C Y Davis,G Y Davis,M Y Diion,H

Y Dixon,S y Dobbe
Y Dover YDunn Y Edwards y Ehrhart
Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin

TUESDAY, FEBRUARY 20, 1990

1399

Y Green Y Greene YGresham
Y Griffin Y Groover Y Hamilton Y Hanner
Y Harris YHasty 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 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell YParham
Parrish Y Patten
Pettit Y Pinkston y Poag
Y Porter Poston
Y Powell y Randall Y Ranaom

YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson y Royal
Selman Simpson
Y Sinkfield Y Smith,L YSmith,P Y Smith,T YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Y Streat Y Teper

Thomas,C YThomas,M YThompson
Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall
Ware Y Watson
Y Watts White Wilder
Y Williams.B Y Willi81DS,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1517.

By Representative Mangum of the 57th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to repeal Article 13 thereof, relating to suspending and reopening local school systems.

The report of the Committee, which was favorable to the passage of 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 Ad81DS Y Aiken
Alford Y Allen
Y Athon Y Atkins Y Bailey
Baker Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter

Y Chamblesa Y Chance
Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cumminga,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs
Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green

Y Greene Y Gresham Y Grifim
Groover Y Hamilton
Hanner YHarris Y Hasty Y Heard Y Herbert Y Holcomb
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
Langford Y Lawrence Y Lawson YLee 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 Morton Y Moultrie
Mueller Y Oliver,C YO!iver,M Y Orr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston y Poag
Y Porter Y Poston Y Powell

y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield
Y Smith,L Y Smith,P Y Smith,T
Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C Y Thomas,M
Thompson YThurmond Y Titus
Y Tolbert Y Townsend y Twiggs

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JOURNAL OF THE HOUSE,

Y Vaughan Y Waddle Y Walker,C

Walker,L YWall
Ware

Y Watson
Y Watts y White

Wilder
Y WilliamsB Y Williams)

Y Yatea y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Holland of the 136th 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 Senate were withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Rules:

SB 717. By Senators Olmstead of the 26th, Howard of the 42nd, Dean of the 31st and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority; to provide for a short title; to provide for definitions; to provide for the creation, composition, membership confirmation, terms of office, vacancies, officers, and expenses of the authority; to provide for perpetual existence.

SB 718. By Senators Olmstead of the 26th, Howard of the 42nd, Dean of the 31st and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority Overview Committee as a joint committee of the General Assembly; to provide for the membership, terms, officers, vacancies, powers, and duties of the committee; to provide for reviews and reports; to provide that the state auditor, the Attorney General, and all other agencies of state government shall assist the committee.

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 1518. By Representative Mangum of the 57th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to add a new Article 20, to be known as the "Education Partnership Act of 1990"; to provide for a short title and findings; to encourage certain partnerships with schools and school systems; to provide for work-release time; to provide for grants, regulations, and partnership plans; to provide for funding.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to add a new Article 20, to be known as the "Education Partnership Act of 1990"; to provide for a short title and findings; to

TUESDAY, FEBRUARY 20, 1990

1401

encourage certain partnerships with schools and school systems; to provide for workrelease time; to provide for grants, regulations, and partnership plans; to provide for funding; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking Article 20, the Code sections of which were stricken and reserved by an Act approved April 16, 1985 (Ga. L. 1985, p. 1657), and inserting in its place a new article to read as follows:
"ARTICLE 20
20-2-1030. This article shall be known and may be cited as the 'Education Partnership Act of 1990.'
20-2-1031. The General Assembly finds that: (1) Partnership activities between business, industry, civic, community based, and
governmental organizations and the public schools of the state are beneficial to the educational improvement of Georgia's students;
(2) These partnerships further promote better student achievement, higher selfesteem, closer community ties to the public schools, economic development, and a better educated work force for Georgia;
(3) The involvement of business, industry, civic, community based, and governmental organizations with the public schools is an essential element in the social and economic growth and development of the state;
(4) Individual volunteers have contributed thousands of hours of service to the students and public schools in Georgia; and
(5) State policy should encourage all citizens and organizations to become actively involved with the public schools in their community. 20-2-1032. (a) Business, industry, community based, and civic organizations are encouraged to form formal partnerships with the local public schools and school systems in their communities. (b) State and local government agencies are encouraged and authorized to form formal partnerships with the local public schools and school systems in their communities. Such agencies are authorized and encouraged to provide release time for their employees to work with the public schools in their communities. (c) Individuals, including students, are encouraged to contribute their time and talent through volunteering to assist Georgia's public school students and schools. 20-2-1033. (a) The State Board of Education, subject to appropriation by the General Assembly for this purpose, is authorized to provide matching grants to local school systems for the implementation, support, and expansion of education partnership activities. (b) The State Board of Education is authorized to formulate such rules and regulations as it deems necessary to implement this Code section. (c) Each local school system desiring to apply for such grants shall submit a local partnership plan to the State Board of Education containing such information as that board deems necessary to reflect adequately the needs and accomplishments of the local school system in its education partnership activities. Such plans shall contain as a minimum, but not restricted to, a budget for education partnership activities, the estimated value of the previous year's partnership activities, and the number of individuals, businesses, and other organizations involved with partnership activities. (d) Should state funds be inadequate to fund all local partnership plans, the State Board of Education shall increase the local matching requirements pro rata for each local school system applying for such grants."
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.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B YBamett,M
Y Bates Y Beck
Benefield
Y Benn Birdsong
Y Bishop
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck Y Buford Y Byrd YCampbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell
Connell
Y Couch Y Crawford Y Crosby Y Cummings,B
Cum.mings,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,J.M Y Floyd,J.W 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 YHooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Y Johnson Jones
Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long
YLord Lucas
Y Lupton y Mangum
Y Martin Y McCoy
McDonald YMcKelvey

McKinney,B Y McKinney,C Y Meadows
Milam
Y Mobley YMoody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock
Padgett Y Pannell YParbam Y Parrish Y Patten
Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Y Reaves Redding
Y Richardson Y Ricketson
Y Robinson y Royal
YSelman Simpson
Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T YSmith,W Y Smyre
Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Y Stephens Y Streat Y Teper
Thomas,C YThomas,M Y Thompson
YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vanghan Y Waddle Y Walker,C Y Walker,L Y Wall
Ware Y Watson
Y Watts y White
Wilder YWilliams,B Y Williams,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1568.

By Representatives Barnett of the 59th, Barnett of the lOth, Harris of the 84th, Holcomb of the 72nd, Parrish of the 109th and others:
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.

The following Committee substitute was read and adopted:

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," is amended by striking subparagraph (A) of

TUESDAY, FEBRUARY 20, 1990

1403

paragraph (6) of Code Section 43-47-2, relating to the definition of a used car dealer, in

its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows:

"(A) 'Used motor vehicle dealer' or 'used car dealer' means any person who, for com-

mission or with intent to make a profit or gain of money or other thing of value, sells,

exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or

exchange of an interest in used motor vehicles or who is engaged wholly or in part in

the business of selling used motor vehicles, whether or not such motor vehicles are
owned by such person. f! motor vehicle broker who, for commission Q! with intent !2

make !! profit Q! ~ Qf money Q! other thing Qf value, negotiates Q! attempts !2 negoti-

!!Ei ate the sale of a motor vehicle on behalf of another shall be deemed to be a used motor

vehicle dealer Q! !! used car dealer for the purposes Qf this chaptef:-

person who

knowingly allows the display Q! five Q! more used motor vehicles on his Q! her real P!QP:

~ within !!!!Y 12 month period Q.y other persons for the purpose Q! offering such used

motor vehicle for sale shall be deemed !! motor vehicle broker for the purposes Q! this

chapter. Provided, however, that banks, financial institutions, and credit unions shall be

exempt from this provision. Any independent motor vehicle leasing agency which sells

or offers for sale used motor vehicles shall be deemed to be a used motor vehicle dealer

or a used car dealer for the purposes of this chapter. Any motor vehicle auction com-

pany selling or offering for sale used motor vehicles to franchised 61' independent motor

vehicle dealers or to individual consumers shall be deemed to be used motor vehicle

dealers or used car dealers for the purposes of this chapter. The sale of five or more

used motor vehicles in any one calendar year shall be prima-facie evidence that a person

is engaged in the business of selling used motor vehicles.

(i) 'Retail used motor vehicle dealer' or 'retail used car dealer' means any used

motor vehicle dealer who is engaged in the business of selling used motor vehicles to

consumers and other licensed dealers.

(ii) 'Wholesale used motor vehicle dealer' or 'wholesale used car dealer' means any

used motor vehicle dealer who is engaged in the business of selling used motor vehi-

cles solely to other licensed dealers."

Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck
Y Benefield Y Benn
Birdsong Y Bishop Y Boatick Y Branch Y Breedlove
Brooks

Y Brown Y Buck
Buford YByrd
Y Campbell Carrell
Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman
Y Colwell Connell
Y Couch Y Crawford Y Croaby N Cummings,B Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H

Y Dixon.S y Dobbs
Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W N Foater Y Godbee Y Goodwin YGreen
Y Greene Y Gresham N Griffin Y Groover Y Hamilton
Hanner YHarris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland

Y Holmes
YHooks 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 Y Long
Y Lord Lucas
Y Lupton y Mangum

N Martin McCoy
McDonald Y McKelvey
McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Y Oliver,M Y Orr Y Orrock Y Padgett
Pannell YParham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter

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Y Poston Y Powell y Randall
YRansom YRay
Y Reaves y Redding
Richardson Y Ricketson Y Robinson

y Royal
YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T YSmith,W Y Smyre YSnow

Y Stancii,F
Y Stancii.S Y Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M
Thompson

Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall

YWare Y Watson Y Watta y White
YWilder Y Williams,B Y Williams,J Y Yatee YYeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Carrell of the 65th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1571.

By Representatives Barfoot of the 120th, Lane of the lllth, Reaves of the 147th, Oliver of the 121st, Moody of the 153rd and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Vidalia Sweet Onion as the official vegetable of this state.

An amendment, offered by Representative Redding of the 50th, was read and ruled not germane.

The report of the Committee, which was favorable to the passage of the 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 AdamB Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Baonister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Batee YBeck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Braoch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter

YChambleas
Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Colemao YColwell
Connell Y Couch Y Crawford Y Crosby Y Cumminga,B Y Cumminga,M Y Davis,C Y Davis,G
Y Davis,M
Y Dixon,H
Dixon,S Y Dobbs Y Dover YDunn
Y Edwards y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee Y Goodwin YGreen

Y Greene
Y Gresham Y Griffm Y Groover Y Hamilton Y Haoner
YHarris Y Hasty Y Heard
Herbert YHolcomb Y Hollaod Y Holmes YHooks Y Howren Y Hudson y Irwin
Y Isakson Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
Y Lane,D YLane,R Y Langford Y Lawrence
Y Lawson YLee Y Linder

y Long y Lord
Lucas Y Lupton
Maogum y Martin
Y McCoy McDonald
Y McKelvey McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr y Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston YPowell

Randall Y Ransom YRay YReaves
Redding Y Richardson Y Ricketson Y Robinson y Royal y Selman
Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith,T YSmith,W Y Smyre YSnow Y Stancii,F
Y Stancii.S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson YThurmond
Y Titus Y Tolbert Y Townsend y Twiggs

TUESDAY, FEBRUARY 20, 1990

1405

Y Vaughan Y Waddle Y Walker,C

Y Walker,L Y Wall YWare

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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 Speaker assumed the Chair.

HB 1906.

By Representatives Murphy of the 18th, Chambless of the 133rd, Lee of the 72nd, Walker of the I 15th and Connell of the 87th:
A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the selection and qualification of candidates, so as to provide for mandatory drug testing for persons seeking to qualify for nomination or election to certain state offices.

The following substitute, offered by Representative Cheeks of the 89th, was read and withdrawn:

A BILL
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that candidates for election to state office and certain state officials during their terms of office shall be required to be tested for illegal drugs; to provide for legislative intent; to define certain terms; to provide for administration by the Secretary of State; to require the Attorney General to perform certain duties; to provide for procedures; to provide for payment of the costs of such drug tests except with respect to a candidate who files a pauper's affidavit; to provide for implied consent to and agreement to take a drug test upon qualification for election to a state office; to provide for retesting; to provide for notification of the media of the results of such drug tests or in cases where the Secretary of State does not receive results from a candidate or state official; to prohibit candidates for election to a state office who test positive for illegal drugs but who are subsequently elected and state officials who test positive for illegal drugs after assuming office from receiving certain compensation; to prohibit public officials from paying certain compensation to state officials who have tested positive for illegal drugs; to provide exceptions with respect to candidates or state officials who are on certain medication or who incur medical emergencies and to provide procedures in connection therewith; to provide for hearings and appellate review; to provide for confidentiality of information relating to drug tests; to provide for rules and regulations; to provide a penalty; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding at the end of Chapter 11, relating to miscellaneous offenses concerning public officers and employees, a new Code Section 45-11-11 to read as follows:
"45-11-11. (a) The General Assembly finds that in the interest of the people of Georgia all candidates for elective office and all elected officials in this state should be tested for drugs.

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JOURNAL OF THE HOUSE,

(b) As used in this Code section, the term: (1) 'Candidate' means any person who qualifies for election to a state office in this
state. (2) 'Drug test' means the collection and testing of bodily fluids administered in a
manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations, 53, Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources.
(3) 'Illegal drugs' means any controlled substance included in Schedule I or II of Code Section 16-13-25 or 16-13-26 or marijuana as defined in paragraph (16) of Code Section 16-13-21.
(4) 'Sample' means urine, blood, saliva, or hair. (5) 'State office' includes the office of any of the following: the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, and members of the Public Service Commission. (6) 'State official' means a person who has been elected or appointed to and is serving in a state office. (c) Any person who qualifies for election to a state office shall, for the purposes of this Code section, be deemed to have given consent to and agreed to take a chemical test or tests of his urine, blood, saliva, or hair for the purpose of determining whether such person has used illegal drugs. (d) (1) Within 15 days prior to or following qualification for election to a state office or becoming an eligible write-in candidate, a candidate shall be required to submit to a test for illegal drugs conducted by a testing authority approved by the Department of Human Resources or approved pursuant to the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations, 53, Fed. Reg. 11979, et seq., as amended). The Department of Human Resources shall compile and make available a list of testing authorities approved to carry out the provisions of this Code section. (2) (A) Such a candidate or a state official shall have the opportunity to provide notification of any information which he considers relevant to the test, including identification of currently or recently used prescription or nonprescription drugs or other relevant medical information.
(B) Sample testing shall conform to scientifically accepted analytical methods and procedures. Testing shall include verification or confirmation of any positive test result by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method before the result of any test may be used as a basis for any action against an elected official. (3) Upon ascertaining the results of a drug test in which such candidate tested negative, indicating that the candidate has not used illegal drugs, the testing authority shall, by certified mail evidenced by return receipt, furnish to the candidate a copy of the results of such test. Except as otherwise provided in subparagraph (D) of paragraph (4) of this subsection, such candidate shall file a copy of the results of such test with his qualification fee or pauper's affidavit or send a copy of the results of such test to the Secretary of State. Copies of the results of drug tests of candidates collected by local election officials or county political parties shall be forwarded to the Secretary of State within ten days following receipt thereof. The Secretary of State shall make the results of such tests available to the legal organ of the county of the candidate's residence and any other representatives of the media upon request. (4) (A) If such candidate tests positive for an illegal drug which is a drug or component of a drug for which such candidate has a valid prescription and such candidate does not test positive with respect to any other illegal drug, such candidate shall be deemed to have tested negative.
(B) Except as provided in subparagraph (A) of this paragraph, if such candidate tests positive on such test indicating that such candidate has used an illegal drug,

TUESDAY, FEBRUARY 20, 1990

1407

the testing authority shall notify such candidate by certified mail evidenced by return receipt or orally pursuant to the directions of the candidate and shall, upon the expiration of seven days, also notify the Secretary of State by certified mail evidenced by return receipt of the results of such test. Such a candidate may elect to submit within seven days from the date of receipt of the test results a second sample to the same testing authority or to another approved testing authority. If a second sample is submitted, the testing authority shall report the results thereof by certified mail evidenced by return receipt to such candidate and the Secretary of State. If such candidate fails to submit a second sample or if the Secretary of State receives from the testing authorities two verified or confirmed positive drug test results from the samples submitted, the Secretary of State shall:
(i) Notify in writing the legal organ of the county of residence of such candidate and any other representatives of the media upon request of the name of any candidate who has tested positive for illegal drugs; and
(ii) Notify in writing the appropriate state authority or official that such candidate has tested positive for illegal drugs for the purpose of compliance with sub-
section (0 of this Code section.
(C) If such candidate tests positive on an initial test but negative on the second test taken within the period authorized in subparagraph (B) of this paragraph, such candidate may forward a copy of the results of the second test to the Secretary of State which shall be made public and it shall be unlawful for the Secretary of State to open or make public the results of the initial test.
(D) A candidate for the office of Secretary of State and a testing authority conducting a drug test on a candidate for the office of Secretary of State shall submit the results of such tests to the Attorney General. With respect to candidates for the office of Secretary of State, the Attorney General shall have the same duties as the Secretary of State pursuant to the provisions of this subsection.
(E) The provisions of this paragraph shall apply with respect to special elections held to fill a vacancy occurring in a state office, provided that a candidate shall be required to submit to a test for illegal drugs within 15 days prior to or following qualification for elective office.
(F) If a candidate for election to a state office fails to submit to a test for illegal drugs or if the Secretary of State does not receive any results of such a drug test concerning any candidate as required in this subsection, the Secretary of State shall notify in writing the legal organ of the county of residence of such a candidate and any other representatives of the media upon request of the name of such candidate from whom results of a test for illegal drugs were not received. (e) Each state official during every year of his term of office, except a year in which a general election for such office is being held, shall be required to submit to a test for illegal drugs within seven days following notification of such requirement from the Secretary of State by certified mail evidenced by return receipt; provided, however, that the person holding the office of Secretary of State shall be required to submit to a test for illegal drugs within seven days following notification of such requirement from the Attorney General by certified mail evidenced by return receipt. The same duties and procedures provided for in subsection (d) of this Code section with respect to candidates shall be followed and complied with in their entirety. The provisions of subparagraph (d)(4)(A) of this Code section shall apply with respect to state officials being tested for illegal drugs. Notwithstanding the provisions of this subsection, a state official shall be subject to the provisions of subsection (d) of this Code section upon qualifying for reelection or election to a state office. (f) (1) Notwithstanding any other provisions of law, a candidate who refuses to take a drug test as required in this Code section or who has tested positive for illegal drugs and has been reported to the media as provided in paragraph (4) of subsection (d) of this Code section and who is elected to the office for which the candidate offers and any state official who has tested positive for illegal drugs and has been reported to the media after being elected or appointed to a state office pursuant to subsection (e) of this Code section shall not be entitled to any salary, compensation, per diem,

1408

JOURNAL OF THE HOUSE,

or expenses otherwise provided by law for carrying out the duties of such state office for a period of 12 months following the date of receipt of written notification of such drug test results. Any public officer responsible for providing any salary or compensation in the form of a check, voucher, or otherwise to such a state official shall be prohibited from paying to such state official who has tested positive for illegal drugs any salary or other compensation for a period of 12 months from the date of notification as provided in division (d)(l)(B)(ii) of this Code section. The Attorney General shall enforce the provisions of this Code section.
(2) A candidate or state official who was unable to be tested for illegal drugs within the time periods provided in this Code section as a result of a medical emergency shall be permitted to submit to a drug test at a time designated by the Secretary of State after the expiration of such medical emergency and shall, upon testing negative, not be denied any salary, compensation, per diem, or expenses as otherwise provided in paragraph (1) of this subsection; provided, however, that such candidate or state official shall also be governed by the provisions of subsection (d) of this Code section. The Secretary of State shall make a determination as to whether a medical emergency exists or existed at a hearing called for such purpose and such decision may be appealed to the superior court of the county where the office of the Secretary of State is located. (g) Information concerning the results of any drug tests conducted pursuant to this Code section shall remain strictly confidential except as otherwise provided in this Code section. (h) The cost of any test for illegal drugs shall be paid by the person who is a candidate for election to state office or who is a state official, except a candidate who has filed a pauper's affidavit shall be authorized to secure such testing for illegal drugs at no cost. (i) Any person violating the provisions of this Code section shall be guilty of a misdemeanor. (j) The Secretary of State shall be authorized to promulgate rules and regulations to carry out the provisions 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 and shall apply to any person who becomes a candidate for election to state office after the effective date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Murphy of the 18th, was read:

A BILL
To amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the selection and qualification of candidates, so as to provide for mandatory drug testing for candidates seeking to qualify for nomination or election to certain state offices; to provide for definitions; to provide for certification of such testing as a condition of qualification for nomination or election to state office; to provide for payment of testing costs; to provide for filing, maintenance, and inspection of such certifications; to provide for powers, duties, and authority of the Secretary of State and the commissioner of human resources with respect to the foregoing; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the selection and qualification of candidates, is amended by adding at the end thereof a new Code section providing for mandatory drug testing of persons seeking to qualify for nomination or election to state office, to be designated Code Section 21-2-140, to read as follows:

TUESDAY, FEBRUARY 20, 1990

1409

"21-2-140. (a) As used in this Code section, the term: (I) 'Candidate' means any person seeking to qualify for nomination or election to
a state office in this state. (2) 'Established drug test' means the collection and testing of bodily fluids admin-
istered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations, 53, Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources.
(3) 'Illegal drug' means marijuana or any controlled substance included in Schedule I or II of Code Section 16-13-25 or 16-13-26 but not when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law.
(4) 'State office' includes the office of any of the following: the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, members of the General Assembly, and members of the Public Service Commission. (b) Each candidate seeking to qualify for nomination or election to a state office shall as a condition of such qualification be required to certify that such candidate has tested negative for illegal drugs. (c) At the time a candidate for state office qualifies for nomination or election, each such candidate shall file a certificate with the officer with whom such candidate qualifies stating that such candidate has been tested for illegal drugs as required under this Code section within 30 days prior to qualifying for nomination or election to state office and that the results of such test are negative. Such certificate shall be in a form approved by the Secretary of State from a laboratory listed by the commissioner of human resources under subsection (e) of this Code section. Such tests shall be conducted at the expense of the candidates; provided, however, that upon submission of a valid pauper's affidavit and a valid receipt, a candidate shall be reimbursed by the Secretary of State for the cost of such test in an amount not to exceed $25.00. No candidate shall be allowed to qualify for nomination or election to a state office unless he or she presents such certificate for filing at the time of such qualification. (d) The certificates required under subsection (c) of this Code section shall be filed with the Secretary of State and shall be available for public inspection. If a candidate qualifies with a political party for nomination or election to a state office, such party shall submit all such certifications to the Secretary of State at such time as such candidates are certified by the party to the Secretary of State. Such certificates shall be maintained by the Secretary of State for a period of three years. (e) The commissioner of human resources shall be authorized to establish guidelines governing the administration of drug tests performed pursuant to this Code section and shall maintain a list of those laboratories qualified to conduct established drug tests; provided, however, that no laboratory shall be so certified unless that laboratory, on a daily basis, adds blind test samples to its testing program equal to or greater than 10 percent of the total number of such tests conducted by such laboratory. (0 The commissioner of human resources and the Secretary of State shall be authorized to promulgate rules and regulations to carry out the provisions of this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Allen of the 127th moves to amend the Floor substitute to HB 1906 as follows:

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JOURNAL OF THE HOUSE,

By deleting the word state on page 1 line 6 and 8, page 2 lines 2, line 28 and line 32 and page 3 line 4.
And adding public or appointed.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
N Adams Y Aiken
Alford Y Allen
Athon Y Atkins N Bailey N Baker N Balkcom Y Bannister N Barfoot N Bargeron N Barnett,B Y Barnett,M
Bates
Berk N Benefield
Benn Y Birdsong N Bishop N Bostick N Branch N Breedlove Y Brooks Y Brown N Buck N Buford N Byrd N Campbell N Carrell
Y Carter N Chambless N Chance Y Cheeks

N Childers N Clark,B
N Clark,H N Clark,L N Coleman
Colwell N Connell Y Couch
N Crawford N Crosby N Cummings,B N Cummings,M
Y Davis,C Y Davis,G
Y Davis,M N Dixon,H N Dixon,S N Dnbhs N Dover NDunn N Edwards Y Ehrhart N Felton N Fennel N Floyd,J.M N Floyd,J.W
N Foster y Godbee
N Goodwin N Green N Greene N Gresham N Griffin N Groover
Y Hamilton N Hanner

N Harris N Hasty
N Heard N Herbert N Holcomb N Holland N Holmes
NHooks Y Howren
N Hudson N Irwin
Iaakson N Jackson,J N Jackson,W
N Jamieson N Jenkins Y Johnson N Jones N Kilgore Y Kingston
NLane,D N Lane,R N Langford N Lawrence N Lawson
NLee Y Linder
Long N Lord N Lucas Y Lupton
Mangum N Martin N McCoy N McDonald N McKelvey

Y McKinney,B
Y McKinney,C N Meadows
Milam N Mobley N Moody Y Morton N Moultrie
Y Mueller N Oliver,C N Oliver,M Y Orr N Orrock N Padgett Y Pannell NParham N Parrish
Patten Y Pettit N Pinkston N Pnag N Porter N Poston Y Powell N Randall N Ranaom NRay N Reaves y Redding
N Richardson N Ricketson N Robinson
N Royal Selman
N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 45, nays 120. The amendment was lost.

N Smith,L N Smith,P N Smitb,T N Smith,W N Smyre NSnow N Stancil,F N Stanci~S Y Stanley N Steele N Stephens
N Streat N Teper NThomas,C YTbomas,M YThompson
Thurmond N Titus Y Tolbert YTownsend
Twiggs Y Vaughan N Waddle N Walker,C N Walker,L Y Wall NWare N Watson N Watts Y White Y Wilder NWilliams,B
YWilliams,J Y Yates N Yeargin
Murpby,Spkr

Representative Pettit of the 19th 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 and adopted:

Representative Lawson of the 9th moves to amend the Floor substitute to HB 1906 as follows:
On page 2, line 24 by inserting the words "district attorneys," between the words "courts," and "members".

The following amendment was read:

Representative McKinney of the 35th moves to amend the Floor substitute to HB 1906 as follows:
Insert following "state" on page 1, line 6, the words "county, municipal and school board.

TUESDAY, FEBRUARY 20, 1990

1411

And every place thereafter.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron Y Abernathy N Adams Y Aiken
Alford Y Allen
Athon Y Atkins N Bailey N Baker
N Balkcom Y Bannister
N Barfoot N Bargeron N Bamett,B Y Barnett,M
Batea Beck N Benefield NBenn N Birdsong Bishop
N Bostick N Branch Y Breedlove Y Brooks Y Brown N Buck N Buford N Byrd N Campbell
N Carrell N Carter N Chambless N Chance Y Cheeks

N Childers
N Clark,B Y Clark,H N Clark,L
NColeman Colwell
N Connell NCouch N Crawford N Crosby
N Cummings,B N Cummings,M Y Davis,C Y Davis,G Y Davis,M
N Dixon,H N Dixon,S N Dobbs N Dover NDunn
N Edwarda Y Ebrbart N Felton N Fennel N Floyd,J.M N Floyd,J.W
N Foster N Godbee y Goodwin
N Green N Greene N Gresham N Griffin N Groover
Y Hamilton N Hanner

NHarris N Hasty N Heard N Herbert
N Holcomb N Holland N Holmes N Hooks N Howren
N Hudaon N Irwin
laakson N Jackaon,J N Jackaon,W N Jamieson Y Jenkins
Y Johnson NJones N Kilgore Y Kingston
N Lane,D N Lane,R N Langford Y Lawrence
Lawson NLee Y Linder
Long
NLord N Lucas Y Lupton
Mangum N Martin N McCoy
N McDonald N McKelvey

Y McKinney,B
Y McKinney,C N Meadows N Milam N Mobley NMoody Y Morton N Moultrie Y Mueller NOliver,C
NOiiver,M
Y Orr N Orrock N Padgett YPannell NParham N Parrish
Patten Y Pettit N Pinkston NPoag N Porter
N Poston YPowell N Randall N Ransom YRay
N Reaves y Redding
N Ricbardaon N Ricketson N Robinaon N Royal
Selman N Simpeon Y Sinkfield

On the adoption of the amendment, the ayes were 46, nays 117. The amendment was lost.

N Smith,L N Smith,P N Smith,T N Smith,W
Smyre NSnow N Stancii,F Y Stancii,S
Stanley N Steele N Stephens N Streat N Teper N Tbomas,C YTbomas,M YTbompeon
Thurmond N Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
N Waddle N Walker,C N Walker,L Y Wall
NWare N Watson N Watts y White
Y Wilder Y Williams,B Y Williama,J Y Yatea NYeargin
Murphy,Spkr

Representative Pettit of the 19th 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 Cheeks of the 89th moves to amend the Floor substitute to HB 1906 by striking from the title lines 4 through 15, which read as follows:
"of candidates, so as to provide for mandatory drug testing for candidates seeking to qualify for nomination or election to certain state offices; to provide for definitions; to provide for certification of such testing as a condition of qualification for nomination or election to state office; to provide for payment of testing costs; to provide for filing, maintenance, and inspection of such certifications; to provide for powers, duties, and authority of the Secretary of State and the commissioner of human resources with respect to the foregoing; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.",
and inserting in lieu thereof the following:
"of candidates, so as to provide that candidates for election to state office and certain state officials during their terms of office shall be required to be tested for illegal drugs;

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JOURNAL OF THE HOUSE,

to provide for legislative intent; to define certain terms; to provide for administration by the Secretary of State; to require the Attorney General to perform certain duties; to provide for procedures; to provide for payment of the costs of such drug tests except with respect to a candidate who files a pauper's affidavit; to provide for implied consent to and agreement to take a drug test upon qualification for election to a state office; to provide for retesting; to provide for notification of the media of the results of such drug tests or in cases where the Secretary of State does not receive results from a candidate or state official; to prohibit candidates for election to a state office who test positive for illegal drugs but who are subsequently elected and state officials who test positive for illegal drugs after assuming office from receiving certain compensation; to prohibit public officials from paying certain compensation to state officials who have tested positive for illegal drugs; to provide exceptions with respect to candidates or state officials who are on certain medication or who incur medical emergencies and to provide procedures in connection therewith; to provide for hearings and appellate review; to provide for confidentiality of information relating to drug tests; to provide for rules and regulations; to provide a penalty; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes."
By striking lines 27 through 34 on page 2, lines 1 through 34 on page 3, and lines 1 through 7 on page 4 and inserting in lieu thereof the following:
"(b) The General Assembly finds that in the interest of the people of Georgia all candidates for elective office and all elected officials in this state should be tested for drugs.
(c) Any person who qualifies for election to a state office shall, for the purposes of this Code section, be deemed to have given consent to and agreed to take a chemical test or tests of his urine, blood, saliva, or hair for the purpose of determining whether such person has used illegal drugs.
(d) (1) Within 15 days prior to or following qualification for election to a state office or becoming an eligible write-in candidate, a candidate shall be required to submit to a test for illegal drugs conducted by a testing authority approved by the Department of Human Resources or approved pursuant to the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations, 53, Fed. Reg. 11979, et seq., as amended). The Department of Human Resources shall compile and make available a list of testing authorities approved to carry out the provisions of this Code section.
(2) (A) Such a candidate or a state official shall have the opportunity to provide notification of any information which he considers relevant to the test, including identification of currently or recently used prescription or nonprescription drugs or other relevant medical information.
(B) Sample testing shall conform to scientifically accepted analytical methods and procedures. Testing shall include verification or confirmation of any positive test result by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method before the result of any test may be used as a basis for any action against an elected official.
(3) Upon ascertaining the results of a drug test in which such candidate tested negative, indicating that the candidate has not used illegal drugs, the testing authority shall, by certified mail evidenced by return receipt, furnish to the candidate a copy of the results of such test. Except as otherwise provided in subparagraph (D) of paragraph (4) of this subsection, such candidate shall file a copy of the results of such test with his qualification fee or pauper's affidavit or send a copy of the results of such test to the Secretary of State. Copies of the results of drug tests of candidates collected by local election officials or county political parties shall be forwarded to the Secretary of State within ten days following receipt thereof. The Secretary of State

TUESDAY, FEBRUARY 20,1990

1413

shall make the results of such tests available to the legal organ of the county of the candidate's residence and any other representatives of the media upon request.
(4) (A) If such candidate tests positive for an illegal drug which is a drug or component of a drug for which such candidate has a valid prescription and such candidate does not test positive with respect to any other illegal drug, such candidate shall be deemed to have tested negative.
(B) Except as provided in subparagraph (A) of this paragraph, if such candidate tests positive on such test indicating that such candidate has used an illegal drug, the testing authority shall notify such candidate by certified mail evidenced by return receipt or orally pursuant to the directions of the candidate and shall, upon the expiration of seven days, also notify the Secretary of State by certified mail evidenced by return receipt of the results of such test. Such a candidate may elect to submit within seven days from the date of receipt of the test results a second sample to the same testing authority or to another approved testing authority. If a second sample is submitted, the testing authority shall report the results thereof by certified mail evidenced by return receipt to such candidate and the Secretary of State. If such candidate fails to submit a second sample or if the Secretary of State receives from the testing authorities two verified or confirmed positive drug test results from the samples submitted, the Secretary of State shall:
(i) Notify in writing the legal organ of the county of residence of such candidate and any other representatives of the media upon request of the name of any candidate who has tested positive for illegal drugs; and
(ii) Notify in writing the appropriate state authority or official that such candidate has tested positive for illegal drugs for the purpose of compliance with subsection (f) of this Code section.
(C) If such candidate tests positive on an initial test but negative on the second test taken within the period authorized in subparagraph (B) of this paragraph, such candidate may forward a copy of the results of the second test to the Secretary of State which shall be made public and it shall be unlawful for the Secretary of State to open or make public the results of the initial test.
(D) A candidate for the office of Secretary of State and a testing authority conducting a drug test on a candidate for the office of Secretary of State shall submit the results of such tests to the Attorney General. With respect to candidates for the office of Secretary of State, the Attorney General shall have the same duties as the Secretary of State pursuant to the provisions of this subsection.
(E) The provisions of this paragraph shall apply with respect to special elections held to fill a vacancy occurring in a state office, provided that a candidate shall be required to submit to a test for illegal drugs within 15 days prior to or following qualification for elective office.
(F) If a candidate for election to a state office fails to submit to a test for illegal drugs or if the Secretary of State does not receive any results of such a drug test concerning any candidate as required in this subsection, the Secretary of State shall notify in writing the legal organ of the county of residence of such a candidate and any other representatives of the media upon request of the name of such candidate from whom results of a test for illegal drugs were not received.
(e) Each state official during every year of his term of office, except a year in which a general election for such office is being held, shall be required to submit to a test for illegal drugs within seven days following notification of such requirement from the Secretary of State by certified mail evidenced by return receipt; provided, however, that the person holding the office of Secretary of State shall be required to submit to a test for illegal drugs within seven days following notification of such requirement from the

1414

JOURNAL OF THE HOUSE,

Attorney General by certified mail evidenced by return receipt. The same duties and procedures provided for in subsection (d) of this Code section with respect to candidates shall be followed and complied with in their entirety. The provisions of subparagraph (d)(4)(A) of this Code section shall apply with respect to state officials being tested for illegal drugs. Notwithstanding the provisions of this subsection, a state official shall be subject to the provisions of subsection (d) of this Code section upon qualifying for reelection or election to a state office.
(0 (1) Notwithstanding any other provisions of law, a candidate who refuses to take a drug test as required in this Code section or who has tested positive for illegal drugs and has been reported to the media as provided in paragraph (4) of subsection (d) of this Code section and who is elected to the office for which the candidate offers and any state official who has tested positive for illegal drugs and has been reported to the media after being elected or appointed to a state office pursuant to subsection (e) of this Code section shall not be entitled to any salary, compensation, per diem, or expenses otherwise provided by law for carrying out the duties of such state office for a period of 12 months following the date of receipt of written notification of such drug test results. Any public officer responsible for providing any salary or compensation in the form of a check, voucher, or otherwise to such a state official shall be prohibited from paying to such state official who has tested positive for illegal drugs any salary or other compensation for a period of 12 months from the date of notification as provided in division (d)(1)(B)(ii) of this Code section. The Attorney General shall enforce the provisions of this Code section.
(2) A candidate or state official who was unable to be tested for illegal drugs within the time periods provided in this Code section as a result of a medical emergency shall be permitted to submit to a drug test at a time designated by the Secretary of State after the expiration of such medical emergency and shall, upon testing negative, not be denied any salary, compensation, per diem, or expenses as otherwise provided in paragraph (1) of this subsection; provided, however, that such candidate or state official shall also be governed by the provisions of subsection (d) of this Code section. The Secretary of State shall make a determination as to whether a medical emergency exists or existed at a hearing called for such purpose and such decision may be appealed to the superior court of the county where the office of the Secretary of State is located.
(g) Information concerning the results of any drug tests conducted pursuant to this Code section shall remain strictly confidential except as otherwise provided in this Code section.
(h) The cost of any test for illegal drugs shall be paid by the person who is a candidate for election to state office or who is a state official, except a candidate who has filed a pauper's affidavit shall be authorized to secure such testing for illegal drugs at no cost.
(i) Any person violating the provisions of this Code section shall be guilty of a misdemeanor.
(j) The Secretary of State shall be authorized to promulgate rules and regulations to carry out the provisions of this Code section."

On the adoption of the amendment, the roll call was ordered and the yote was as follows:

Y Aaron Y Abernathy N Adams N Aiken
Alford Y Allen

Athon Y Atkins N Bailey N Baker N Balkcom Y Bannister

N Barfoot
Bargeron N Barnett,B Y Barnett,M
Bates Beck

N Benefield
NBenn Y Birdsong N Bishop Y Boetick N Branch

Y Breedlove Y Brooks Y Brown N Buck N Buford N Byrd

TUESDAY, FEBRUARY 20, 1990

1415

N Campbell N Carrell N Carter NChambless NChance Y Cheeks N Childers
Clark,B N Clark,H N Clark,L NColeman
Colwell N Connell N Couch N Crawford
N Crosby N Cummings,B Y Cummings,M Y Davis,C N Davis,G Y Davis,M N Dixon,H NDixon,S Y Dobbs N Dover NDunn N Edwards
N Ehrhart Y Felton N Fennel

N Floyd,J.M N Floyd,J.W
N Foster Y Godbee Y Goodwin N Green N Greene N Gresham
Grifim N Groover Y Hamilton
N Hanner NHarris N Hasty
Heard N Herbert N Holcomb N Holland N Holmes NHooks Y Howren N Hudson N Irwin
Isakson N Jackson,J N Jackson,W N Jamieson Y Jenkins
Johnson N Jones

N Kilgore Y Kingston
N Lane,D NLane,R N Langford N Lawrence N Lawson NLee Y Linder
Long
N Lord N Lucas Y Lupton
Mangum N Martin N McCoy NMcDonald N McKelvey Y McKinney,B Y McKinney,C
NMeadows Y Milam N Mobley N Moody Y Morton Y Moultrie N Mueller N Oliver,C NO!iver,M NOrr

N Orrock
Y Padgett Y Pannell NParham N Parrish N Patten
Pettit N Pinkston YPoag
N Porter N Poston Y Powell
N Randall N Ransom YRay
N Reaves N Redding
N Richardson N Ricketson N Robinson
N Royal Selman
N Simpson N Sinkfield N Smith,L N Smith,P N Smith,T
N Smith,W N Smyre NSnow

N Stancil,F N Stancil,S N Stanley N Steele N Stephens N Streat N Teper
NThomas,C Y Thomas,M
YThompson NThurmond N Titus N Tolbert Y Townsend
Twiggs
N Vanghan NWaddle
Walker,C N Walker,L
YWall NWare
N Watson N Watts Y White Y Wilder Y Williams,B Y Williams,J
Y Yates N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 44, nays 118. The amendment was lost.

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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford y Byrd

Y Campbell
Y Carrell Y Carter
YChambless Y Chance
Cheeks Y Childers Y Clark,B YClark,H Y Clark,L
Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards
YEhrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee y Goodwin
Y Green Y Greene Y Greaham Y Grifim
Y Groover Y Hamilton Y Hanner YHarris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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
YLane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas Y Lupton y Mangum
Y Martin YMcCoy
Y McDonald Y McKelvey Y McKinney,B
McKinney,C Y Meadows Y Milam Y Mobley YMoody Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M
Y Orr

Y Orrock Y Padgett
Y Pannell YParham
Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston YPowell y Randall
Y Ransom YRay
Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson y Royal
Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T YSmith,W Y Smyre YSnow

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JOURNAL OF THE HOUSE,

Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat

Y Teper YThomas,C YThomas,M Y Thompson YThurmond Y Titus

Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C

Y Walker,L
Y Wall YWare Y Watson Y Watts y White

YWilder 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 174, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Cheeks of the 89th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1329.

By Representatives Bargeron of the 108th and Godbee of the llOth:
A bill to amend an Act providing for the election of the members of the board of education of Burke County, so as to provide for the compensation and expense allowance of the members of the board.

The following Senate amendment was read:

Amend HB 1329 by striking from line 14 of page 1 the following: "$200.00", and inserting in lieu thereof the following: "$250.00". By striking from lines 21 through 23 on page 1 the following: "; provided, however, that such expenses must be vouchered and shall not exceed $100.00 per day exclusive of mileage expenses."

The following amendment was read and adopted:

Representatives Bargeron of the 108th and Godbee of the llOth move to amend the Senate amendment to HB 1329 by striking from lines 3 through 7 of page 1 the following:
"Amend HB 1329 by striking from line 14 of page 1 the following: '$200.00', and inserting in lieu thereof the following: '$250.00.', and inserting in its place the following: "Amend HB 1329 by striking from lines 13 through 15 of page 1 the following: 'Each member of the board shall receive a salary of $200.00 per month payable from the funds of Burke County. In addition, each member shall', and inserting in its place the following:

TUESDAY, FEBRUARY 20, 1990

1417

'The chairman of the board of education shall receive a salary of $250.00 per month payable from the funds of Burke County. Each member of the board of education other than the chairman shall receive a salary of $200.00 per month payable from the funds of Burke County. In addition, the chairman and each member of the board of education shall'.".

Representative Bargeron of the 108th moved that the House agree to the Senate amendment, as amended by the House, to HB 1329.
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 disagreed to the House amendment to the Senate amendment to the following Bill of the House:

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.

The Senate insists on its substitute to the following Bill of the House:

HB 1219.

By Representatives Robinson of the 96th and Buck of the 95th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1526 Do Pass HB 1763 Do Pass, by Substitute

HB 1757 Do Pass, by Substitute SB 412 Do Pass

Respectfully submitted,
Is/ Watson of the 114th
Chairman

The Speaker announced the House in recess until 2:45 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 892. By Representative Pettit of the 19th: A resolution commending and recognizing White Elementary School of Bartow County.
HR 893. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution commending the Golden Club.
HR 894. By Representatives Thomas of the 69th and Simpson of the 70th: A resolution commending Mr. Newt Muse.
HR 895. By Representatives Gresham of the 21st, Heard of the 43rd, Waddle of the 113th and McCoy of the 1st: A resolution commending Bobby Cremins.
HR 896. By Representative Clark of the 20th: A resolution recognizing April 22, 1990, as Earth Day 1990.
HR 897. By Representative Parrish of the 109th: A resolution expressing regret at the passing of Honorable John B. Spivey.
HR 898. By Representative Parrish of the 109th: A resolution expressing sympathy at the passing of Dr. Carter L. Meadows, Sr.
HR 899. By Representative Mobley of the 64th: A resolution commending Howard E. Langford, Sr.
HR 900. By Representative Bailey of the 72nd: A resolution commending John Wesley Hardy.
HR 901. By Representative Bailey of the 72nd: A resolution commending Modassir S. Khawaja.
HR 902. By Representative Bailey of the 72nd: A resolution commending Jeffrey Dean Adamson.
HR 903. By Representative Bailey of the 72nd: A resolution commending Jeffrey L. Green.

TUESDAY, FEB" RUARY 20, 1990

1419

HR 904. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution commending and recognizing Mr. Carl G. Rhodenizer of Clayton County.

HR 905. By Representatives McKinney of the 40th, Davis of the 29th, Martin of the 26th, Holmes of the 28th, Thomas of the 31st and others:
A resolution recognizing Mrs. Elizabeth Thomas.

HR 906. By Representatives Teper of the 46th, Baker of the 51st, Richardson of the 52nd, Lawrence of the 49th, Williams of the 48th and others:
A resolution commending Mr. Newton J. Hogg.

HR 907. By Representatives Thomas of the 69th and Simpson of the 70th: A resolution commending Julie Rowell.

The following Resolution of the House was read and referred to the Committee on Natural Resources:

HR 888. By Representative Thompson of the 20th:
A resolution creating the House Soil Erosion and Sedimentation Control Overview Study Committee.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 889. By Representative Davis of the 72nd: A resolution amending the rules of the House of Representatives.

HR 890. By Representatives Birdsong of the 104th and Buford of the 103rd:
A resolution commending the Tattnall Square Academy girls' softball team and inviting them to appear before the House of Representatives.

HR 891. By Representatives Howren of the 20th, Ehrhart of the 20th, Vaughan of the 20th, Thompson of the 20th, Clark of the 20th and others:
A resolution commending the McEachern High School wrestling team and inviting the team to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the House were taken up for consideration and read the third time:

HR 731. By Representatives Snow of the 1st and McCoy of the 1st: A resolution designating the "Desmond T. Doss Medal of Honor Highway".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1420

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams Y Aiken
Alford Y Allen
Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates Y Beck
Y Benefield Y Benn Y Birdsong
Bishop Y Bostick Y Branch
Y Breedlove Y Brooks
Brown YBuck
Buford Byrd
YCampbell Y Carrell Y Carter
Chambless YCbance Y Cheeks

Y Childers Y Clark,B
Clark,H Y Clark,L
Coleman Y Colwell
Y Connell Couch
Y Crawford Crosby Cummings,B Cummings,M Davis,C
Y Davis,G Y Davis,M
Dixon,H Y Dixon,S
Dobbe Y Dover
Dunn Edwards Y Ehrhart Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Godbee y Goodwin
Green
Greene Y Gresham
Griffm Y Groover Y Hamilton
Hanner

YHarris Hasty
Y Heard Y Herbert Y Holcomb
Holland Holmes Hooks Y Howren Y Hudson y Irwin
Y Isakson Y Jackson,J Y Jackson,W
Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston Lane,D Lane,R Y Langford Y Lawrence Lawson Lee Linder Long Lord Lucas Lupton Mangum y Martin
Y McCoy McDonald
Y McKelvey

McKinney,B McKinney,C Y Meadows YMilam Mobley Y Moody
Y Morton Y Moultrie Y Mueller
Oliver,C Oliver,M YOrr
Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Y Pettit
Pinkston YPoag Y Porter Y Poston YPowell
Randall YRansom
Ray Y Reaves
Redding Y Richardson
Ricketson Y Robinson
Royal y Selman
Y Simpson Sinkfield

Y Smith,L Y Smith,P
Smith,T
Smith,W Smyre
YSnow Y Stancii,F
Stancii.S Y Stanley
Steele Stephens
Y Streat Teper Thomas,C
YThomas,M YThompson
Thurmond Y Titus
Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker,C Walker,L
Y Wall Ware
Y Watson Watts White Wilder Williams,B Williams,.!
Y Yates Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 97, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker Pro Tern assumed the Chair.

HR 794. By Representative Poag of the 3rd: A resolution designating the Edna Jo Butler 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 100, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 795. By Representative Poag of the 3rd: A resolution designating the Clarence Ridley Highway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 93, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, FEBRUARY 20, 1990

1421

HB 1553. By Representatives Jenkins of the 80th and Birdsong of the 104th:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to provide that under certain conditions covenants restricting lands to certain uses may be extended beyond 20 years in counties which have adopted zoning laws.

The following Committee substitute was read:

A BILL
To amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to provide that under certain conditions covenants restricting lands to certain uses may be extended beyond 20 years in counties which have adopted zoning laws; to provide a method for effecting such continuances; 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 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, is amended by inserting immediately following subsection (c) a new subsection to read as follows:
"(d) (1) Notwithstanding the limitation provided in subsection (b) of this Code section, covenants restricting lands to certain uses affecting planned subdivisions containing no fewer than 15 individual plots may be continued beyond 20 years as provided in this subsection. Each such continuation shall continue for 10 years, and there shall be no limit on the number of times such covenants may be continued.
(2) To continue a covenant as provided in paragraph (1) of this subsection, at least two-thirds of the record owners of plots affected by such covenant shall execute a document containing a legal description of the entire area affected by the covenant, a list of the names of all record owners of plots affected by the covenant, and a description of the covenant to be continued, which may be incorporated by reference to another recorded document. Such document, together with the affidavit of an attorney licensed to practice in this state stating that he has searched the land records and has verified the names of the record owners appearing in the document, shall be recorded in the office of the clerk of the superior court of the county where the land is located prior to the expiration of the initial 20 year period or any subsequent ten-year extension. No such covenant shall be renewed after the lapse of time of such initial period or extension. The clerk of the superior court shall index the document under the name of each record owner appearing in the document."
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 Isakson of the 21st moves to amend the Committee substitute to HB 1553 as follows:
By adding a new paragraph (3) to read as follows:
(3) "No covenant that prohibits the use or ownership of property within the subdivision may discriminate based on race, creed, color, age, sex, or national origin."

The Committee substitute, as amended, was adopted.

1422

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 91, 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's insistence on its position in disagreeing to the House amendment to the Senate amendment to the same:

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.

Representative Smith of the 152nd moved that the House insist on its position in amending the Senate amendment to HB 1105 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tem appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 152nd, Johnson of the 123rd and Ray of the 98th.

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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1484 Do Pass HB 1782 Do Pass

HR 832 Do Pass HB 1888 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 27th
Chairman

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1314. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th

TUESDAY, FEBRUARY 20, 1990

1423

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991; 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, 1990 and ending June 30, 1991, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a revenue estimate of $7,785,000,000 for State Fiscal Year 1991.

PART I LEGISLATIVE BRANCH

Section 1. F.Y. 1991

Legislative Branch. $22,456,228

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.

1424

JOURNAL OF THE HOUSE,

Section 2. F.Y. 1991

Department Qf Audits. $15,942,763

PART II JUDICIAL BRANCH

Section 3. F.Y. 1991

Supreme Court. $4,708,632

Section 4. F.Y. 1991

Court Qf Appeals. $5,971,508

Section 5. F.Y. 1991

Superior Courts. $41,248,911

Section 6. F.Y. 1991

Juvenile Courts. $1,340,35-9- -

Section 7. F.Y. 1991

Institute Qf Continuing Judicial Education. $798,387

Section 8. F.Y. 1991

Judicial Council. $2,770,70_4_ _

Section 9. F.Y. 1991

Judicial Qualifications Commission. $123,092

Section 10. F.Y. 1991

Indigent Defense Council. $2,500,000

PART III EXECUTIVE BRANCH

Section 11. F.Y. 1991

Department Qf Administrative Services. $44,255,300

Section 12. F.Y. 1991

~ for Removal Qf Hazardous Materials. $115,307

Section 13. F.Y. 1991

Department Qf Agriculture. $39,439,379

Section 14. F.Y. 1991

Department Qf Banking and Finance. $6,362,294

Section 15. F.Y. 1991

Department Qf Community Affairs. $16,380,834

Section 16. F.Y. 1991

Department Qf Corrections. $494,937,500

Section 17. F.Y. 1991

Department Qf Defense. $6,932,649

Section 18. F.Y. 1991

State Board of Education. $2,7 45,877,098

Provided, that the formula calculation for Quality Basic Education funding assumes a base unit cost of $1,632.38. 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

TUESDAY, FEBRUARY 20, 1990

1425

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 meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 19. F.Y. 1991
Section 20. F.Y. 1991
Section 21. F.Y. 1991
Section 22. F.Y. 1991
Section 23. F.Y. 1991
Section 24. F.Y. 1991
Section 25. F.Y. 1991
Section 26. F.Y. 1991
Section 27. F.Y. 1991
Section 28. F.Y. 1991
Section 29. F.Y. 1991

Employees' Retirement System. $ -0

Forestry Commission. $36,456,199

Georgia Bureau Qf Investigation.
$39,094,27 4

Office of the Governor. $21,731,234

Department Qf Human Resources.
$1,042,725,145

Department Qf Industry and Trade.
$18,221,656

Office of the Commissioner of Insurance.

$14,043,421

-

Department Qf Labor.
$18,380,242

Department Qf Law.
$9,362,460

Department Qf Medical Assistance.
$715,625,708

Department Qf Natural Resources.
$77,884,259

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, 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 percent of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1990.

1426

JOURNAL OF THE HOUSE,

Section 30. F.Y. 1991

State Board of Technical and Adult Education.

$130,106,068-

- --

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 31. F.Y. 1991

Department Qf Public Safety.
$96,344,600

Section 32. F.Y. 1991

Public School Employees' Retirement System. $12,090,431

Section 33. F.Y. 1991

Public Service Commission. $7,844,~

Section 34. F.Y. 1991

Regents, University System Qf Georgia.
$939,516,080

The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.

Section 35. F.Y. 1991

Department Qf Revenue.
$75,606,936

Section 36. F.Y. 1991

Secretary Qf State.
$23,622,293

Section 37. F.Y. 1991

Soil and Water Conservation Commission. $2,014,72-5-

Section 38. F.Y. 1991

Georgia Student Finance Commission. $23,380,129

Provided, that of the above appropriated amount relative to Educational Loans, an amount not to exceed $14,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students.
Designated Totals for Guaranteed Educational Loans: (Cancellable Loans)
A) Students in paramedical and other professional and educational fields of study:
Not less than $1,435,000. B) Eligible members of the Georgia National Guard: Not to exceed $100,000. C) Teachers seeking special education training: Not to exceed $225,000. D) Students who are to become agricultural teachers: Not to exceed $30,000. E) Students who are to become mathematics or science teachers: Not to exceed
$300,000. The appropriation in this Section relative to Tuition Equalization Grants provides for
payment of grants of $925 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 39. F.Y. 1991

Teachers' Retirement System. $3,700,000

Section 40. F.Y. 1991

Department Qf Transportation.
$506,132,784

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

TUESDAY, FEBRUARY 20, 1990

1427

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. $11,360,000 has been repaid leaving a balance due of $10,640,000. A $10,640,000 payment shall be applied during the State Fiscal Year 1991 to the $10,640,000 balance providing for full repayment 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.
(0 Bus rental income may be retained to operate, maintain and upgrade department-owned 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 41. F.Y. 1991
Section 42. F.Y. 1991
Section 43. F.Y. 1991

Department 2f Veterans Service.
$21,710,472
State Board 2f Workers' Compensation.
$8,257,961
State Qf Georgia General Obligation Debt
Sinking Fund. $341,049,249

With regard to the appropriations in Section 43 for "State of Georgia General Obligation Debt Sinking Fund (New)," the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt specified are as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (new), $3,750,000 is specifically appropriated for the Environmental Facilities Authority to provide loans to local governments and local government entities for water, sewer and waste water treatment projects 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 sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $875,000 is specifically appropriated for the purpose of financing the purchase of equipment and furnishings for the Department of Technical and Adult Education's newly constructed Ogeechee (Statesboro) Technical Institute through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

1428

JOURNAL OF THE HOUSE,

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $342,000 is specifically appropriated for the Department of Technical and Adult Education for the purpose of financing repairs to Area Schools converting to the State governance by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,368,000 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 (New), $331,250 is specifically appropriated for the purpose of purchasing equipment for the Department of Technical and Adult Education's Altamaha (Jesup) and Southeastern (Vidalia) Technical Institutes through the issuance of not more than $1,325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $212,500 is specifically appropriated for the Department of Technical and Adult Education for the purpose of financing the purchase of equipment for expansion of programs at various Technical Institutes through the issuance of not more than $850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $160,000 is specifically appropriated for the purpose of financing the purchase of equipment and furnishings for the Health Occupations Building at the Department of Technical and Adult Education's Augusta Technical Institute through the issuance of not more than $640,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $13,500,000 is specifically appropriated for the Department of Transportation for the purpose of financing a program of developmental highways under the Governor's Road Improvement Program and for four lane/passing lane construction 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 $135,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $6,900,000 is specifically appropriated for the purpose of financing expansion of facilities for the 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 $69,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $6,494,500 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, to wit: $41,732,697 for regular capital outlay projects eligible to be funded with accumulated entitlements, $19,970,410 for regular advance funded projects, and $3,240,762 for 4% planning grants for $81,019,065 in incentive advance funded projects through the issuance of not more than $69,945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,680,000 is specifically appropriated for the purpose of financing construction of a new prison in Macon County by means of acquisition, construction, development, extension, enlargement and improvement of land, property,

TUESDAY, FEBRUARY 20, 1990

1429

buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $26,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,652,000 is specifically appropriated for the purpose of financing construction of a new prison in Pulaski County 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 $26,520,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,350,000 is specifically appropriated for the purpose of financing a program of capital outlay 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 $23,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,292,500 is specifically appropriated for the State Board of Education for the purpose of financing the construction of 20 local libraries 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 $12,925,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $600,000 is specifically appropriated for the Georgia Building Authority for the purpose of financing the renovation of the #1 Peachtree Building by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $550,000 is specifically appropriated for the Regents', University System of Georgia for the purpose of financing construction of a parking deck at the Georgia Institute of Technology by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $500,000 is specifically appropriated for the Department of Technical and Adult Education for the purpose of financing a program of major repairs and renovations 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 General Obligation Debt Sinking Fund (New), $390,000 is specifically appropriated for the Regents, University System of Georgia for the purpose of financing a program of capital outlay for the Herty Foundation, to wit: replacement of a nonwovens paper machine, completion of

1430

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the modernization of the Fourdrinier paper machine, expansion of waste water treatment facilities and other activities incident to the modernization of the Herty Foundation 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 $3,390,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $220,000 is specifically appropriated for the Georgia Building Authority for the purpose of financing the renovation of the Agriculture Building 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 $2,200,000 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 (New), $200,000 is specifically appropriated for the Georgia Building Authority for the purpose of financing asbestos abatement and renovation in the Trinity/Washington Building by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $200,000 is specifically appropriated for the purpose of financing acquisitions of real property 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 (New), $160,000 is specifically appropriated for the Georgia Bureau of Investigation for the purpose of financing the construction of a regional crime laboratory in Moultrie 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 $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

Section 44. F.Y. 1991

Employee Compensation. $147,938,106

In addition to all other appropriations for the State Fiscal Year ending June 30, 1991, there is hereby appropriated $147,938,106 for the purposes described herein: (1) for a costof-living salary adjustment of 2.5% (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, 1990; (2) for a 2.5% cost-of-living salary adjustment for employees of the Board of Regents effective September 1, 1990, for academic personnel and July 1, 1990, for non-academic personnel; (3) for a 2.5% cost-of-living adjustment effective July 1, 1990, for non-certified personnel and a 3.0% cost-of-living adjustment effective September 1, 1990 for certificated personnel for employees of the Department of Technical and Adult Education; (4) for a 2.5% salary adjustment for State-paid school bus drivers and lunchroom workers, effective July 1, 1990; (5) for a 3% increase in the teacher salary schedule in effect for F.Y. 1990 for all certificated public school professional personnel, effective September 1, 1990, which will increase the T-4 entrance level from $18,357 to $18,908 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 2.9% to 3.0%; (7) for two 1.5% cost-of-living adjustments for ERS retirees; (8) for a special "cost-of-living" increase adjustment for all state retirees effective July 1, 1990; and (9) for an increase of .25%

TUESDAY, FEBRUARY 20, 1990

1431

(from 10.25% to 10.5%) in the State Health Benefit Plan employer contribution rate for State agencies.
Section 45. 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 46. 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 47. 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 48. In accordance with the requirements of Article IX, Section VI, Paragraph 1a 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 49. 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

1432

JOURNAL OF THE HOUSE,

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.
Section 50. 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 51. 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 52. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100 percent federal funds.
Section 53. 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 from surplus property to increase the number authorized in this Act unless specifically approved by the Office of Planning and Budget.
Section 54. 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 Mfairs 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,

TUESDAY, FEBRUARY 20, 1990

1433

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.
(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 55. 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 56. 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 57. F.Y. 1991

TOTAL STATE FUND APPROPRIATIONS $7 '785,000,000

Section 58. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 59. 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, 1990, and ending June 30, 1991; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1990, and ending June 30, 1991, 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 $7,785,000,000 for State Fiscal Year 1991.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch.........................................................$
Personal Services - Staff................................................................$

22,399,000 10,773,481

1434

JOURNAL OF THE HOUSE,

Personal Services - Elected Officials .........................................................................................$
Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials ...............................................................$ Capital Outlay .................................................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts -
Staff...............................................................................................$ Per Diem, Fees and Contracts -
Elected Officials...........................................................................$ Photography .....................................................................................$ Expense Reimbursement Account ................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

3,582,551 2,535,415
103,500 3,500 25,000
192,000 375,500
65,100 670,000
245,179
2,684,202 68,000
1,132,800 (57,228)
22,399,000 22,399,000

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office
Secretary of the Senate's Office
Total

$

4,187,757

$

598,169

$

1,092,479

$

5,878,405

$

4,187,757

$

598,169

$

1,092,479

$

5,878,405

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

$

8,454,318

$

439,323

$

1,098,584

$

9,992,225

$

8,454,318

$

439,323

$

1,098,584

$

9,992,225

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$

2,209,811

$

2,095,854

$

849,417

$

1,373,288

$

6,528,370

$

2,209,811

$

2,095,854

$

849,417

$

1,373,288

$

6,528,370

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,

TUESDAY, FEBRUARY 20, 1990

1435

before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Per Diem, Fees and Contracts ......................................................$ Real Estate Rentals ........................................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

15,501,251
12,845,653 372,246 800,289 117,000 81,500 32,500 812,014 400,986 91,575 (52,512)
15,501,251 15,501,251

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$

4,543,359

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$

5,636,834

Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council.....................................................$ Sentence Review Panel ..................................................................$ Council of Superior
Court Judges ................................................................................$

41,675,772 39,715,642
839,406 148,086
85,219

1436

JOURNAL OF THE HOUSE,

Judicial Administrative Districts.........................................................................................$
Habeas Corpus Clerk ......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ..............................................................$
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..................................................$
Institute's Operations .................................................................$ Georgia Magistrate Courts
Training Council..........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
Section 8. Judicial Council. Budget Unit: Judicial Council .............................................................$
Council Operations..........................................................................$ Payments to Judicial
Administrative Districts for Case Counting ..............................................................................$ Board of Court Reporting ..............................................................$ Payment to Council for Magistrate Court Judges ................................................................................$ Payment to Council of Probate Court Judges ................................................................................$ Payment to Council of State Court Judges ................................................................................$ Payment to Resource Center.........................................................$ Payment to Computerized Information Network ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission ..............................................................$
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council.. .................................................................... $ Grants ............................................................................................ $ Operations ....................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
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 ................................................................................................$

872,419 15,000
41,675,772 41,675,772
596,170 463,140 133,030 596,170 596,170
1,850,596 781,927
76,500 35,047 26,000 20,000 10,000 240,000 661,122 1,850,596 1,850,596
999,863 950,000
49,863 999,863 999,863
28,128,869 47,791,267 10,738,162
334,800

TUESDAY, FEBRUARY 20, 1990

1437

Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ 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 ................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

434,500 2,098,658 9,504,645 3,464,210 1,303,480
476,800 13,044,200
37,900
2,000,000
0
3,000,000 38,345,900 14,600,000
608,800
40,000
30,000
0 2,600,000 4,200,000
(31,431) 154,621,891 28,128,869

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

$

441,163

$

5,490,217

$

17,534,415

$

14,426,170

$

3,052,371

$

698,255

$

591,904

$

38,325,826

$

4,095,311

$

42,484,191

$

6,824,156

$

1,682,060

$

969,684

$

1,906,168

$ 138,521,891

$

441,163

$

5,459,016

$

15,534,415

$

0

$

3,052,371

$

0

$

591,904

$

3,050,000

$

0

$

0

$

0

$

0

$

0

$

0

$

28,128,869

B. Budget Unit: Georgia Building

Authority ..................................................................$

0

Georgia Building Authority Budget:

1438

JOURNAL OF THE HOUSE,

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ 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....................................................................$

20,994,647 5,300,403
26,794 294,000 278,750 52,434
17,357 130,456 146,000 10,200,000 8,166,638 230,422
0
0 45,837,901
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

2,054,174

$

0

$

5,237,770

$

0

$

4,926,970

$

0

$

5,431,564

$

0

$

362,581

$

0

$

5,511,956

$

0

$

21,226,750

$

0

$

1,086,136

$

0

$

0

$

0

$

45,837,901

$

0

Section 12. Agency for the Removal of Hazardous Materials.
A. 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 .............................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

3,483,491 2,829,996
460,800 155,245 199,200
1,000 0
20,000 500,000
0 0 (191) 7,649,541 115,116

Section 13. Department of Agriculture. A. Budget Unit: Department of
Agriculture ...............................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$

35,893,832
30,759,491 3,671,245

TUESDAY, FEBRUARY 20, 1990

1439

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 ........................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

930,524 576,608 210,500 520,676 731,153 415,000 256,275 700,000
2,471,459
2,080,793 547,000 91,000 40,000 205,000
596,585
400,000 0
60,000 40,000 50,000 (106,837) 45,246,472 35,893,832

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

$

5,046,474

$

7,233,545

$

2,026,940

$

3,844,076

$

4,699,316

$

1,545,422

$

3,119,544

$

6,364,055

$

4,250,648

$

4,549,771

$

417,045

$

2,149,636

$

45,246,472

$

4,697,474

$

6,924,545

$

1,982,136

$

3,844,076

$

4,631,519

$

1,545,422

$

3,103,957

$

4,785,344

$

1,574,857

$

929,821

$

0

$

1,874,681

$

35,893,832

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Georgia Agrirama Development Authority Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$

0
672,915 158,948
4,750

1440

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts .................................~....................$ Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$
Section 14. 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 ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
Section 15. Department of Community Affairs. A. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Felony Expenses ................................................................$ Contracts with Regional
Development Commissions ........................................................$ Local Assistance Grants .................................................................$ Appalachian Regional Commission
Assessment ...................................................................................$ Community Development Block
Grants (Federal) ..........................................................................$ Music Hall of Fame ........................................................................$ Local Development Fund...............................................................$ Payment to Georgia Residential
Finance Authority .......................................................................$ Payment to Georgia Environmental
Facilities Authority for Operations ....................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$

27,000 13,178
0 0 9,248 43,038 312,852 95,000 1,336,929 0
6,749,505
5,618,979 264,344 309,368 175,581 20,100 116,628 211,000 53,000 2,000 (21,495)
6,749,505 6,749,505
16,679,942
5,893,224 283,005 198,900 0 20,560 163,509 482,916 59,750 142,000 50,000
2,625,000 1,020,000
140,322
30,000,000 50,000
1,550,000
5,000,000
477,040 (19,829) 48,136,397

TUESDAY, FEBRUARY 20, 1990

1441

State Funds Budgeted ....................................................................$

16,679,942

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Technical Assistance Financial Assistance Rural Development Coordinated Planning Total

$

1,021,288

$

1,481,484

$

42,789,478

$

1,197,744

$

1,646,403

$

48,136,397

$

993,788

$

1,306,295

$

11,710,423

$

1,157,744

$

1,511,692

$

16,679,942

Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation ..........................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Court Costs.......................................................................................$ County Subsidy ...............................................................................$ County Subsidy for Jails ................................................................$ County Workcamp Construction
Grants............................................................................................$ Grants for Local Jails .....................................................................$ Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities ...................................................................$ Payments to Public Safety
for Meals .......................................................................................$ Inmate Release Fund ......................................................................$ Health Services Purchases .............................................................$ Payments to MAG for Health
Care Certification ........................................................................$ University of Georgia -
Cooperative Extension Service Contracts.........................................................................$ Minor Construction Fund ..............................................................$ Authority Lease Rentals ................................................................$ Grants for Independent Probation Systems .........................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding .................................................................$ Georgia Correctional Industries ....................................................$ State Funds Budgeted ....................................................................$

456,528,974 320,532,000 42,472,200
1,962,500 4,169,000 11,030,000 2,780,000 3,918,000 3,716,000 2,198,000
670,000 12,340,000
400,000 13,443,000 10,668,000
0 0 825,000
3,552,000
1,376,000
438,000 1,200,000 20,543,300
50,000
325,000 5,000,000
200,000
500,000 (724,026) 463,583,974
0 0 456,528,97 4

Departmental Functional Budgets

Total Funds

State Funds

Administration

$

52,946,978

$

52,898,978

1442

JOURNAL OF THE HOUSE,

Institutions and Support Probation Total

$ 330,653,556

$

79,983,440

$ 463,583,974

$ 330,306,556

$

73,323,440

$ 456,528,974

B. Budget Unit: Board of Pardons and Paroles ......................................................................$
Board of Pardons and Paroles Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Jail Subsidy........................................................................$ Health Services Purchases .............................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

36,895,002
27,901,000 1,142,000
966,000 332,500 409,000 639,000 1,995,000 1,087,000 1,285,000 1,133,000 100,000 (94,498) 36,895,002 36,895,002

Section 17. Department of Defense. Budget Unit: Department of Defense ................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Grants to Locals - Emergency
Management Assistance .............................................................$ Grants - Others................................................................................$ Civil Air Patrol Contract ...............................................................$ Capital Outlay .................................................................................$ Repairs and Renovations ...............................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

5,452,127
8,722,499 4,496,168
79,182 31,775 56,500 32,125 6,260 154,922 209,835
1,044,200 51,000 42,000 0
100,000 (14,332) 15,012,134 5,452,127

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

$

1,428,882

$

3,343,688

$

3,889,500

$

6,350,064

$

15,012,134

$

1,345,079

$

1,046,994

$

552,214

$

2,507,840

$

5,452,127

Section 18. State Board of Education Department of Education.
Budget Unit: Department of E d u c a t i o n ........................................................... $

2,756,618,650

TUESDAY, FEBRUARY 20, 1990
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 ......................................................................$ 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 ...........................................................................................$

1443
42,485,344 5,063,048 1,357,270
94,000 570,070 9,290,696 2,256,533 2,233,252 20,579,467 769,704
0
664,790,104 573,829,139 264,280,263 85,765,806
84,673,975 205,216,284
27,892,452 48,703,644 7,264,367 19,008,461 107,615,329 585,454,351 115,362,396 (517 ,248,380)
143,766,119 3,635,563 13,240,549 23,660,574 26,591,059
100,000
94,501,492
2,700,000
23,177,937
0
2,300,000 34,165,937 113,396,789 24,064,661
6,960,791
6,468,884
2,278,200

1444

JOURNAL OF THE HOUSE,

High School Program .....................................................................$ Special Education in
State Institutions.........................................................................$ Governor's Scholarships .................................................................$ Special Projects ...............................................................................$ Job Training Partnership Act .......................................................$ Vocational Research and
Curriculum....................................................................................$ Salaries and Travel of
Public Librarians .........................................................................$ Public Library Materials................................................................$ Talking Book Centers.....................................................................$ Public Library M & 0 ....................................................................$
Grants to Local School Systems for Educational Purposes ...........................................................$
Child Care Lunch Program (Federal) .......................................................................$
Chapter II - Block Grant Flow Through...............................................................................$
Payment of Federal Funds to Postsecondary Vocational Education ...................................................................................... $
Innovative Programs.......................................................................$ Technology Grants ..........................................................................$ Limited English - Speaking
Students Program .......................................................................$ Drug Free School (Federal) ...........................................................$ Transition Program for Refugees .................................................$ Emergency Immigrant Education
Program ........................................................................................$ Title II Math/Science Grant
(Federal) .......................................................................................$ Robert C. Byrd Scholarship
(Federal) .......................................................................................$ Public Library Construction..........................................................$ QBE Weights ...................................................................................$ Asbestos Removal............................................................................$ Health Insurance - Non-Cert.
Personnel and Retired Teachers ...............................................$ Pre-School Handicapped Program ...............................................$ Mentor Teachers .............................................................................$ Middle School Counselors..............................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$

14,688,706
3,560,399 1,140,743
0 3,084,680
366,540
9,888,505 4,700,350
834,085 3,777,271
0
16,787,825
10,026,258
11,701,897 2,453,089 1,000,000
3,959,076 2,700,000
100,000
100,000
345,900
154,000 0
28,335,344 0
59,583,875 1,360,000 375,000 2,400,000 (135,722)
3,061,603,951 0

State Funds Budgeted....................................................................$

2,756,618,650

Education Functional Budgets

Total Funds

State Administration Instructional Programs Governor's Honors Program Administrative Services Evaluation and Personnel
Development

$

16,294,217

$

17,749,776

$

1,120,889

$

10,698,746

$

16,838,399

State Funds

$

15,709,848

$

9,483,043

$

1,080,130

$

6,965,119

$

16,442,743

TUESDAY, FEBRUARY 20, 1990

1445

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

$

4,628,808

$

$

361,965

$

$

635,987

$

$ 2,977,040,289

$

$

4,495,748

$

$

6,921,205

$

$

4,953,644

$

$ 3,061,603,951

$

Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement
System ......................................................................$ Employees' Retirement System Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits to Retirees ........................................................................$ Employer Contribution ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

3,225,015
361,965
635,987 2,687,445,750
4,277,194 6,632,417
4,495,161 2, 756,618,650
0
1,300,000 160,000 14,000 0 7,000 290,000 191,000 35,000 699,000 0 0
2,696,000 0

Section 20. 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 .................................................................................$
Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

36,525,545
29,442,917 6,636,543
174,520 1,125,324 1,951,492
96,083 40,224 995,304 554,485 310,000
0
30,000
60,000 0
300,000 (111,654} 41,605,238 36,525,545

1446

JOURNAL OF THE HOUSE,

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

$

4,793,402

$

34,245,466

$

0

$

2,566,370

$

41,605,238

$

2,147,402

$

31,811,773

$

0

$

2,566,370

$

36,525,545

Section 21. 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 .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Total State Funds Budgeted .........................................................$

38,744,506
26,686,589 2,595,779 748,863 1,493,275 864,892 1,029,431 1,798,120 2,103,779 380,286 1,113,000 28,780 (98,288)
38,744,506 38,744,506

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

$

3,173,340

$

9,527,527

$

11,567,555

$

7,025,183

$

7,450,901

$

38,744,506

$

3,173,340

$

9,527,527

$

11,567,555

$

7,025,183

$

7,450,901

$

38,744,506

Section 22. Office of the Governor. Budget Unit: Office of the Governor..................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ..................................................$

21,494,323 9,718,202
480,101 185,053
0 70,866 308,890 781,760 218,996 32,796,755 2,955,315 40,000 2,500,000 162,000 3,000,000 325,910 50,000

TUESDAY, FEBRUARY 20, 1990

1447

Art Acquisitions - State Funds .....................................................$

Children's Trust Fund Grants ......................................................$

Children and Youth Grants...........................................................$

Juvenile Justice Grants ..................................................................$

Payments to Hazardous Waste

0

Management Authority ..............................................................$

Transition Fund ..............................................................................$

Austerity Factor ..............................................................................$

Total Funds Budgeted....................................................................$

State Funds Budgeted ....................................................................$

40,000 1,179,130
100,000 1,358,936
300,000 50,000 (34,041) 56,587,873 21,494,323

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 Comission Total

$

5,707,315

$

918,479

$

5,194,014

$

4,093,510

$

2,188,560

$

33,259,251

$

339,491

$

659,035

$

753,020

$

1,624,648

$

1,682,374

$

0

$

168,176

$

56,587,873

$

5,707,315

$

838,479

$

5,194,014

$

3,574,510

$

2,188,560

$

381,007

$

139,491

$

659,035

$

483,714

$

477,648

$

1,682,374

$

0

$

168,176

$

21,494,323

Section 23. Department of Human Resources. A. Budget Unit: Departmental
Operations ................................................................$ 1. General Administration and
Support Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 ........................................................$

522,356,717
66,785,291 3,919,846 1,808,450 935,174 190,389 2,729,886 5,823,382 1,393,628 3,325,241 783,730 1,517,080 0
200,000
10,152,954 13,382,850

1448

JOURNAL OF THE HOUSE,

Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

258,000 36,175,037
(127,993) 149,252,945
0 69,294,686

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Indirect Cost Facilities Management Public Affairs Community/ Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office of Children and Youth Planning Councils Community Services Block Grant Regulatory Services Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning and Development Agency Total

$

815,721

$

1,892,796

$

347,356

$

1,850,002

$

0

$

5,344,658

$

603,855

$

666,550

$

1,765,938

$

5,624,435

$

2,164,739

$

543,500

$

13,382,850

$

544,472

$

8,893,046

$

738,787

$

2,602,476

$

813,026

$

6,427,801

$

469,239

$

885,184

$

5,957,167

$

31,316,069

$

13,365,782

$

40,808,351

$

1,429,145

$ 149,252,945

$

815,721

$

1,892,796

$

347,356

$

1,850,002

$

(7,006,985)

$

3,834,325

$

603,855

$

666,550

$

1,765,938

$

5,624,435

$

2,164,739

$

543,500

$

12,795,132

$

152,817

$

0

$

728,787

$

2,602,476

$

479,723

$

1,790,906

$

469,239

$

668,094

$

125,150

$

5,098,908

$

12,558,716

$

17,346,361

$

1,376,145

$

69,294,686

2. Public Health Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$

51,087,039 59,917,021 1,271,249
0 165,937 609,634 1,122,557 783,559 3,671,442
0

TUESDAY, FEBRUARY 20, 1990

1449

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 .............................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

115,370 640,000
4,936,795
2,055,000 7,600,000
415,000 2,837,470
2,358,000 520,790
70,664,239 12,889,426 6,417,887
(480,203) 229,598,212
0 135,269,594

Public Health Functional Budgets

Total Funds

State Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants

$

889,399

$

390,453

$

1,335,275

$

1,882,070

$

1,063,937

$

1,043,083

$

2,038,352

$

1,538,351

$

608,496

$

1,610,469

$

1,705,601

$

12,789,944

$

10,618,174

$

3,189,944

$

10,519,558

$

60,669,402

$

1,845,012

$

12,397,754

$

1,408,276

$

699,136

$

4,076,787

$

1,022,813

$

5,466,728

$

3,038,111

$

10,256,316

$

974,134

$

3,670,500

$

4,624,942

$

889,399

$

325,453

$

1,250,275

$

1,714,013

$

1,063,937

$

968,496

$

1,508,352

$

964,148

$

0

$

326,687

$

1,552,057

$

6,702,379

$

9,391,483

$

1,089,489

$

6,486,318

$

0

$

1,634,837

$

10,154,784

$

1,408,276

$

699,136

$

3,960,929

$

534,041

$

5,346,728

$

1,977,611

$

10,256,316

$

775,783

$

3,164,940

$

4,624,942

1450

JOURNAL OF THE HOUSE,

Grants in Aid to Counties Community Health Management Community Care Aids Total

$

58,149,553

$

514,797

$

3,172,060

$

6,388,785

$

229,598,212

$

51,213,304

$

431,665

$

1,256,060

$

3,597,756

$

135,269,594

3. Rehabilitation Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 .....................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding .................................................................$ State Funds Budgeted....................................................................$

67,090,176 9,860,836
817,417 40,275
328,814 1,950,090 3,169,604 1,434,453 4,502,068
977,500 0
425,050
234,000 16,400,000
52,000 939,000 7,350,000 (44,968) 115,526,315
0 25,342,230

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

$

4,091,824

$

1,027,401

$

7,660,153

$

18,520,799

$

13,091,044

$

24,752,004

$

812,694

$

36,933,437

$

520,340

$

1,478,519

$

6,205,550

$

432,550

$

115,526,315

$

1,307,286

$

876,197

$

1,516,025

$

5,245,704

$

745,339

$

0

$

0

$

7,985,015

$

315,340

$

713,224

$

6,205,550

$

432,550

$

25,342,230

4. Family and Children Services Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $

15,319,718 1,495,718 401,331 0 82,091

TUESDAY, FEBRUARY 20, 1990

1451

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 ......................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

15,605,189 234,908
1,318,156 5,816,986
9,373 1,587,359 347,805,997
220,288,485 49,910,685 3,592,550
2,306,200 (623,139) 665,151,607
0 292,450,207

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 Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support County DFACS Operations-
Employability Program Total

$

1,398,919

$ 337,209,978

$

100

$

10,051,000

$

63,544,375

$

95,226,717

$

51,360,467

$

7,120,286

$

2,512,000

$

859,835

$

4,561,731

$

4,208,407

$

4,823,313

$

18,591,470

$

3,081,213

$

0

$

2,427,505

$

2,000,000

$

23,098,678

$

3,255,404

$

1,382,106

$

4,398,292

$

15,865,300

$

154,200

$

776,500

$

1,207,050

$

3,488,260

$

2,548,501

$ 665,151,607

$

0

$ 129,738,948

$

100

$

0

$

15,938,636

$

47,282,620

$

25,395,838

$

7,120,286

$

0

$

859,835

$

3,759,438

$

4,208,407

$

2,305,674

$

9,965,085

$

3,081,213

$

(6,979,557)

$

2,017,747

$

2,000,000

$

16,343,357

$

2,806,000

$

1,187,428

$

2,832,797

$

15,865,300

$

154,200

$

776,500

$

1,184,595

$

3,331,510

$

1,274,250

$ 292,450,207

Budget Unit Object Classes:

1452

JOURNAL OF THE HOUSE,

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ 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 ......................................................$ Austerity Factor ..............................................................................$
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 .................................................................................$

200,282,224 75,193,421 4,298,447 975,449 767,231 20,894,799 10,350,451 4,929,796 17,315,737 1,770,603 3,644,859 0
4,936,795
2,055,000 7,600,000
640,000 415,000 2,837,470
2,358,000 520,790
70,664,239 10,152,954 63,293,535 16,400,000
52,000 347,805,997
220,288,485
434,000 11,207,437 58,720,663 (1,276,303)
517,857,575
405,137,149 37,873,718 1,272,583 753,625 3,952,277 4,994,492 1,537,534 3,287,446 7,007,334 13,835,528 160,000 1,734,166
2,211,320

TUESDAY, FEBRUARY 20, 1990

1453

Grants to County-Owned Detention Centers .......................................................................$
Substance Abuse Community Services ...................................................................$
Mental Retardation Community Services ...................................................................$
Mental Health Community Services ...................................................................$
Community Mental Health Center Services ............................................................................$
Special Purpose Contracts .............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

2,773,270
43,122,295
92,611,843
18,485,834
63,565,955 1,495,600 5,683,940 613,000
(1,400,400) 710,708,509
0 517,857,575

Community Mental Health/Mental Retardation, Youth Services and Institutions Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Developmental Disabilities
Grant 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

$

40,427,121

$

32,409,363

$

30,652,916

$

23,198,145

$

30,219,102

$

32,292,144

$

137,424,097

$

26,134,880

$

47,292,235

$

23,400,320

$

3,268,754

$

9,473,158

$

4,627,173

$

990,872

$

69,963,585

$

18,105,961

$

667,658

$

455,756

$

1,581,694

$

63,351,654

$

403,103

$

25,174,098

$

13,512,513

$

26,334,858

$

19,711,283

$

22,571,943

$

24,143,105

$

90,002,340

$

22,188,968

$

23,913,652

$

18,814,626

$

2,418,103

$

9,389,828

$

3,046,422

$

0

$

42,227,585

$

18,105,961

$

639,193

$

455,756

$

1,390,917

$

47,521,159

$

403,103

1454

JOURNAL OF THE HOUSE,

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 Substance Abuse Residential Services Total

$

1,629,592

$

$

297,101

$

$

336,518

$

$

3,757,781

$

$

17,188,954

$

$

78,438

$

$

10,874,571

$

$

19,817,592

$

$

11,033,054

$

$

7,708,939

$

$

4,225,993

$

$

4,186,484

$

$

14,259,760

$

$

2,954,659

$

$

1,010,577

$

$

738,755

$

$

7,181,409

$

$

774,390

$

$

442,417

$

$

2,653,639

$

$

3,218,195

$

$

710,708,509

$

Section 24. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade.................................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Local Welcome Center Contracts .................................................$ Advertising and Cooperative
Advertising ...................................................................................$ Georgia Ports Authority
Authority Lease Rentals.............................................................$ Historic Chattahoochee
Commission Contract..................................................................$ Georgia Council for
International Visitors..................................................................$ Waterway Development in
Georgia ..........................................................................................$ Georgia Music Week Promotion ...................................................$

1,407,592
297,101 336,518
3,757,781
17,188,954
78,438 8,360,857
19,327,592 10,645,201
7,633,496 4,101,270 3,741,756 14,259,760 2,954,659 1,010,577
738,755 6,181,409
774,390
442,417
2,653,639
0 517,857,575
18,166,947
7,704,933 1,721,533
349,000 34,880 73,000
135,260 649,340 260,000 300,650 245,000
5,651,184
1,785,000
90,000
25,000
50,000 35,000

TUESDAY, FEBRUARY 20, 1990

1455

Georgia World Congress Center Operating Expenses ....................................................................$
Contract - Georgia Association of Broadcasters ............................................................................$
Southern Center for International Studies ..................................................................$
Capital Outlay .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

0
53,000
25,000 0
(30,709) 19,157,071 18,166,947

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

5,692,430

$

5,082,520

$

8,382,121

$

19,157,071

$

4,882,430

$

4,922,520

$

8,361,997

$

18,166,947

Section 25. Department of Insurance. Budget Unit: Department of Insurance .............................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ High Risk Health Insurance Board..............................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

13,735,876
11,829,860 563,961 751,170 96,000 78,208 480,405 529,664 249,625 51,600 0 (39,545)
14,590,948 13,735,876

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loan Regulation Fire Safety and Mobile
Home Regulations Total

$

2,146,696

$

6,613,544

$

700,705

$

5,130,003

$

14,590,948

$

2,146,696

$

6,468,544

$

700,705

$

4,419,931

$

13,735,876

Section 26. Department of Labor. Budget Unit: Department of Labor ....................................................$ State Operations:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$

8,333,164
63,975,800 5,381,433 1,021,174 0 458,221 3,566,198 1,263,002

1456

JOURNAL OF THE HOUSE,

Telecommunications .......................................................................$ Per Diem, Fees and
Contracts(JTPA) .........................................................................$ Per Diem, Fees and Contracts ......................................................$ W.I.N. Grants ..................................................................................$ Payments to State Treasury..........................................................$ Capital Outlay .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

1,415,647
64,634,911 1,791,256 0 1,774,078 1,143,000 (47,078)
146,377,642 8,333,164

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Services Total

$

5,441,278

$

17,224,546

$ 113,711,818

$

136,377,642

$

897,767

$

2,841,494

$

4,593,903

$

8,333,164

Section 27. 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 .................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

9,331,170
8,419,064 420,000 132,000 0 46,356 224,635 462,241 98,164 60,000 110,000 (31,290)
9,941,170 9,331,170

Section 28. Department of Medical Assistance. Budget Unit: Medical Services ............................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ 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 1990 Benefits ..........................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

733,627,858
13,013,034 602,926 195,670 0 73,625
14,993,335 935,973 385,605
26,396,598
1,939,729,834
38,970,000 772,500
47,666,386 (22,330)
2,083, 713,156 733,627,858

TUESDAY, FEBRUARY 20, 1990

1457

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Offices Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursements Benefits, Penalties
and Disallowances Total

$

1,976,082

$

27,391,749

$

17,347,727

$

2,820,298

$

4,477,794

$

3,355,616

$ 2,026,343,890 $ 2,083,713,156

$

859,457

$

2,385,921

$

4,812,005

$

464,527

$

1,731,588

$

1,625,714

$ 721,748,646 $ 733,627,858

Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ........................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Insurance Claims Payments .............................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Agency Assessments........................................................................$

0
8,077,287 1,672,096
84,509 55,553 3,108,575 885,042 415,177 63,190,077 593,308,729 (31,812) 670,765,233 9,838,416

Employee and Employer Contributions ...............................................................................$

660,855,932

Deferred Compensation..................................................................$ State Funds ......................................................................................$

70,885 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

$

2,749,086

$

0

$

1,223,566

$

0

$

1,281,210

$

0

$

1,363,140

$

0

$

17,721,108

$

0

$ 642,459,260

$

0

$

2,403,660

$

0

$

1,564,203

$

0

$ 670,765,233

$

0

Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources .................................................................. $
Operations Budget: Personal Services.............................................................................$

77,443,332 59,707,200

1458

JOURNAL OF THE HOUSE,

Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Land and Water Conservation
G r a n t s ............................................................................................ $ 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............................................................$ Payment to Georgia Agricultural Exposition Authority ..................................................................$ Historic Preservation Grant ..........................................................$ Environmental Facilities Grants ...................................................$ Georgia Boxing Commission .........................................................$ Lanier Regional Committee...........................................................$ Paving at State Parks and Historic Sites................................................................................$ Grant - Chehaw Park Authority ...................................................$ Grant - Zoo Atlanta ........................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Receipts from Jekyll Island State Park Authority ..................................................................$

11,944,610 516,190
1,594,437 2,173,104
743,627 1,837,353 1,157,997 1,536,720
800,000 615,000
300,000
125,000
2,361,700
350,000 225,000 865,000 2,318,000
0
206,000 50,000
510,000
2,082,000
20,000
0 125,000 385,000
10,000
300,000 150,000
2,379,900 275,000
6,500,000 6,000
13,000
500,000 250,000 250,000 (230,358) 102,952,480
314,594

TUESDAY, FEBRUARY 20, 1990

1459

Receipts from Stone Mountain Memorial Association .................................................................$
Indirect DOAS Funds.....................................................................$ State Funds Budgeted....................................................................$

815,000
0 77,443,332

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

$

8,560,168

$

27,584,065

$

37,337,724

$

27,599,590

$

1,870,933

$ 102,952,480

$

6,281,605

$

23,634,839

$

21,815,449

$

23,930,506

$

1,780,933

$

77,443,332

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................$
Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

0
1,432,445 1,344,116
24,000 11,000 69,088 27,000
0 17,500 490,826
0 3,415,975
0

Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

3,415,915

$

0

Section 31. Department of Public Safety. A. Budget Unit: Department of Public
Safety ........................................................................ $ 1. Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ State Patrol Posts Repairs
and Maintenance .........................................................................$ Capital Outlay .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding ...................................................$ State Funds Budgeted....................................................................$

86,663,472
48,644,899 7,350,589 153,500 2,885,000 953,050 4,758,000 67,491 1,129,000 180,000
200,000 0
(189,025) 66,132,504
0 66,132,504

1460

JOURNAL OF THE HOUSE,

2. Driver Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Conviction Reports .........................................................................$ Driver License Processing ..............................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding ...................................................$ State Funds Budgeted ....................................................................$

15,040,760 1,625,434 36,920 0 128,497 28,000 37,507 361,600 88,350 2,025,000 232,500 981,600 (55,200)
20,530,968 0
20,530,968

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

18,695,526

$

20,530,968

$

47,436,978

$

86,663,472

$

18,695,526

$

20,530,968

$

47,436,978

$

86,663,472

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 .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

14,457,184
7,286,522 2,746,653
125,500 37,500 194,050 428,705 97,078 163,550 869,000 2,843,665
0 (28,904) 14,763,319 14,130,319

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 ..................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

409,670 28,600 13,000 0 0 40,000 69,988 4,000 23,800
3,500,000 (815)
4,088,243 326,865

TUESDAY, FEBRUARY 20, 1990

1461

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

$

4,088,243

$

4,853,482

$

1,008,478

$

1,238,431

$

433,620

$

321,384

$

6,907,924

$

18,851,562

State Funds

$

326,865

$

4,853,482

$

988,478

$

1,158,431

$

433,620

$

321,384

$

6,374,924

$

14,457,184

Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System .................................................$
Departmental Operations Budget: Payments to Employees' Retirement System..................................................................$ Employer Contributions.................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

12,089,043
389,043 11,700,000 12,089,043 12,089,043

Section 33. Public Service Commission. Budget Unit: Public Service
Commission ..............................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

7,830,791
6,578,134 418,270 244,500 52,324 92,699 303,673 309,828 120,716
1,232,000 (21,922)
9,330,222 7,830,791

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,735,657

$

3,198,241

$

4,396,324

$

9,330,222

$

1,735,657

$

1,857,254

$

4,237,880

$

7,830,791

Section 34. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction ................................................$ Resident Instruction Budget:

784,337,781

1462

JOURNAL OF THE HOUSE,

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 .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Departmental Income .....................................................................$ Sponsored Income ...........................................................................$ Other Funds .....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
B. Budget Unit: Regents Central Office and Other Organized Activities ................................................................... $
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations .................................................................$ Operating Expenses: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................$ Fire Ant and Environmental Toxicology Research ...................................................................$ Agricultural Research .....................................................................$ Advanced Technology Development Center ...................................................................$ Capitation Contracts for Family Practice Residency.........................................................$ Residency Capitation Grants.........................................................$ Student Preceptorships ..................................................................$ Center for Rehabilitation Technology ...................................................................................$ SREB Payments..............................................................................$ Medical Scholarships ......................................................................$ Regents Opportunity Grants .........................................................$ Regents Scholarships ......................................................................$ Rental Payments to Georgia Military College ...........................................................................$ CRT Inc. Contract at Georgia Tech Research Institute .......................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Departmental Income .....................................................................$ Sponsored Income ...........................................................................$ Other Funds .....................................................................................$ Indirect DOAS Services Funding .................................................$

819,742,974 110,000,000
219,685,743 125,000,000
14,000,000
350,000 380,000 302,000 100,000
0 0 (2,631,244) 1,286,929,473 31,000,000 235,000,000 236,591,692 0 784,337,781
146,822,449
206,152,204 65,005,330
92,912,194 36,173,630
232,000 2,088,427
1,450,618
2,759,684 2,594,400
158,000
737,778 9,193,650 1,017,750
600,000 200,000
865,000
211,000 (356,023) 421,995,642
0 98,660,299 176,512,894
0

TUESDAY, FEBRUARY 20,1990

1463

State Funds Budgeted ....................................................................$

146,822,449

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 Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
Teaching Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Total

$

1,757,407

$

3,688,492

$

1,437,178

$

125,653,141

$

5,974,287

$

51,140,296

$

50,004,022

$

148,991,908

$

3,018,473

$

2,354,820

$

6,198,100

$

1,905,403

$

2,543,435

$

17,328,680

$ 421,995,642

$

1,233,407

$

1,556,193

$

987,178

$

13,625,808

$

2,296,287

$

34,775,419

$

33,704,022

$

31,552,288

$

3,018,473

$

521,820

$

6,198,100

$

0

$

24,774

$

17,328,680

$ 146,822,449

C. Budget Unit: Georgia Public Telecommunications Commission ..............................................................$
Public Telecommunications Commission Budget: Personal Services.............................................................................$ Operating Expenses ........................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Other Funds .....................................................................................$ State Funds Budgeted ....................................................................$

8,045,499
5,980,801 8,084,722
(12,733) 14,052,790 6,007,291 8,045,499

Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$

80,097,289
47,634,473 3,999,677 1,410,700
174,200 589,825 9,747,765 4,728,258 764,568 266,275

1464

JOURNAL OF THE HOUSE,

County Tax Officials/Retirement and FICA ......................................................................................$
Grants to Counties/Appraisal Staff...............................................................................................$
Motor Vehicle Tags and Decals ....................................................$ Postage ..............................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

3,064,285
1,430,000 3,167,650 3,305,260 (185,647) 80,097,289
0 80,097,289

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

$

7,737,710

$

11,888,831

$

3,632,870

$

16,743,536

$

8,094,172

$

16,574,540

$

6,414,083

$

4,557,193

$

4,454,354

$

80,097,289

$

7,737,710

$

11,888,831

$

3,632,870

$

16,743,536

$

8,094,172

$

16,574,540

$

6,414,083

$

4,557,193

$

4,454,354

$

80,097,289

Section 36. Secretary of State. Budget Unit: Secretary of State..........................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Election Expenses ...........................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

22,008,846 14,763,904
2,255,094 235,200 96,500 77,121 826,611
2,272,731 300,095 589,856 650,000 (58,266)
22,008,846 22,008,846

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

$

3,141,596

$

4,742,892

$

4,376,570

$

1,341,398

$

960,317

$

193,517

$

7,252,556

$

22,008,846

$

3,141,596

$

4,742,892

$

4,376,570

$

1,341,398

$

960,317

$

193,517

$

7,252,556

$

22,008,846

Occupational Certification Functional Budgets

Board Costs

Cost of Operations

S.B. of Accountancy

$

40,000

$

240,743

TUESDAY, FEBRUARY 20, 1990

S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers
Commission S.B. of Barbers S.B. of Chiropractic
Examiners State Construction Industry
Licensing Board S.B. of Cosmetology G.B. of Dentistry G.B. of Examiners of
Licensed Dieticians S.B. of Professional
Engineers and Land Surveyors S.B. of Registration for Foresters S.B. of Funeral Services S.B. of Registration for Professional Geologists S.B. of Hearing Aid Dealers and Dispensers G.B. of Landscape Architects S.B. for the Certification of Librarians Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists Composite S.B. of Medical Examiners S.B. of Nursing Home Administrators G.B. of Nursing S.B. of Dispensing Opticians S.B. of Examiners in Optometry S.B. of Occupational Therapy S.B. of Pharmacy S.B. of Physical Therapy S.B. of Podiatry Examiners S.B. of Polygraph Examiners G.B. of Examiners of Licensed Practical Nurses G.B. of Private Detective and Security Agencies S.B. of Examiners of Psychologists S.B. of Recreation Examiners S.B. of Examiners for Speech Pathology and Audiology S.B. of Registration for Used Car Dealers S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders and Salvage Dealers

$

91,500

$

800

$

8,300

$

19,000

$

21,000

$

112,000

$

46,500

$

63,000

$

7,700

$

74,000

$

3,600

$

20,500

$

3,900

$

7,000

$

15,400

$

2,400

$

104,000

$

72,000

$

13,500

$

7,500

$

11,500

$

26,000

$

81,000

$

17,000

$

5,500

$

3,800

$

50,800

$

13,500

$

18,000

$

17,500

$

9,000

$

6,500

$

14,600

$

11,300

1465

$

196,650

$

7,396

$

52,203

$

142,493

$

146,921

$

623,648

$

828,762

$

363,856

$

22,868

$

343,966

$

32,929

$

177,307

$

20,295

$

48,693

$

44,615

$

18,454

$

1,155,353

$

966,882

$

53,381

$

24,173

$

44,382

$

73,733

$

528,087

$

64,653

$

15,387

$

33,282

$

581,601

$

304,841

$

122,034

$

71,925

$

33,477

$

28,069

$

218,710

$

51,274

1466

JOURNAL OF THE HOUSE,

S.B. of Veterinary Medicine S.B. of Examiners for
Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis Total

$

45,500

$

129,196

$

14,700

$

1,087,800

$

160,266

$

7,988,806

B. Budget Unit: Real Estate Commission .........................................$ Real Estate Commission Budget:
Personal Services:............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

1,566,286
903,760 140,000
12,000 19,000 16,400 235,721 113,700 22,000 107,300 (3,595) 1,566,286 1,566,286

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$

1,566,286

$

1,606,286

Section 37. Soil and Water Conservation Committee. Budget Unit: Soil and Water
Conservation Committee .......................................$ Soil and Water Conservation Budget
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Conservation Grants .........................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

1,959,277
942,188 127,871 72,300
10,450 19,600 5,600 50,405 19,220 442,420 610,396 (3,448) 2,297,002 1,959,277

Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission ..............................................................$ Administration Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................ $ Computer Charges...........................................................................$ Telecommunications .......................................................................$

23,380,129
4,169,264 382,851 65,800 12,000 25,000 357,668 132,000

TUESDAY, FEBRUARY 20, 1990

1467

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....................................................................$

17,757 381,625 4,210,000 15,032,175 5,020,320
38,000
104,500 200,000
462,030
444,425 31,055,415 23,380,129

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Total

$

5,162,340

$

381,625

$

25,511,450

$

31,055,415

$

0

$

381,625

$

22,998,504

$

23,380,129

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Equipment ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Cost-of-Living Increases for Local
Retirement System Members ....................................................$ Floor Fund for Local
Retirement Systems ....................................................................$ Post Retirement Benefit
Increases for Retirees..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

3,700,000
2,915,000 307,000 26,000 9,000 454,000 301,000 114,000 339,000
2,950,000
750,000
0 8,165,000 3,700,000

Section 40. Department of Technical and Adult Education.
Budget Unit: Department of Technical and Adult Education ..............................................$
Department of Technical and Adult Education Budget:

130,029,068

1468

JOURNAL OF THE HOUSE,

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ 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 ....................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

4,060,896 340,242 128,000 0 8,000 704,701 442,636 62,000
1,634,800 85,298,283 19,660,207
0 5,819,976 25,924,147 2,834,381 7,813,654 (450,000) 154,281,923 130,029,068

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

7,336,425

$

146,915,498

$

154,281,923

$

6,240,369

$

123,788,699

$

130,029,068

Section 41. Department of Transportation. Budget Unit: Department of
Transportation ........................................................$ For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment ........................................................................................ $ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Grants to Counties ..........................................................................$ Grants to Municipalities ................................................................$ Capital Outlay - Airport
Approach Aid and Operational Improvements ..............................................................................$ Capital Outlay - Airport Development ................................................................................$ Mass Transit Grants .......................................................................$ Savannah Harbor Maintenance Payments ......................................................................................$ Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction....................................................................$ G.O. Debt Sinking Fund ................................................................$

506,164,923
236,105,509 55,215,731
1,818,631 1,151,000 5,056,695 4,644,846 1,356,023 2,200,916 10,505,640 472,216,259 9,317,013 9,317,000
1,467,500
1,270,000 8,509,511
1,217,000
0 10,640,000

TUESDAY, FEBRUARY 20, 1990

1469

Capital Outlay - Local Assistance Road Program (LARP)...............................................................$
Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

40,000,000 (7,861)
872,001,413 506,164,923

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

$ 562,155,251

$ 242,684,790

$

8,744,767

$

9,317,013

$

22,580,214

$ 845,482,035

$ 217,321,831

$ 231,218,210

$

8,107,732

$

9,317,013

$

22,035,214

$ 488,000,000

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 Total

$

9,317,000

$

750,000

$

1,757,060

$

13,478,318

$

1,217,000

$

26,519,378

$

9,317,000

$

750,000

$

1,257,060

$

5,623,863

$

1,217,000

$

18,164,923

Section 42. Department of Veterans Service. Budget Unit: Department of Veterans
Service ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Operating Expense/Payments to
Central State Hospital................................................................$ Operating Expense/Payments to
Medical College of Georgia ........................................................$ Regular Operating Expenses
for Projects and Insurance.........................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

21,692,772
4,827,118 121,252 89,000 0 89,420 13,812 227,338 56,000 20,100 0
15,193,873
5,859,083
214,000 (51,200) 26,659,796 21,692,772

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville

$

5,352,063

$

15,380,906

$

5,130,693

$

12,064,144

1470

JOURNAL OF THE HOUSE,

Veterans Nursing Home - Augusta
Total

$

5,926,827

$

26,659,796

$

4,497,935

$

21,692,772

Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board ........................................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ E q u i p m e n t ........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Georgia Crime Victims Assistance
Program ........................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

8,231,498
6,729,669 307,375 68,350 0 3,830 218,900 614,677 104,660 110,500
200,000 (26,463) 8,331,498 8,231,498

Section 44. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ............................................$ State of Georgia General Obligation Debt Sinking Fund (New) ...............................................$ Supreme Court.

293,035,382 25,937,000

The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

Section 46. 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 47. 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.

TUESDAY, FEBRUARY 20, 1990

1471

Section 48. 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 49. 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 50. 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 51. Provisions Relative to Section 18, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,632.38. 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 18, 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 1991.
From the Appropriations in Section 18, 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 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 1991 that it contributed during SFY 1990.
Provided, however, that professional development funds may be used to provide study grants directly to individuals, to provide for courses and to provide for the administration and development of testing.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Section 52. Provisions Relative to Section 23, 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

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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 $ 235
356 424
500
573 621 672 713 751 804
860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530
568

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.
The Division of Mental Health, Mental Retardation and Substance Abuse is authorized and directed to expend an amount not to exceed $2,340,000 of receipts from the Department of Medical Assistance in excess of the $74,000,000 of such receipts contemplated in this appropriations act. Such funding shall be applied toward the following programs and purposes in no more than the amounts shown thereby:

Regular Operating Expense State institutions
Computer Charges - State and Regional Hospitals
Per Diem, Fees and Contracts Physician coverage at State institutions
Community Mental Health, Mental Retardation and Substance Abuse programs
3 MR residential slots in Chatham Co.

$ 531,000
65,000
139,000
1,550,000 55,000

In any instance in which such excess receipts from the Department of Medical Assistance may not be applied toward the purposes listed above, the Department is authorized to transfer State funds to accomplish the intent of this paragraph.

Section 53. Provisions Relative to Section 26. Department of Labor. The Department of Labor is authorized to transfer up to $1,774,078 of funds budgeted for State Treasury Payments to Personal Services for the purpose of supplanting Federal funds in order to avoid closing Department offices during regular work periods. The exercise of this authority by the Department shall not be construed as a cancellation of obligation to make this or any future payments to the State Treasury.

Section 54. Provisions Relative to Section 28, Department of Medical Assistance. Provided that of the State fund appropriation to the Department of Medical Assistance, $18,383,114 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1990.

Section 55. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $164.46 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 1991 shall not exceed ten and one-half percent (10.50%).

TUESDAY, FEBRUARY 20, 1990

1473

Section 56. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 30 (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 30.
From the appropriation in Section 30 (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 30, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Planning Commissions which employ Preservation Planners as of July, 1990.
Section 57. Provisions Relative to Section 31, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instructors utilizing federal funds.
Provided, that of the appropriation relating to the Department of Public Safety, Budget Unit "B", the Office of Planning and Budget is authorized and directed to transfer seven training positions and operating costs associated with those positions from the Georgia Public Safety Training Center to the Georgia Police Academy.
Section 58. Provisions Relative to Section 34, Board of Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 59. Provisions Relative to Section 40, Department of Technical and Adult Education. None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing,. constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 60. Provisions Relative to Section 41, 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.

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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 41 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 61. In addition to all other appropriations for the State fiscal year ending June 30, 1991, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $8,520,000 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 ($8,400,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 62. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 63. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 64. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal matter.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 65. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State Funds which have been appropriated to supplant Federal Funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and

TUESDAY, FEBRUARY 20, 1990

1475

Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 66. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 67. 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 68. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal Funds.
Section 69. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly.
Section 70. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each 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 71. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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 the purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.

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(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 72. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 73. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re- appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 74. Wherever in this Act the term "Austerity Factor" appears and is followed by a negative number, the annual operating budget common object classes shall be reduced in an amount sufficient to eliminate such austerity factor.

Section 75. Provisions Relative to Section 44, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby, with maturities not to exceed two-hundred forty months.

Project/Purpose

Principal Amount

Debt Service

Developmental Highway Construction
Local School Construction Regional Crime Laboratory
Construction Board of Regents Facilities Public Library Construction Trinity-Washington Building
Renovations Parking Facility - Georgia
Institute of Technology Board of Regents - Herty
Foundation Agriculture Building
Renovations Judicial Building Renovations Regional Reservior Construction Parking Facility - Georgia State
University Law School Building - University
of Georgia

$ 135,000,000 64,945,000
1,600,000 23,500,000 12,925,000
2,000,000
5,500,000
3,900,000
1,000,000 1,500,000 1,500,000
3,500,000
2,500,000

$

13,500,000

6,494,500

160,000 2,350,000 1,292,500

200,000

550,000

390,000

100,000 150,000 150,000

350,000

250,000

TUESDAY, FEBRUARY 20, 1990

1477

Section 76. 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 Revenue Office of the Governor Dept. of Law Soil and Water Conservation
Commission Dept. Natural Resources

$

19,850,590

$

2,377,779

$

1,221,400

$

478,610

$

51,042

$

15,470

$

57,369

$

30,413

$

125,352

Section 77. Cost-of-Living and Other Increses. In addition to all other appropriations, there is hereby appropriated $150,349,291 for the following purposes: 1.) An increase of 2.5% with a minimum increase of $450 per annum for full-time employees of the Executive, Judicial and Legislative branches of state government, effective July 1, 1990; 2.) For teachers, public librarians, and other instructional and support personnel, an increase from $18,357 to $18,541 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; an additional 1% increase beginning the 6th year and an additional 1.5% beginning the 8th year: 3.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.9% to 3.0%, effective September 1, 1990; 4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1990; 5.) For University System employees, a 2.5% salary increase to be effective September 1, 1990, for academic contracted personnel and for a 2.5% salary increase, effective July 1, 1990, for non-academic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; 6.) An increase of 2.5% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended as authorized in said act, Code Section 45-7-4; 7.) For two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System; and 8.) For cost-ofliving increases in retirement benefits to partially offset the taxation of such benefits as provided by House Bill lEX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by HB 738 enacted at the 1990 regular session of the General Assembly.

Section 78. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1991 .................................................................................$ 7,785,000,000

Section 79. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 80. 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 1314, 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 1314 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

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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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates y Beck
Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch
Y Breedlove Brooks
Y Brown Y Buck Y Buford y Byrd
YCampbell Y Carrell Y Carter YChambless Y Chance
Cheeks

Y Childers
Y Clark,B
Y Clark,H Y Clark,L Y Coleman YColwell
Y Connell
Couch Y Crawford Y Crooby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G
Davis,M YDixon,H YDixon,S y Dobbs
Y Dover Dunn
Y Edwards y Ehrhart
Y Felton Y Fennel
Y Floyd,J.M YFloyd,J.W Y Footer y Godbee y Goodwin
Y Green
Y Greene Gresham
Y Griffm Y Groover Y Hamilton Y Hanner

YHarris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks 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 Y Langford
Lawrence Y Lawson YLee Y Linder y Long Y Lord Y Lucas
Y Lupton y Mangum y Martin
Y McCoy
Y McDonald Y McKelvey

Y McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller YOliver,C YOliver,M Y Orr Y Orrock Y Padgett Y Parmell YParham Y Parrish Y Patten
Y Pettit Y Pinkston y Poag
Y Porter Y Pooton Y Powell y Randall 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 YSmith,T Y Smith,W Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson YTburmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C
Y Walker,L Y Wall YWare Y Watson Y Watta y White
Y Wilder Y Williams,B
Williams,.! Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Dunn of the 73rd was out due to outpatient surgery and wished to be recorded as voting "aye" on HB 1314.

By unanimous consent, the following Resolution of the Senate was withdrawn from the General Calendar and recommitted to the Committee on Human Relations and Aging:

SR 305. By Senators Shumake of the 39th, Tate of the 38th, Scott of the 36th and others:
A resolution creating the Governor's Commission on the Social Status of Black Males.

The following communication was received:

TUESDAY, FEBRUARY 20, 1990

1479

House of Representatives Atlanta, Georgia 30334
February 21, 1990
Clerk, House of Representatives Room 309, State Capitol Atlanta, Georgia 30334
Dear Mr. Clerk:
Please be advised that I was taken to the Doctor for emergency outpatient surgery on the afternoon of 2-20-90. I request the Journal to indicate I was excused for medical emergency.
Sincerely,
/s/ Wesley Dunn
WD/mm

The following communication was received:

OFFICE OF THE GOVERNOR State Capitol, Atlanta, Georgia 30334
Memorandum

To:

HOUSE, SENATE AND SECRETARY OF STATE

From: RUSTY SEWELL

Subject: LINE ITEM VETOS IN HOUSE BILL 1288, ACT NO. 720

Date: FEBRUARY 19, 1990

Please be advised that Governor Harris has line item vetoed the following Sections in House Bill 1288, Act No. 720:
Last Paragraph of Section 53, Page 65 Section 70, Page 72 Section 74, Page 75
/ch Attachments

Representative Balkcom of the 140th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:

Your Committee on Game, Fish & Parks has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1787 Do Pass HB 1807 Do Pass HR 811 Do Pass

SB 490 Do Pass SB 422 Do Pass

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JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Balkcom of the 140th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 999 Do Pass, by Substitute HB 1383 Do Pass, by Substitute

HR 809 Do Pass, by Substitute SB 560 Do Pass

Respectfully submitted, /s/ Childers of the 15th
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 Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SR 380 Do Pass SB 637 Do Pass
Respectfully submitted, Is/ Jackson of the 9th
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1425 Do Pass, by Substitute HB 1490 Do Pass, by Substitute HB 1621 Do Pass

HB 1658 Do Pass HB 1659 Do Pass, by Substitute HB 1480 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 118th
Chairman

Representative Alford of the 57th left early on Tuesday, February 20, 1990, because of illness.

Representative Groover of the 99th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

TUESDAY, FEBRUARY 20, 1990

1481

The Speaker announced the House adjourned until10:00 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 21, 1990

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 Philip A. May, Pastor, First Baptist Church, Warrenton, Georgia.
Representative Bargeron of the 108th, 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 1972. By Representative Carrell of the 65th: A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the date of municipal elections; to provide for election of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1973. By Representative Carrell of the 65th: A bill to provide a new charter for the City of Jersey.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1974. By Representatives Teper of the 46th and Richardson of the 52nd: A bill to amend Code Section 47-20-10 of the Official Code of Georgia Annotated, relating to minimum employer contributions to retirement systems under the "Public Retirement Systems Standards Law," so as to provide that prefunding anticipated future costs of providing health care benefits for retired employees shall not be subject to such minimum funding requirements.
Referred to the Committee on Retirement.

WEDNESDAY, FEBRUARY 21, 1990

1483

HB 1975. By Representative Carrell of the 65th:
A bill to provide a $20,000.00 homestead exemption from Social Circle School District ad valorem taxes for educational purposes for certain disabled residents of that school district who have annual incomes not exceeding $15,000.00.
Referred to the Committee on State Planning & Community Affairs - LocaL

HB 1976. By Representative Carrell of the 65th:
A bill to provide a $20,000.00 homestead exemption from Social Circle School District ad valorem taxes for educational purposes for certain residents of that school district who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - LocaL
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 1977. By Representative Allen of the 127th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of talent agencies by the joint-secretary of the state examining boards.
Referred to the Committee on State Planning & Community Affairs.

HB 1978. By Representatives Wilder of the 21st, Aiken of the 21st, Gresham ofthe 21st and Ehrhart of the 20th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for certain eligible employers who provide certain health coverage to eligible individuals and their dependents; to provide for definitions; to provide for qualification standards.
Referred to the Committee on Ways & Means.

HB 1979. By Representatives Holland of the 136th and Hudson of the 117th:
A bill to amend an Act amending, consolidating, and superseding the several Acts of the General Assembly of the State of Georgia pertaining to the City of Ashburn, so as to provide that the mayor and councilmembers shall serve for two-year terms; to provide for elections.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1980. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating the State Court of Rockdale County, so as to change the provisions relating to the salary of the judge of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1981. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, so as to change the provisions relating to the compensation of the judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1982. 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 provisions relating to the compensation of the chairman and the other members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1983. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a Magistrate's Court of Rockdale County, so as to change the provisions relating to the annual salary of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1984. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, so as to change the provisions relating to the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1985. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1986. 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 to reincorporate the City of Forest Park in the County of Clayton, so as to change the corporate limits.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1987. By Representative Holland of the 136th:
A bill to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, so as to change the method of filling vacancies on such board.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 21, 1990

1485

HB 1988. By Representative Holland of the 136th:
A bill to amend an Act providing a new charter for the City of Warwick, so as to provide that the mayor and members of the city council shall serve for two-year terms; to provide for elections.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1989. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the provisions relating to the salary of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1990. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the provisions relating to the compensation of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1991. By Representative Holland of the 136th:
A bill to amend an Act establishing the State Court of Worth County, so as to change the salary of the solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1992. By Representatives Holland of the 136th and Hanner of the 131st:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change a certain provision relating to the employment of deputies.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1993. By Representatives Thomas of the 69th, Jones of the 71st, Simpson of the 70th, Kilgore of the 42nd, Cummings of the 17th and others:
A bill to amend an Act known as the "West Georgia Regional Water Authority Act," so as to include Carroll County as a member county of the West Georgia Regional Water Authority; to change the membership of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1994. By Representatives Wilder of the 21st, Clark of the 20th, Aiken of the 21st, Ehrhart of the 20th, Thompson of the 20th and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.
Referred to the Committee on State Planning & Community Affairs - Local.

1486

JOURNAL OF THE HOUSE,

HB 1995. By Representatives Clark of the 20th, Thompson of the 20th, Vaughan of the 20th, Aiken of the 21st, Atkins of the 21st and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 911. By Representatives McKinney of the 40th, Couch of the 36th, Walker of the 85th, Randall of the 101st, Thurmond of the 67th and others:
A resolution proposing an amendment to the Constitution so as to provide that all money derived by the state from motor fuel taxes be appropriated for all activities incident to providing and maintaining an adequate system of public roads and bridges and mass transportation facilities and systems in this state and for grants, as authorized by law, to counties for roads and bridges and to municipalities, counties, area planning and development commissions, authorities, state agencies, and public mass transportation operators for mass transportation facilities and systems.
Referred to the Committee on Ways & Means.

HR 912. By Representatives Abernathy of the 39th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, McDonald of the 12th and others:
A resolution relative to establishment of the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; establishing a conference steering committee.
Referred to the Committee on Health & Ecology.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1952 HB 1953 HB 1954 HB 1955 HB 1956 HB 1957 HB 1958 HB 1959 HB 1960 HB 1961 HB 1962 HB 1963 HB 1964 HB 1965 HB 1966 HB 1967 HB 1968

HB 1969 HB 1970 HB 1971 HR 885 HR 886 HR 887 HR 908 HR 909 HR 910 SB 477 SB 634 SB 641 SB 671 SB 706 SB 715 SR 332 SR 402

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 21, 1990
Mr. Speaker and Members of the House:

WEDNESDAY, FEBRUARY 21, 1990

1487

The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below:

HB 1248 HB 1607 HB 1641 HB 1651 HB 1660 HB 1673 HB 1677 HB 1679 HB 1686 HB 1692 HB 1711 HB 1713 HB 1720 HB 1728 HB 1742 HB 1752 HB 1753 HB 1790

Local Gov't.; Cert. Bldgs.; Display Names of Cert. Officials (Rec) Controlled Sub.; Forfeitures; Dispose of Seized Property; Time Education; First Grade Readiness; Assessment Blasting/Excavating Near Underground Pipes; Notification County Boards of Equalization; Notice of Appeal Filing Fee Railroads; Special Officers; Residency Requirements Motor Vehicle; Financial Responsibility; Habitual Offender Real Estate; Salesperson's License; Reinstatement Requirement Boilers/Pressure Vessels; Cert. Exceptions; Provisions (Rec) NE Ga. Surface/Air Trans. Commission; Add Member County Income Tax; Teachers Ret.; One-Time Exclusion of Cert. Contribution Chattooga County; Compensation of Cert. Official; Repeal Provision Public Contracts; Bids; Certain Amount Jails; Incarceration; Full-Time Jailer on Duty Dentures; Marked With Name or Social Security Number Uninsured Motorist Coverage; Deductible Amount (Rec) Workers' Comp.; Deductibles Optional to the Policy Holder Funeral Directors and Embalmers; Revise Code

HR 832 Transportation Dept.; Dangers of DUI; Urge Posting of Signs

SB 478 Solid Waste Disposal; Permit Provisions SB 665 Dimension Lumber; Grading; Standards

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted,
Is/ Lee of the 72nd
Chairman

Representative Lord of the 107th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1914 Do Pass
Respectfully submitted,
Is/ Lord of the 107th
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 886 Do Pass

1488

JOURNAL OF THE HOUSE,

Respectfully submitted,
Is/ Lee of the 72nd
Chairman

Representative Colwell of the 4th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the
following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 834 Do Pass, by Substitute HR 850 Do Pass SB 612 Do Pass

SB 678 Do Pass, by Substitute SB 680 Do Pass SR 410 Do Pass

Respectfully submitted,
Is/ Colwell of the 4th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs 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 862 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1917 Do Pass HB 1919 Do Pass HB 1920 Do Pass HB 1921 Do Pass HB 1922 Do Pass HB 1923 Do Pass HB 1931 Do Pass HB 1932 Do Pass HB 1933 Do Pass

HB 1934 Do Pass HB 1935 Do Pass HB 1936 Do Pass HB 1937 Do Pass HB 1947 Do Pass HB 1949 Do Pass HB 1950 Do Pass HB 1918 Do Pass HB 1928 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

WEDNESDAY, FEBRUARY 21, 1990

1489

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1918.

By Representative Barnett of the lOth:
A bill to provide a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, for the full value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or 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:

Aaron Abernathy Y Adams Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Barnett,M YBates YBeck Y Benefield Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Brown Buck Buford Y Byrd YCampbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H
Y Clark,L YColeman YColwell Y Connell
Couch 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 Dobbe
Dover YDunn
Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Y Hanner

Y Harris Hasty
Y Heard
Y Herbert Y Holcomb Y Holland
Holmes YHooks 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
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long
YLord
Lucas Lupton y Mangum y Martin
Y McCoy
Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett
Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson y Royal y Selman
Y Simpson
Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens
Y Streat Y Teper
YThomas,C YThomas,M Y Thompson YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall YWare Y Watson Y Watts
White Wilder Y Williams B Y Williams) Y Yates YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1928.

By Representative Bannister of the 62nd:
A bill to provide a homestead exemption from all City of Lilburn ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $5,000.00 of the assessed value of the homestead for certain residents of the City of Lilburn and in the amount of $10,000.00 of the assessed value of the homestead for certain other residents of the City of Lilburn who are 65 years of age or over or who are disabled.

1490

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken Y Alford
Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown Buck Buford Y Byrd Y Campbell
Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch 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
Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Y Hanner

Y Harris Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford
Y Lawrence Y Lswson
YLee Y Linder Y Long Y Lord
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett
Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall Y Ranaom YRay Y Reaves
Redding
Y Richardson Ricketson
Y Robinson y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Y Streat Y Teper YThomas,C YThomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1917.

By Representative Barnett of the lOth:
A bill to provide for the creation of the Johns Creek Community Improvement 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 roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B

Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsoug Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown Buck Buford Y Byrd

Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman YColwell Y Connell
Couch Y Crawford

Y Crosby Y Cummings,B Y Curnmings,M
Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs
Dover YDunn
Edwards YEhrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee y Goodwin
Y Green Y Greene Y Gresham YGriffin
Groover Y Hamilton Y Hanner
YHarris Hasty
Y Heard

WEDNESDAY, FEBRUARY 21, 1990

1491

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 Jobnaon Y Jones Y Kilgore
Kingston
YLane,D Lane,R
Y Langford Y Lawrence

Y Lawson YLee Y Linder YLong y Lord
Lucaa Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y MueUer

Y Oliver,C
Oliver,M YOrr Y Orrock Y Padgett
PanneU YParbam Y Parrish Y Patten Y Pettit
Y Pinkston y Poag
Y Porter Y Poston Y PoweU y Randall
Y Ransom YRay Y Reaves
Redding
Y Richardson

Ricketson Y Robinson y Royal y Selman
Y Simpeon Y Sinkfield Y Smitb,L YSmitb,P
Smitb,T Smitb,W
Smyre YSnow Y Stancii,F Y Stancii,S
Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M

YThompeon YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watta
White Wilder Y Williama,B Y Williama,J Y Yatea YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1919. By Representative Birdsong of the 104th:
A bill to create the Joint Wilkinson-Mcintyre-Irwinton-Toomsboro Water and Sewer Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken Y Alford Y AUen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Barnett,M Y Batea Y Beck Y Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Brooks Brown Buck Buford y Byrd
YCampbeU Y CarreU Y Carter YCbambless
Chance Y Cheeks

Y Childers Y Clark,B
Y Clark,H Y Clark,L
YColeman Y ColweU Y ConneU
Couch 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
Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M YFloyd,J.W
Y Foster y Godbee
Y Goodwin YGreen Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Hanner

YHarris 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 Jobnaon Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord Lucaa Lupton
y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y MueUer Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett
PanneU YParbam Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston YPoweU YRandaU YRansom YRay YResves
Redding Y Richardson
Ricketson Y Robinson y Royal y Selman
Y Simpeon Y Sinkfield

Y Smitb,L Y Smitb,P
Smitb,T Smitb,W
Smyre YSnow Y Stancii,F Y Stancii,S
Stanley Y Steele Y Stephens
Y Streat Y Teper YThomas,C YThomas,M YThompeon
YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson
Y Watta White Wilder
Y Williama,B YWilliams,J Y Yatea YYeargin
Murphy,Spkr

1492

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1920.

By Representatives Ehrhart of the 20th, Clark of the 20th, Wilder of the 21st, Thompson of the 20th, Gresham 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 number of assistant district attorneys and investigators to be appointed in said circuit and to change the compensation of the chief investigator and the investigators.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B Barnett,M
YBates y Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Brooks Brown Buck Buford
YByrd YCampbell Y Carrell Y Carter
Y Chambless Chance
Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L YColeman YColwell
Y Connell Couch
Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Davis,C Y Davis,G Y Davis,M Y Di:r.on,H Y Dixon,S Y Dobbs
Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee y Goodwin
YGreen Y Greene Y Greaham Y Griffin
Groover Y Hamilton Y Hanner

Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W
Y Jamieson Y Jenkins
Y Johnson Y Jones
Y Kilgore Kingston
Y Lane,D Lane,R
Y Langford Y Lswrence Y Lswson
YLee Y Linder y Long
Y Lord Lucas Lupton
y Mangum
YMartin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr
Y Orrock Y Padgett
Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell y Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson y Royal y Selman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson
YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vanghan Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Yates y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1921.

By Representative Branch of the 137th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the chairman of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, FEBRUARY 21, 1990

1493

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Barnett,M Y Bates Y Beck Y Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Brooks Brown Buck Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch 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
Dover
YDunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffm
Groover Y Hamilton Y Hanner

YHarris Hasty
Y Heard Y Herbert
Y Holcomb Y Holland
Holmes YHooks 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 Lane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long y Lord
Lucas Lupton y Mangum
YMartin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C Y Meadows
Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOrr Y Orrock Y Padgett
Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston y Poag
Y Porter
Y Poston YPowell y Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson y Royal
YSelman Y Simpson
Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow Y Stancii,F Y Stancii,S Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson YThurmond YTitus Y Tolbert Townsend y Twiggs
Y Vanghan Y Waddle Y Walker,C Y Walker,L YWall YWare Y Watson Y Watte
White Wilder Y Williams,B Y Williams,.! Y Yatee Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1922.

By Representatives Herbert of the 76th, Adams of the 79th, Yates of the 75th and Heard of the 43rd:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the superior court judges of that judicial circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Batee

Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown Bu<!k Buford Y Byrd Y Campbell Y Carrell Y Carter YChambless

Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L YColeman YColweU Y ConneD
Couch Y Crawford Y Crosby Y Cummings,B YCummings,M
Davis,C Y Davis,G Y Davis,M

Y Dixon,H
Y Dixon,S
Y Dobbs Dover
YDunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee y Goodwin
Y Green Y Greene Y Gresham

Y Griffin Groover
Y Hamilton Y Hanner YHarris
Hasty Y Heard Y Herbert YHolcomb Y Holland
Holmes YHooks Y Howren Y Hudson y Irwin
Y Isakson Y Jackson,J

1494

JOURNAL OF THE HOUSE,

Y Jackson,W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOrr
Y Orrock Y Padgett
Pannell

Y Parham
Y Parriah Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston YPowell y Randall
Y Ranaom YRay
Y Reaves Redding
Y Richardson Ricketson
Y Robinson y Royal
YSelman

YSimpaon Y Sinkfield
Y Smith,L Y Smith,P
Smith,T Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompaon YThurmond

YTitua Y Tolbert
Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall YWare Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Yatea YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1923. By Representative Oliver of the 121st:
A bill to amend an Act creating a new charter for the City of Glennville, 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 roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adama Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B Barnett,M Y Batea Y Beck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Brown Buck Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L YColeman Y Colwell Y Connell
Couch Y Crawford Y Croeby Y Cummings,B Y Cummings,M
Davis,C Y Davis,G Y Davis,M Y Dixon,H
Y Dixon,S Y Dobbs
Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foeter Y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Hanner

Y Harris
Hasty
YHeard Y Herbert
Y Holcomb Y Holland
Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Iaakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long
Y Lord Lucas Lupton
Y Mangum YMartin Y McCoy
Y McDonald Y McKelvey

McKinney,B Y McKinney,C
YMeadows Milam
Y Mobley Y Moody Y Morton Y Moultrie YMueller Y Oliver,C
Oliver,M YOrr Y Orrock Y Padgett
Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poeton Y Powell y Randall
Y Ranaom YRay Y Reaves
Redding
Y Richardson Ricketson
Y Robinson YRoyal y Selman
Y Simpaon Y Sinkfield

On the passage of the Bill, the ayes were 145, nays 0.

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompaon
Y Thurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson
Y Watts White Wilder
Y Williams,B Y Williams,J Y Yatea y Yeargin
Murphy,Spkr

WEDNESDAY, FEBRUARY 21, 1990

1495

The Bill, having received the requisite constitutional majority, was passed.

HB 1931.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide that future school superintendents of the Henry County School District shall be appointed by the board of education rather than elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy
Y Adams Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M
Y Bates Y Beck Y Benefield
Beno Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Brown Buck
Buford Y Byrd YCampbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch 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
Dover YDunn
Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Hanner

Y Harris Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R
Y Langford Y Lawrence Y Lawson Y Lee Y Linder y Long
YLord Lucas Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinoey,C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett
Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter
Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield

Y Smitb,L Y Smith,P
Smitb,T Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat Y Teper
Y Thomas,C Y Thomas,M YThompson
YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson
Y Watts White Wilder
Y Williams,B YWilliams,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.

HB 1932. By Representatives Bostick of the I 38th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to change the compensation of the members of the board of commissioners other than the chairman.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams

Aiken Y Alford Y Allen

Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Bamett,B

1496

JOURNAL OF THE HOUSE,

Bamett,M YBates y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown Buck
Buford Y Byrd Y Campbell
Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch 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 Dover
YDunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffm
Groover Y Hamilton Y Hanner
YHarris Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes
YHooks Y Howren

Y Hudson Y Irwin Y Isakaon
Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong Y Lord
Lucas Lupton y Mangum
Y Martin YMcCoy
Y McDonald Y McKelvey
McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody

Y Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOrr Y Orrock Y Padgett
Pannell YParham Y Parrish Y Patten Y Pettit
Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson y Royal y Selman Y Sirnpeon Y Sinkfield Y Smith,L Y Smith,P
Smith,T

Smith,W Smyre YSnow Y Stancil,F
Y Stancil.S Stauley
Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M Y Thompeon
YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan Y Waddle
Y Walker,C Y Walker,L YWall YWare Y Watson
Y Watts White Wilder
Y Williams,B y Williams,J
Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1933. By Representatives Allen of the 127th, Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd and Mueller of the 126th:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to authorize the judges of the Magistrate Court of Chatham County to set aside a certain portion of the filing fees to fund a mediation service.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Bamett,M
Y Bates y Beck Y Benefield
Benn Y Birdsong

Y Bishop
Y Bostick
Y Branch Y Breedlove
Brooks Brown Buck Buford Y Byrd Y Campbell
Y Carrell Y Carter Y ChambleBB
Chance Y Cheeks Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell

Y Connell Couch
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 Dover
YDunn
Edwards y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foeter

Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffm
Groover Y Hamilton Y Hanner YHarris
Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakaon

Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins
Y Johnson YJones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong y Lord
Lucas Lupton y Mangum
Y Martin

WEDNESDAY, FEBRUARY 21, 1990

1497

YMcCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr

Y Orrock Y Padgett
Pannell YParbam Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter
Y Poston Y Powell y Randall Y Ransom YRay

Y Reaves Redding
Y Richardson
Ricketson Y Robinson y Royal y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow

Y Stancil,F Y Stancil,S
Stanley Y Steele
Y Stephens Y Streat Y Teper
YThomas,C YThomas,M YThompson
YThurmond Y Titus Y Tolbert
Townsend y Twiggs

Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder Y Williams B Y Williams) 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.

HB 1934.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide for the election of future members of the board of education of the Henry County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Brown Buck
Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Y Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby
Y Cummings,B Y Cumminge,M
Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S
Y Dobbs Dover
YDunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Hanner

YHarris Hasty
YHeard Y Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingeton Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long y Lord
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOrr Y Orrock Y Padgett
Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter
Y Poston Y Powell y Randall
Y Ransom YRay
Y Reaves Redding
Y Richardson Ricketson
Y Robinson y Royal y Selman
Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 145, nays 0.

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson
YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C Y Walker,L
YWall YWare Y Watson
Y Watts White Wilder
Y Williams,B Y Williams,J Y Yates y Yeargin
Murphy,Spkr

1498

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 1935.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to authorize the governing authority of Henry 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:

Aaron Abernathy Y Adams Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks
Brown Buck
Buford Y Byrd YCampbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell
Couch 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
Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Y Hanner

Y Harris Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson
Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett
Pannell YParham
Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson y Royal
Y Selman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson
Y Thurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J 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.

HB 1936.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act incorporating the City of McDonough, so as to change certain provisions regarding punishment and sentencing by the municipal court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 21, 1990

1499

Aaron Abernathy Y Adams Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M
YBates y Beck
Y Benefield Benn
Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Brown Buck
Buford Y Byrd Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L
Y Coleman YColwell Y Connell
Couch Y Crawford Y Crosby
Y Cummings,B Y Cumminga,M
Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs
Dover YDunn
Edwards YEhrbart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Hanner

YHarris Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks 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 YLane,D
Lane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long YLord
Lucas Lupton y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B Y McKinney,C
YMeadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOrr Y Orrock Y Padgett
Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter
Y Poston Y Powell y Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson y Royal
YSelman Y Simpson
Y Sinkfield

Y Smith,L
Y Smith,P Smith,T Smith,W
Smyre YSnow Y Stancii,F Y Stancii,S
Stanley Y Steele Y Stephens Y Streat Y Teper Y Tholll88,C YThomas,M YThompson YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall
YWare Y Watson
Y Watts White Wilder
Y Williams,B Y Williams,J 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.

HB 1937. By Representatives Allen of the 127th, Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd and Mueller of the !26th:
A bill to amend an Act creating the State Court of Chatham County, so as to require the clerk of said court to set aside a certain portion of filing fees to fund a mediation service.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy
Y Adams Aiken
Y Alford
Y Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates Y Beck Y Benefield

Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown Buck Buford Y Byrd Y Campbell Y Carrell Y Carter YChambless Chance Y Cheeks Y Childers Y Clark,B

Y Clark,H Y Clark,L Y Coleman YColwell Y Connell
Couch 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
Dover
YDunn Edwards

Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham
Y Griffin Groover
Y Hamilton Y Hanner YHarris
Hasty Y Heard Y Herbert

Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Yirwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford

1500

JOURNAL OF THE HOUSE,

Y Lawrence
Y Lawson YLee Y Linder y Long
Y Lord 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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Y Orr Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston y Poag

Y Porter
Y Poston Y Powell y Randall Y Ranaom YRay
Y Reaves Redding
Y Richardson Ricketson
Y Robinson y Royal
Y Selman Y Simpaon Y Sinkfield Y Smith,L Y Smith,P

Smith,T
Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M Y Thompson YThurmond Y Titus Y Tolbert

Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C
Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder YWilliams,B Y Williams,J Y Yates YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1947.

By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act changing the composition and providing for the election of the Board of Education of Appling County, so as to provide for staggered terms of office of members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy
Y Adams Aiken
Y Alford Y Allen Y Athon
Y Atkina Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Bamett,M YBatea Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks
Brown Buck Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Y Clark,B
Y Clark,H Y Clark,L Y Coleman YColwell Y Connell
Couch 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
Dover
YDunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W
Y Foster Y Godbee Y Goodwin
Y Green Y Greene
Y Gresham Y Griffm
Groover Y Hamilton Y Hanner

YHarris Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes YHooks Y Howren Y Hudson Ylrwin Y laakson Y Jackson,J
Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston YLane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long y Lord
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 Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett
Pannell YParham Y Parrish Y Patten Y Pettit
Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ranaom YRay Y Reaves
Redding Y Richardson
Ricketson
Y Robinson y Royal y Selman
Y Simpaon Y Sinkfield

On the passage of the Bill, the ayes were 145, nays 0.

Y Smith,L
Y Smith,P Smith,T Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C YThomas,M YThompaon
YThurmond Y Titus Y Tolbert
Townsend YTwiggs Y Vaughan Y Waddle Y Walker,C Y Walker,L
Y Wall YWare Y Watson Y Watts
White Wilder
YWilliams,B Y Williams,J Y Yates YYeargin
Murphy,Spkr

WEDNESDAY, FEBRUARY 21, 1990

1501

The Bill, having received the requisite constitutional majority, was passed.

HB 1949.

By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act providing a new charter for the City of Baxley, so as to provide for the annexation of certain streets, roads, and highways into the corporate limits of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken Y Alford Y Allen Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M
Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Brown Buck Buford Y Byrd YCampbell
Y Carrell Y Carter
Y Chambless Chance
Y Cheeks

Y Childers
Y Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell
Couch 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
Dover
YDunn Edwarda
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Y Hanner

Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes
YHooks Y Howren Y Hudson Ylrwin Y Iaskson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston
Y Lane,D Lane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long
Y Lord Lucas Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKiuney,B
Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M YOn Y Onock Y Padgett
Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston YPowell y Randall
Y Ransom YRay Y Reaves
Redding
Y Richardson Ricketson
Y Robinson y Royal y Selman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre
YSnow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend YTwiggs Y Vaughan Y Waddle Y Walker,C Y Walker,L
Y Wall YWare Y Watson
Y Watts White Wilder
YWilliams,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.

HB 1950.

By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act creating a Board of Commissioners of Appling County, so as to provide for staggered terms for the members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron
Abernathy Y Adams

Aiken Y Alford Y Allen

Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron
Y Barnett.B

1502
Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown Buck Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Couch Y Crawford Y Crosby Y Cummings,B YCummings,M

JOURNAL OF THE HOUSE,

Davis,C
Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs
Dover
YDunn Edwards
YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Hanner Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren

Y Hudson
Ylrwin Y Iaakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D
Lane,R Y Langford
Y Lawrence Y Lawson
YLee Y Linder Y Long y Lord
Lucas Lupton
Y Mangum YMartin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody

Y Morton
Y Moultrie Y Mueller Y Oliver,C
Oliver,M Y Orr Y Orrock Y Padgett
Pannell Y Parham
YParrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell y Randall
Y Ranaom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson y Royal
YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith,T

Smith,W Smyre YSnow Y Stancii,F
Y Stancii,S Stanley
Y Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson YThurmond Y Titus Y Tolbert
Townsend y Twigga
Y Vaughan
Y Waddle Y Walker,C Y Walker,L
Y Wall YWare Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J
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.

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 434. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations.

SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th and others:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements.

WEDNESDAY, FEBRUARY 21, 1990

1503

SB 644. By Senator Barnes of the 33rd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to create a Waste Reduction Assistance Service at an institution within the University System of Georgia; to provide for the functions, duties, and powers of the service; to provide for licenses and fees; to provide for severability and construction; to provide for related matters; to provide an effective date.

SB 695. By Senators Garner of the 30th, Howard of the 42nd and Edge of the 28th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require that nursing homes be equipped with certain sprinkler systems.

SB 696. By Senators Baldwin of the 29th, Edge of the 28th and Howard of the 42nd:
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 change the provisions relating to low phosphorus household laundry detergents; to provide for a statement of purpose; to provide for definitions.

SB 704. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Election Code," so as to make it unlawful for any election official during his term of office for himself or on behalf of any business or for any business in which such election official or member of his family has a substantial interest to transact any business with the county or any agency or authority thereof or with any municipality located wholly or partly within such county.

SB 716. By Senators Taylor of the 12th, Perry of the 7th, Collins of the 17th and others:
A bill to amend Code Section 25-2-16 of the Official Code of Georgia Annotated, relating to regulation of the storage, handling, and transportation of hazardous materials, so as to provide that certain aboveground storage tanks for diesel fuel shall not be prohibited.

HB 923. By Representatives Byrd of the 153rd, Greene of the 130th and Porter of the 119th:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.

HB 1163. By Representatives Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 42-4-32 of the Official Code of Georgia Annotated, relating to sanitation and health requirements of detention facilities generally, meals, inspections, and medical treatment, so as to change the provisions relating to sanitation and health requirements and standards; to repeal conflicting laws.

1504

JOURNAL OF THE HOUSE,

SB 724. By Senator Tate of the 38th:
A bill to amend an Act creating a county-wide library system in Fulton County, as amended, so as to provide for a per diem allowance to be paid to certain members of the board of trustees; to provide an effective date.

HB 1569. By Representative Breedlove of the 60th:
A bill to create a new charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Norcross to be exercised by the governing authority.

HB 1783. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act reincorporating and providing a new charter for the City of Baxley, so as to change the provisions relative to terms of office and election of members of the city council.

HB 1796. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a new charter for the City of Conyers, so as to change the provisions relating to the election and terms of office of the mayor and council members.

HB 1800. By Representative Chance of the 129th:
A bill to provide a homestead exemption from Effingham County School District ad valorem taxes of $10,000.00 for residents of said district who are 65 years of age or over.

HB 1805. By Representatives Porter of the 119th and Coleman of the 118th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, so as to change the compensation of the tax commissioner.

HB 1809. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 887. By Representatives Lane of the 111th and Godbee of the llOth:
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.

WEDNESDAY, FEBRUARY 21, 1990

1505

HB 1761.

By Representative Green of the 106th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change provisions relating to the compensation and allowances of the chairperson and members of the board.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:

SR 423. By Senators Fuller of the 52nd, Barnes of the 33rd and Peevy of the 48th:
A resolution proposing an amendment to the Constitution so as to provide that no person who has been convicted of a felony involving moral turpitude shall be eligible to hold any office or appointment of honor or trust in this state unless that person's civil rights have been restored and ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; to provide for the submission of this amendment for ratification or rejection.

SR 432. By Senator English of the 21st:
A resolution providing that the Department of Natural Resources should not promulgate certain requirements applicable to gasoline service stations until such time as amendments to the Federal Clean Air Act have been finalized by Congress; to provide an effective date.

The Senate recedes from its amendment to the following Bill of the House:

HB 1207.

By Representatives Lawson of the 9th, Walker of the 115th, Jackson of the 9th, Lee of the 72nd and Teper of the 46th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipalities may enter into multi-year installment purchase contracts.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 434. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations.
Referred to the Committee on Insurance.

SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th and others:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements.
Referred to the Committee on Judiciary.

1506

JOURNAL OF THE HOUSE,

SB 644. By Senator Barnes of the 33rd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to create a Waste Reduction Assistance Service at an institution within the University System of Georgia; to provide for the functions, duties, and powers of the service; to provide for licenses and fees; to provide for severability and construction; to provide for related matters; to provide an effective date.
Referred to the Committee on University System of Georgia.

SB 695. By Senators Garner of the 30th, Howard of the 42nd and Edge of the 28th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require that nursing homes be equipped with certain sprinkler systems.
Referred to the Committee on Industry.

SB 696. By Senators Baldwin of the 29th, Edge of the 28th and Howard of the 42nd:
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 change the provisions relating to low phosphorus household laundry detergents; to provide for a statement of purpose; to provide for definitions.
Referred to the Committee on Game, Fish & Parks.

SB 704. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Election Code," so as to make it unlawful for any election official during his term of office for himself or on behalf of any business or for any business in which such election official or member of his family has a substantial interest to transact any business with the county or any agency or authority thereof or with any municipality located wholly or partly within such county.
Referred to the Committee on Governmental Affairs.

SB 716. By Senators Taylor of the 12th, Perry of the 7th, Collins of the 17th and others:
A bill to amend Code Section 25-2-16 of the Official Code of Georgia Annotated, relating to regulation of the storage, handling, and transportation of hazardous materials, so as to provide that certain aboveground storage tanks for diesel fuel shall not be prohibited.
Referred to the Committee on Industry.

SB 724. By Senator Tate of the 38th:
A bill to amend an Act creating a county-wide library system in Fulton County, as amended, so as to provide for a per diem allowance to be paid to certain members of the board of trustees; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 21, 1990

1507

SR 423. By Senators Fuller of the 52nd, Barnes of the 33rd and Peevy of the 48th:
A resolution proposing an amendment to the Constitution so as to provide that no person who has been convicted of a felony involving moral turpitude shall be eligible to hold any office or appointment of honor or trust in this state unless that person's civil rights have been restored and ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Governmental Affairs.

SR 432. By Senator English of the 21st:
A resolution providing that the Department of Natural Resources should not promulgate certain requirements applicable to gasoline service stations until such time as amendments to the Federal Clean Air Act have been finalized by Congress; to provide an effective date.
Referred to the Committee on Industry.

Representative Orr of the 9th served notice that at the proper time he would move that the Committee on Rules be instructed to report the following Resolution back to the House:

HR 631. By Representatives Orr of the 9th, Langford of the 7th, Clark of the 20th, Ehrhart of the 20th, White of the 132nd and others:
A resolution proposing an amendment to the Constitution so as to limit persons serving in the office of Lieutenant Governor to two consecutive fouryear terms of office; to provide that no person who has served two consecutive terms of office as Lieutenant Governor may be elected to that office until after the expiration of four years from the conclusion of his final term; to limit persons serving as Speaker of the House of Representatives to four consecutive two-year terms.

Representative Parham of the 105th moved that the House override the Governor's veto of Section 53, Page 55 of the following Bill of the House:

HB 1288. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1989-1990.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Abernathy N Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins N Bailey Baker N Balkcom Y Bannister Y Barfoot

Bargeron Y Barnett,B Y Barnett,M
Bates Beck N Benefield Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Brooks

Y Brown Y Buck
Y Buford N Byrd N Campbell
Carrell Y Carter YCbambless Y Chance Y Cheeks Y Childers
N Clark,B Y Clark,H

Y Clark,L
Y Coleman N Colwell N Connell
Couch
Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M YDixon,H

Y Dixon,S
N Dobbs Dover
YDunn N Edwards y Ehrhart Y Felton N Fennel Y Floyd,J.M N Floyd,J.W N Foeter
Godbee y Goodwin

1508

JOURNAL OF THE HOUSE,

Y Green N Greene Y Gresham N Griffm Y Groover Y Hamilton
Hanner
Y Harris Hasty
Y Heard N Herbert NHolcomb N Hoiland Y Holmes NHooks Y Howren N Hudson Ylrwin Y Isakson N Jackson,J
Jackson,W Y Jamieson
Jenkins

Johnson
N Jones Y Kilgore
Kingston YLane,D
Lane,R Y Langford N Lawrence
N Lawson NLee N Linder y Long
Y Lord
Lucas Lupton y Mangum
N Martin N McCoy
McDonald Y McKelvey
McKinney,B McKinney,C
Y Meadows

Milam Y Mobley Y Moody Y Morton N Moultrie Y MueUer Y Oliver,C YOiiver,M Y Orr
N Orrock Y Padgett Y PanneD YParham Y Parrish Y Patten
Pettit Y Pinkston N Poag
Y Porter Y Poston Y PoweU N RandaU Y Ransom

YRay N Reaves
Redding Y Richardson
Ricketson Y Robinson N Royal
Selman Y Simpson
Sinkfield Y Smith,L N Smith,P
Smith,T Y Smith,W N Smyre YSnow N Stsncii,F
Stsncii,S Stsnley Y Steele Stephens Y Streat Y Teper

YThomas,C Thomas,M
NThompson
YThurmond Y Titus N Tolbert
Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C
N Walker,L YWaU
Ware NWatson Y Watts y White YWilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 98, nays 42.
The motion, having failed to receive the required requisite two-thirds constitutional majority, was lost.

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 665. By Senator English of the 21st:
A bill to amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products, so as to provide for standards with respect to the grading of dimension lumber; to require persons, firms, or corporations engaged in the business of grading dimension lumber to be licensed by a certain federal authority; to define a certain 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:

Aaron Abernathy
Y Adams Aiken
Y Alford Y AUen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron
Barnett,B Y Barnett,M
YBates y Beck Y Benefield
Benn Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove

Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y CarreU Y Carter YChambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L YColeman NColweU Y ConneD
Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G

Y Davis,M YDixon,H
Dixon,S y Dobbs N Dover YDunn Y Edwards YEhrhart Y Felton Y Fennel YFioyd,J.M Y Floyd,J.W
N Foster y Godbee y Goodwin
Y Green
Y Greene YGresham N Grifim Y Groover
Y Hamilton Y Hanner YHarris y Hasty
YHeard

Y Herbert Y Holcomb Y Hoiland Y Holmes YHooks Y Howren Y Hudson y Irwin
Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong

YLord Lucas Lupton
y Mangum y Martin
YMcCoy
Y McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows
Milam Y Mobley YMoody
Y Morton Y Moultrie Y MueUer Y Oliver,C Y Oliver,M Y Orr y Orrock
Y Padgett Y PanneD YParham Y Parrish

Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves

WEDNESDAY, FEBRUARY 21, 1990

y Redding
Y Richardson Ricketson
Y Robinson Y Royal
Selman Y Simpson Y Sinkfield Y Smitb,L Y Smith,P
Smith,T

Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper
YThomas,C

YThomas,M YThompson
YThurmond Y Titus Y Tolbert
Townsend N Twiggs Y Vanghan YWaddle Y Walker,C Y Walker,L

1509
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williama,B Y Williarns,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 152, nays 5. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the Senate was withdrawn from the General Calendar and recommitted to the Committee on Health and Ecology:

SB 628. By Senators Olmstead of the 26th, Harris of the 27th, Barker of the 18th and others:
A bill to amend Code Section 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and its administrative and judicial review procedures, so as to change certain time periods for hearings for applications for a project.

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 1713. By Representative Crawford of the 5th:
A bill to repeal an Act providing that in any county having a population of not less than 21,800 and not more than 22,000 according to the United States decennial census of 1980 or any future such census the salary of the county commissioner shall be the same as the sheriff of the county.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy
Y Adams Y Aiken Y Alford Y Allen Y Atbon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates y Beck
Y Benefield Benn Birdsong
Y Bishop

Y Bostick Y Branch
Breedlove Y Brooks Y Brown Y Buck Y Buford
Byrd Y Campbell Y Carrell Y Carter YChambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Clark,L YColeman
Colwell Y Connell
Couch

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,J.M Y Floyd,J.W 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 YHooks 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
Long
Lord Lucas Lupton YMangum
YMartin Y McCoy Y McDonald Y McKelvey Y McKinney,B
McKinney,C

1510

JOURNAL OF THE HOUSE,

Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver,C Oliver,M
Y Orr
Orrock Y Padgett Y Pannell YParham

Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
YRansom YRay
Reaves Y Redding
Richardson

Y Ricketson
Y Robinson y Royal
Selman Y Simpson Y Sinkfield Y Smith,L YSmith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancii,F Y Stancii,S

Y Stanley
Y Steele Y Stephens Y Streat Y Teper YThomaa,C YThomas,M
YThompson YThurmond Y Titus Y Tolbert
Townsend Twiggs Y Vaughan

Y Waddle Y Walker,C Y Walker,L YWall
Ware Y Wataon Y Watta
White Wilder Y William.s,B y William.s,J Y Yatee 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 1677. By Representatives Ray of the 98th, Adams of the 79th and Jenkins of the 80th:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle Safety Responsibility Act," so as to change the definition of financial responsibility as it applies to habitual violators.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 1677 as follows: Page 2 - line ']_ Strike $50,000.00 and insert $25,000.00
Page 2 - line l!
Strike $100,000.00 and insert $50,000.00.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Bamett,B Y Bamett,M Y Bates y Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch

Y Breedlove
Y Brooks Y Brown Y Buck Y Buford YByrd Y Campbell Y Carrell Y Carter
Chambless Y Chance
Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L YColeman YColwell Y Connell
Y Couch Y Crawford Y Crosby Y Cumminge,B Y Cumminge,M

Y Davis,C
Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S y Dobbs
Dover
YDunn Edwards
Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W 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 YHolcomb Y Holland Y Holmes YHooks Y Howren Y Hudson Ylrwin Y Ieakson Y Jackson,.! Y Jackson,W Y Jamieson Y Jenkins Y Johnson YJones Y Kilgore
Y Kingeton YLane,D
Lane,R Y Laugford Y Lawrence

Y Lawson
YLee Y Linder
Long YLord
Lucas Lupton y Mangum
YMartin Y McCoy
Y McDonald Y McKelvey
McKinney,B
McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M YOrr

WEDNESDAY, FEBRUARY 21, 1990

1511

Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston Poag
Y Porter Y Poston Y Powell

y Randall
Y Ransom YRay
Reaves y Redding
Y Richardson Y Ricketson
Y Robinson y Royal
Y Selman Simpson
Sinkfield

Y Smith,L Y Smith,P
Smith,T YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat

Y Teper
Thomas,C YThomas,M YThompson
YThurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C

Y Walker,L YWall
Ware Y Watson
Y Watts White Wilder
YWilliams,B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1692. By Representatives Jamieson of the 11th, Dover of the 11th, Irwin of the 13th, Carrell of the 65th, Mobley of the 64th and others:
A bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989, so as to provide for an additional member county, to provide for additional members of the commission.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford
Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron
Barnett,B
Y Barnett,M Y Bates 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 Campbell Y Carrell Y Carter Y Chambless YChance
Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch 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 YDunn Y Edwards
Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
YHooks 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 Lane,R
Y Langford
Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord Lucas
Y Lupton Mangum
y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B McKinney,C
Y Meadows YMilam
Y Mobley Y Moody
Y Morton Moultrie Mueller
Y Oliver,C Oliver,M
YOrr Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston
Poag
Y Porter Y Poston YPowell y Randall Y Ransom YRay
Reaves y Redding Y Richardson Y Ricketson Y Robinson y Royal y Selman
Simpson
Y Sinkfield

On the passage of the Bill, the ayes were 149, nays 0.

Smitb,L Y Smith,P
Smith,T YSmitb,W
Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Streat Y Teper
Thomas,C YThomas,M YThompson
YThurmond Y Titus Y Tolbert Y Townsend y Twiggs Y Vaughan
Y Waddle Y Walker,C Y Walker,L Y Wall YWare
Watson Watts White Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin Murphy,Spkr

1512

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 1753. By Representatives Dover of the 11th, McKelvey of the 15th and Martin of the 26th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to provide that insurers issuing a workers' compensation insurance policy shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Y Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates y Beck
Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Y Brooks Brown
Y Bu"k Buford
y Byrd
Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby
Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H YDixon,S Y Dobbs Y Dover YDunn
Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin
Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

YHarris Y Hasty
Y Heard
Y Herbert Y Holcomb
Y Holland Y Holmes YHooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackaon,J
Jackaon,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder y Long
Y Lord Lucas
Y Lupton y Mangum
YMartin Y McCoy
Y McDonald Y McKelvey

McKinney,B McKinney,C
Y Meadows y Milam
Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver,C YOiiver,M YOrr
Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Ransom Ray 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
Smyre
YSnow Y Stancii,F Y Stancii,S Y Stanley Y Steele
Stephens Y Streat Y Teper
Thomas,C YThomas,M YThompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall YWare Y Watson Y Watte
White Wilder Y Williams,B
Y Williams,J Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain sanitary landfills and permits therefor; to provide an effective date.

WEDNESDAY, FEBRUARY 21, 1990

1513

The following substitute, offered by Representative Parrish of the 109th, was read:

A BILL
To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," as enacted by Senate Bill 533 adopted at the 1990 regular session of the General Assembly, so as to provide for permits for biomedical waste thermal treatment technology facilities; to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain municipal solid waste landfills and permits 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. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," as enacted by Senate Bill 533 adopted at the 1990 regular session of the General Assembly, is amended by adding at the end of Code Section 12-8-23.1, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, a new subsection (c) to read as follows:
"(c) No permit for a biomedical waste thermal treatment technology facility shall be issued by the director unless the applicant for such facility demonstrates to the director that a need exists for the facility by showing that there is not presently in existence within the state sufficient disposal facilities for biomedical waste being generated or expected to be generated within the state. For purposes of this article, 'biomedical waste thermal treatment technology facility' means any facility the purpose of which is to reduce the amount of biomedical waste to be disposed of through a process of combustion, with or without the process of waste to energy."
Section 2. Said part is further amended by striking Code Section 12-8-25.2, relating to sites within certain distances of significant ground-water recharge areas, and substituting in lieu thereof a new Code Section 12-8-25.2 to read as follows:
"12-8-25.2. No permit shall be issued for a municipal solid waste landfill if any part of the site is within two miles of an area that has been designated by the director as a significant ground-water recharge area unless such municipal solid waste 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. This Code section shall
not !!I!Iili' j;Q !!!!Y proposed municipal solid waste landfill for l! municipal Q!. county ~
ernment for which the director Qf the Environmental Protection Division Qf the Department Qf Natural Resources has issued_!! site acceptability letter prior !2 March.!., 1989, if such site acceptability letter did not require l! liner and leachate collection system."
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 adopted:

Representative Simpson of the 70th moves to amend the Floor substitute to SB 478 as follows:
By striking "this Code Section shall not apply to any" on lines 23 and 24 page 2 and inserting in lieu thereof the following:
"Unless the governing authority Qf the municipality adopts l! resolution requiring l!
liner and leachate collection system prior j;Q the date on which l! permit ~ issued, this
Code section shall not !!P.P!Y j;Q !!!!Y".

1514

JOURNAL OF THE HOUSE,

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 Allen
Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman YColwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M YDixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel YFloyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty
Y Heard Herbert
Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudaon Y Irwin Y 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 Linder Y Long Y 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 Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Y Padgett
Pannell YParbam Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston YPowell y Randall
Y Ransom Ray Reaves
y Redding
Y Richardson Ricketson
Y Robinson y Royal
YSebnan Y Simpson
Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T YSmith,W Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat N Teper YThomas,C YThomas,M Y Thompson YThurmond Y Titus
Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Williams,B Y Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Due to a possible conflict of interest, Representative Pannell of the 122nd was excused from voting on SB 478.
HB 1679. By Representatives Byrd of the 153rd and McCoy of the 1st:
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 a new requirement for the reinstatement of a salesperson's license; to revise the provisions relative to the granting of a real estate license to a nonresident.

The following Committee 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 a new requirement for the reinstatement of a salesperson's license; to revise the provisions relative to the granting of a

WEDNESDAY, FEBRUARY 21, 1990

1515

real estate license to a nonresident; to authorize agreements with other states relative to the granting of nonresident licenses to Georgia residents; to define certain terms; to authorize the refusal of a license or the imposition of a sanction with respect to an applicant or licensee found guilty of a violation of state or federal fair housing laws; to revise provisions relative to certain violations by real estate licensees, schools, or instructors; to provide that a cease and desist order of the Georgia Real Estate Commission shall be final after a certain time period has elapsed unless a hearing is requested; to provide for other matters relative to the foregoing; to provide an effective date and conditions relative thereto; 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 in its entirety paragraph (10) of Code Section 43-40-1, relating to definitions, which reads as follows:
"(10) 'Subdivider' means any person who causes land to be subdivided into a subdivision for himself or others or who undertakes to develop a subdivision but it does not include a public agency or officer authorized by law to create subdivisions."
Section 2. Said chapter is further amended by striking paragraph (2) of subsection (c) of Code Section 43-40-8, relating to the qualifications of real estate licensees, and inserting in its place a new paragraph (2) to read as follows:
"(2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection must qualify as an original applicant by passing a new examination as required in subsection (a) of this Code section and must complete the Sales III course before making application !Q reinstate such license."
Section 3. Said chapter is further amended by striking in its entirety Code Section 43-40-9, relating to nonresident real estate licenses, and inserting in its place a new Code Section 43-40-9 to read as follows:
"43-40-9. ~ nanresident HHtlting applieatian fer a nanresident lieense ffttiSt eemply with tftis G6fte seetietr. Nanresidents heitHftg a lieense ffll Jtme 3G, ~ shall ft6t be reqttireEl ta meet the prelieense edtJeatian and elfaminatian reqtJirements af tftis GOOe seetitm itt erder ta eanti n1:1e ta fteltl t1 lieense -after -tht1t 6ate mtless they tlllew -tht1t lieense ta ltlpse 6f' apply fer t1 lieense -tht1t i'e(jtlires ptlS8iftg t1 different qtJalifying tootmil'ltltitHt
fht-----A nanresident af tftis state may be grttttteEI: a lieettse ttp6ft meeting the age, etltt-
etttiatr, Mit~ elfaminatian req1:1irements tlS preserihed by the eammissian itt G6fte Seetieft
43-4(}-8;
fet-----A nanresident lieettse may ft6t be grttttteEI: ta ftft individ~:~al l:lftiess that indi;id~:~al
is affiliated with a resident 6f' nanresident ~ If a nanresident lieettsee terminates the affiliatian with a hreker lieettseEl by the eammissian, the lieettse ef stieh nanresident shall al:ltamatieall~ be terminated l:lftiess stieh nanresident plaees the lieettse 6ft iBaetie stattJs 6f' affiliates with aootber hreker lieettseEl by the eammissian withift l4 days;- Na lieense shall be isstted ta tlftY member, effieer, independent eantraetar, emplayee, 6f' ptll'tfter ef a Hanresident partnership 6f' earparatian l:lfttil said partnership ar earparatian (jl:ltliifies fer t1 hrttlter!s l:ieetlse; A nanresident earparatian ffttiSt ehtaift fram the Seeretary ef State a eertifieate ef a~:~tharity ta traftstlet OOsiness itt tftis state,
tdt----At the time ef filiftg tlft applieatian fer elfaminatian, t1 nanresident applieant
ffttiSt eatJSe the lieensing heEly af the applieant's resident state 6f' territary ta furBish ta the eammissian t1 eertifieatian af lieens1:1re Mit~ eepies af the reeerEls af tlftY diseiplinar~ aeti6fts taifeft ttgaHtst the applieant's lieettse itt that 6f' ether states,
(e) The impasitian af a diseiplinary aetiffll by ftftY ether lawful lieensing a1:1tharity may be gl'6tlfld fer deftitll af a lieettse ta a nanresident 6f' fer s1:1spensian 6f' re , aeatian af a lieettse isstted ta a nanresident.
(f) Prier ta the isstttlftee ef t1 lieense ta t1 nanresident, the applieant shall file with the eammissian a designatian itt writing thtlt appaints the eammissianer ta aet tlS the lieensee's ageftt; ttp6ft wh6m all juciieial Mit~ ether preeess 6f' legal ft6tiees tHreeted ta

1516

JOURNAL OF THE HOUSE,

stteh l:ieensee may be served; 8erviee t1P0ft the e6mmissitmer shaH be eqt1i, aleHt ~ pel'86ftftl set'Yiee t1P0ft the lieeHsee; G6pies 6f St1eft app6iHtmeHt, eeftified by the e6ffttHis.. ~ shaH be deemed stlffieieHt e'> ideHee there6f 8Hd shaH be admitted iH e'l>'ideHee with the llftfHe fMee 8Hd effeet tiS the 6PigiHal there6f might be admitted. lH St1eft wftttett
desigHati6H, the lieeftsee shaH agree that 8HY lawful pl'6eeS5 agttittst the lieeftsee whieft is senoed t1P0ft the e6mmissi6Her shaH be 6f the llftfHe legal fMee 8Hd validity tiS if senoed t1P0ft the lieeftsee 8Hd that the atltft6rity shaH e6HtiHtle itt fMee S6 .ffiHg tiS iffiY !iftbility
l.'eiHllffis 6tltstaHdiHg itt this state; Yp6fi the receipt 6f iiflY Stleft preee8S M fl6tiee, the e6mmissi6Her shaH immediately mail ft wpy 6f the llftfHe by eeftified mail ~ the lti8t
lHt6wH bttsiHess ttdtlress 6f the lieeHsee; (g) Pri6r t6 the isstlfmee 6f ft lieeftSe t6 ft H6HresideHt lieeftsee, the applieftHt shaH
agree itt writHtg t6 e66perate with 8HY iHestigati6H iHitiated itt aee6rdftHee with -G6de 8eeti6H 43 49 27 by pr6mptly stlpplyiHg 8HY d6etlmeHts 8HY at1th6ri11ed iH'<''estigftt6r 6f the e6mmissi6H 1ftftY reqtteSt 8Hd by pers6Hally appe&riHg tit the e6mmissi6H's ~ 6f other l6efttitm itt Ge6rgift tiS the e6mmissi6H's iH'Iestigftt6r 1ftftY ~ If the e6ffttHis.. si6H semis ft ft6tiee t6 predttee d6etlmeHts M t6 ftPpeftl' .fep -ftH iHterview with -ftH -atlth6ril'led iH, estigftt6r 6f the e6mmissi6H by eertified mail t6 the lti8t lHt6wH bttsiHess a:ddress 6f ft H6HresideHt lieeftsee 8Hd the H6HresideHt lieeftsee fails t6 ~ with that reqtteSt; the e6mmissi6H 1ftftY imp6se 6ft the H6HresideHt lieeftsee 8flY diseipliHary SftHeti6H pel'mittetl by this~
(h) The lieeftSe 6f ft resitieHt 6f this state whese resideHey is rem6ed fr6m this state
shaH at1t6m&tieally be termiHated. lH 6fder t6 etmtltlet br6kerage bttsiHess itt this l!tate; St1eft ftH iHdi, idt1al mtlSt meet the reqtliremeHts 6f this -G6de seetiefr, elfeeJlt that, if St1eft iHdi.idtlal &pplies fur 8 H6HresideHt's lieeftSe withiH fflle yea-r 6f remtWfll .6f resideHe) fr6m this l!tate; the prelieeHse edtleati6H 8Hd elfamiHftti6H reqtliremeHts 6f Gede 8eeti6H
43-4G-B shaH be 'l't'8:ieth (i) N6t .. ithstaHdiHg 8HY other pr6visi6H 6f this Gede seetiefr, the eemmissieH 8Hd
similftf lieeHsiHg at1therities 6f other ftt&tes 1ftftY eHter iHt6 wftttelt agreemeHts whieft pt'6ide fur Wflivers 6f edtlefttieH reqtliremeHts 8Hd ~ 6f elfamiHftti6HS if the e6Ht-
missimt deems the edt1eati6H 8Hd elfftlftiHatieH reqtliremeHts 6f 8Hother state t6 be StlbstaBtiftlly eqtlivaleHt t6 the reqtliremeHts 6f this ehapteF 8fttl its fltles 8fttl regalatieHs.
H6wever, applieaHts fur H6HresideHt lieeHstlre mtlSt pti8S flH elfftlftiHfttieH eeveriHg the pre, isi6HS 6f this ehapteF 8Hd other Peal estate priHeiples the e6mmissieH deems appre-
priftte fur H6HresideHts.
(a) The commission !!!!!Y grant _!! license .!2 _!! nonresident Qf this state upon the
nonresident's meeting the ~ education, and examination requirements prescribed !1Y Code Section 43-40-8 Q!, when the nonresident ~ licensed !1Y _!! similar licensing authori!.Y !!! the United States Q!: Canada, upon the nonresident's meeting the following
requirements:
(1) Showing satisfactory proof Qf current licensure!!! the applicant's resident state;
(2) Paying !!!!Y required fees;
(3) Signing _!! statement that the applicant has read the real estate license laws and
rules and regulations Qf this state and agrees .!2 abide Qy such provisions !!! all broker-
~ activity !!! this state;
(4) Affiliating with _!! resident Q!: nonresident broker if such nonresident applicant ~ an individual salesperson Q! associate broker. !f _!! nonresident licensee terminates the affiliation with _!! broker licensed !1Y the commission, the license Qf such nonresi-
dent shall automatically be terminated unless such nonresident places the license on
inactive status Q! affiliates with another broker licensed Qy the commission within 14 days. No license shall be issued .!2 !!!!Y member, officer, independent contractor, employee, Q!: partner Qf _!! nonresident partnership .2! corporation until said partner~ Q! corporation qualifies for _!! broker's license. /'1:_ nonresident corporation must obtain from the proper agency and maintain !! certificate Qf authority .!2 transact busi-
ness !!! this state;
(5) Causing the licensing body Qf the nonresident applicant's resident licensing authority _!Q furnish _!Q the commission .!! certification Qf licensure and copies Qf the records Qf !!!!Y disciplinary actions taken against the nonresident applicant's license !!!

WEDNESDAY, FEBRUARY 21, 1990

1517

that Q! other states. The imposition Qf !! disciplinary action Q.y @Y other lawful licens!!!g authority !!!!!Y be !! ground for denial Qf license !Q !! nonresident Q!: for suspension or revocation of a license issued to a nonresident; - (6) Filing with the comilllssiOn-!! designation !!! writing that appoints the real estate commissioner !Q act ~ the licensee's agent upon whom all judicial and other process Q! legal notices directed !Q such licensee !!!!!Y be served. Service upon the real estate commissioner shall be equivalent !Q personal service upon the licensee. Copies Qf such written designation, certified .Qy the real estate commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and
effect !!!! the original thereof might be admitted-:-In such written deSignatiOn, the licensee shall agree that @Y lawful process against the licensee which _\!! served upon
the real estate commissioner shall be Qf the same legal force and validity !!!! 1! served
upon the licensee and that such authority shall continue!!! force~ long .!!l! .!!!!Y liabil-
!!Y remains outstanding !!! this state. Upon the receipt Qf @Y such process Q! notice,
the real estate commissioner shall immediately mail !! ~ Qf the same .Qy certified mail, return receipt requested, !Q the last known business address Qf the licensee; and
(7) Agreeing !!! writing !Q cooperate with @Y investigation initiated .Qy the commission Q.y promptly supplying @Y documents @Y authorized investigator Qf the commission !!!!!Y request and .Qy personally appearing ~!!_ the commission's offices Q! other
location !!! Georgia !!!! the commission's investigator !!!!!Y request. !! the commission
sends !! notice !Q produce documents Q! !Q appear for an interview with an authorized investigator Qf the commission .Qy certified mail, return receipt requested, !Q the last known business address of a nonresident licensee and the nonresident licensee fails to comply with that requesCthe commission !!!!!Y impose on the nonresident licensee ~ disciplinary sanction permitted .Qy this chapter. (b) The license Qf!! resident Qf this state whose residency_\!! removed from this state shall automatically be terminated upon the moving Qf such residency from the state. In order !Q conduct brokerAAe business !!! this state, such an individual must meet the
requirements Qf this Code section for nonresidents. (c) The commission !!!!!Y enter into written agreements with similar licensing authori-
ties Qf other states !!!! necessary !!! order !Q assure Georgia licensees similar nonresident licensure in other states.
(jt @-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 outof-state 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

1518

JOURNAL OF THE HOUSE,

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.
tift ~ Whenever an out-of-state broker operating under a written agreement per-
mitted by subsection (:ff (d) 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-of-state 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 (:ff @ of this Code section and the commission's rules and regulations.
~ used !!!_ this Code section, the term 'state' shall mean !!!!Y state, district, terri-
!Q!y, possession, Q! province Qf the United States Q! Canada."
Section 4. Said chapter is further amended by striking Code Section 43-40-15, relating to the granting, revocation, or suspension of real estate licenses, in its entirety and inserting in its place a new Code Section 43-40-15 to read as follows:
"43-40-15. (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission may deny a license to a corporation or partnership if a stockholder or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integrity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been sanctioned by any legally constituted regulatory agency for violating a law regulating the sale of real estate.
(b) Where an applicant for a salesperson's license has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a license. As used !!!_ this Code section, the term
'felony' shall include !!!!Y offense which, !f committed !!!_ this state, would be deemed !!
felony, without regard !Q its designation elsewhere; and, ~ used !!!_ this Code section, the term 'conviction' shall include !! finding Q! verdict Qf guilty Q! !! ~ Qf guilty, regardless Qf whether an appeal Qf the conviction has been sought. Where an applicant for licensure has been arrested, charged, and sentenced for the commission Qf !!!!Y felony Q! !!!!Y crime involving moral turpitude and where such applicant was granted first offender treatment without adjudication Qf guilt pursuant !2 the charge, .2! pleaded nolo
contendere !2 such charge, such sentencing !!! itself ~ be !! sufficient ground for
refusal of a license. An applicant for licensure as an associate broker or a broker who has beenconvicted of any offense enumerated in this subsection may be licensed by the commission as an associate broker or a broker only if:
(1) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later;
(2) No criminal charges are pending against the applicant; and (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public.

WEDNESDAY, FEBRUARY 21, 1990

1519

(c) Where an applicant Q! licensee has been found guilty Qf ~ violation Qf the federal

fair housing law Q! the state fair housing law Qy an administrative law judge Q! !! court

Qf competent jurisdiction and after !!!!Y appeal Qf such conviction~ concluded, such con-
viction !!!!!Y !!! itself be !! sufficient ground for refusal Qf ~ license Q! the imposition of

!!!!Y sanction permitted Qy this chapter.

-

W @ Where an applicant or licensee has made a false statement of material fact

on his application or caused to be submitted or been a party to preparing or submitting

any falsified application to the commission, such action may, in itself, be a sufficient

ground for the refusal, suspension, or revocation of the license.

W (e) Grounds for suspension or revocation of a license, as provided for by this

chapter-;-shall also be grounds for refusal to grant a license.
W ill The conduct provided for in subsections (a), (b), tlftti (c)1 and (d) of this
Code section which relates to the denial of a real estate license to an applicant shall also

be grounds for sttspensien 6i' re-;eeatien 6f a lieense tlfttlef imposition Qf !!!!Y sanction

permitted Qy this chapter when the conduct is that of a licensee.

1 fg)_ If a licensee:

(1) Voluntarily surrenders his license to the commission;

(2) Allows his license to lapse due to failure to meet educational requirements pro-

vided by law; or

(3) Allows his license to lapse due to failure to pay any required fees

after the commission has filed a notice of hearing alleging that such licensee has violated

any provision of this chapter but before the commission enters a final order in the mat-

ter, then upon submission of a new application by such licensee the matters asserted in

the notice of hearing shall be deemed admitted and may be used by the commission as

grounds for refusal of a new license to such licensee.
tgt ill Where an applicant for a salesperson's, associate broker's, or broker's license

has been sanctioned by the commission or by a similar commission of any other state

or foreign country, such sanction in itself may be a sufficient ground for refusal of a

license. An applicant for licensure as an associate broker or a broker who has had a

license revoked by any occupational licensing body of this state, any other state, or any

foreign country may be licensed by the commission as an associate broker or a broker

only if:

(1) At least ten years have passed since the date that the applicant's occupational

license was revoked;

(2) No criminal charges are pending against the applicant at the time of applica-

tion; and

(3) The applicant presents to the commission satisfactory proof that the applicant

now bears a good reputation for honesty, trustworthiness, integrity, and competence

to transact the business of a licensee in such a manner as to safeguard the interest

of the public.
W ill 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 pursu-

ant to this subsection, the commission in its discretion may impose upon that licensee

any sanction permitted by this chapter."

Section 5. Said chapter is further amended by striking paragraph (1) of subsection
(a) of Code Section 43-40-25, relating to violations of said chapter by real estate licensees, schools, and instructors generally, and inserting in its place a new paragraph (1) to read
as follows: "(1) Refusing beeattse 6f raee; eel6J', sa; religi6tt; 6i' flflti6ttal 6J'igiB t6 shew, sell;- 6i'
l'eftt 8ft:Y real estate f6f' sale 6i' l'eftt t6 prespeeti e pttrehasers 6i' l'efttel'!r, Because Qf race,
color, religion,~ handicap, familial status, Q! national origin:

1520

JOURNAL OF THE HOUSE,

(A) Refusing !Q sell Q! rent after the making Qf ~ bona fide offer, .Q! refusing !Q negotiate for the sale Q! rental Qf, Q! otherwise making unavailable Q! denying, real estate !Q !!!!Y person;
(B) Discriminating against !!!!Y person !!! the terms, conditions, Q! privileges Qf sale Q! rental Qf real estate Q! !!! the provision Qf services Q! facilities !!! connection there-
with; (C) Making, printing, Q! publishing Q! causing !Q be made, printed, Q! published
!!!!Y notice, statement, Q! advertisement, with respect !Q the sale Q! rental Qf real estate, that indicates !!!!Y preference, limitation, .Q! discrimination Q! an intention !Q make !!!!Y such preference, limitation, Q! discrimination;
(D) Representing !Q !!!!Y person that !!!!Y real estate~ not available for inspection,
sale, Q! rental when such real estate ~ !!! fact ~ available; Q! (E) Representing explicitly Q! implicitly that !! change has Q! will Q! !!!.!!Y occur !!!
!! block, neighborhood, Q! area !!! order !Q induce Q! discourage the listing, purchasing,
selling, Q! renting Qf real estate;"
Section 6. Said chapter is further amended by striking paragraph (15) of subsection (a) of Code Section 43-40-25, relating to violations of said chapter by real estate licensees, schools, and instructors generally, and inserting in its place a new paragraph (15) to read as follows:
"(15) Aeeepting empleyment M eompenslttion fM appraising real estate, eontingent tlp6ft the reporting of a predetermined 8lue M isstting an appraisal repMt on real estate in whieh the lieensee has an tmdiselosed intel'est Indicating that an opinion given !Q !! potential seller, purchaser, landlord, Q! tenant regarding !! listing, lease, rental, Q! purchase price ~ an appraisal unless such licensee holds !! registration, license, Q! certifica-
tion ~ an appraiser !!! accordance with Chapter 39A Qf this title;"
Section 7. Said chapter is further amended by striking paragraph (17) of subsection (a) of Code Section 43-40-25, relating to violations of said chapter by real estate licensees, schools, and instructors generally, and inserting in its place a new paragraph (17) to read as follows:
"(17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in 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:
.(Al. to 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; or
(B) To !! citizen Qf another country acting ~ !! referral agent !f that country does not license real estate brokers and if the Georgia licensee .P!!Yi!!g such commission Q!
compensation obtains and maintains reasonable written evidence that the payee ~ !!
citizen Qf said other country, ~ not !! resident Qf this country, and ~ !!! the business Qf brokering real estate !!! said other country;"
Section 8. Said chapter is further amended by adding following subsection (b) of Code Section 43-40-25, relating to violations of said chapter by real estate licensees, schools, and instructors generally, new subsections (c) and (d) to read as follows:
"(c) Whenever a licensee acts in a real estate transaction as a principal or as an officer or employee of a corporation or partnership or any other entity acting as a principal, the commission may impose any sanction permitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regulations adopted pursuant to this chapter in such a transaction.
(d) Whenever a salesperson or an associate broker violates any provision of this chapter or any rules and regulations adopted pursuant to this chapter by performing any duty or act of a broker enumerated in this chapter or any rules and regulations adopted

WEDNESDAY, FEBRUARY 21, 1990

1521

pursuant to this chapter either with the proper delegation of that duty or act by the broker or without the broker's authorization, the commission may impose any sanction permitted under this chapter on the license of such salesperson or associate broker."
Section 9. Said chapter is further amended by striking subsection (c) of Code Section 43-40-30, relating to acting without a real estate license and the issuance of cease and desist orders by the Georgia Real Estate Commission, and inserting in its place a new subsection (c) to read as follows:
"(c) Notwithstanding any other provisions of law to the contrary, aiteP ft6tiee flfld fteaflHg; the commission may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of a real estate broker
without a license. Such cease and desist order shall be final ten days after !! ~ issued
unless the person j;Q whom such order ~ issued requests !! hearing before the commission."
Section 10. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1990.
(b) Section 6 of this Act shall become effective on July 1, 1990, but only if SB 250 of the 1990 regular session of the General Assembly which enacts Chapter 39A of Title 43 and which relates to real estate appraisers is passed by the General Assembly and is approved by the Governor or becomes 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 McCoy of the 1st and Byrd of the 153rd move to amend the committee substitute to HB 1679 by striking from lines 4 through 8 of page 1 the following:
"to revise the provisions relative to the granting of a real estate license to a nonresident; to authorize agreements with other states relative to the granting of nonresident licenses to Georgia residents;".
By striking lines 16 through 32 of page 2, lines 1 through 34 of page 3, lines 1 through 34 of page 4, lines 1 through 34 of page 5, lines 1 through 34 of page 6, lines 1 through 34 of page 7, lines 1 through 34 of page 8, lines 1 through 34 of page 9, and lines 1 through 9 of page 10 and inserting in lieu thereof the following:
"Section 3. Said chapter is further amended by adding at the end of Code Section 43-40-9, relating to nonresident real estate licenses, a new subsection (I) to read as follows:
'(I) As used in this Code section, the term "state" means any state, district, territory, possession, or province of the United States or Canada."'

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 Adarna Y Aiken Y Alford Y Allen Y Athon

Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister
Y Barfoot Y Bargeron

Y Barnett,B Y Barnett,M YBates y Beck
Y Benefield YBenn Y Birdsong

Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown Y Buck

Y Buford y Byrd Y Campbell Y Carrell Y Carter Y Chambless YChance

1522

JOURNAL OF THE HOUSE,

Y Cheeks Y Childers
Clark,B Y Clark,H Y Ciark,L
Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster Y Godbee

Y Goodwin
Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D

Y Lane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder y Long
Y 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 Morton
Moultrie Y Mueller Y Oliver,C Y Oliver,M YOrr Y Orrock Y Padgett

Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston y Poag
Y Porter Y Poston YPowell y Randall Y Ransom YRay
YReaves 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
Stephens Y Streat Y Teper
Thomas,C Y Thomas,M YThompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder Y Williams,B
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.

HB 1651.

By Representatives Pettit of the 19th, Watson of the 114th, Aaron of the 56th and Smith of the 156th:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, so as to clarify the purpose of said chapter.

The following Committee substitute was read:

A BILL
To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, so as to clarify the purpose of said chapter; to change certain definitions; to provide additional definitions; to delete certain provisions relating to filing certain information with clerks of the superior courts and other local government offices; to provide for participation by utilities as members in the utilities protection center; to delete certain duties of clerks of the superior courts and related filing fees; to change certain requirements concerning notifications to be given by persons planning blasting and excavating; to change certain provisions concerning the duties of utilities notified of proposed blasting or excavating; to clarify the degree of accuracy required in gas pipe or other underground utility facility location information; to provide for applicability of the penalties; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts, so as to delete the provision relating to the fee for filing information of gas companies in accordance with Code Section 25-9-4; 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 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, is

WEDNESDAY, FEBRUARY 21, 1990

1523

amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 9 to read as follows:

"CHAPTER 9

25-9-1. The purpose of this chapter is to prevent injury to persons and property and

interruptions of utility and cable television service resulting from damage to gas pipes and other underground utility facilities caused by blasting or excavating operations by providing a method whereby the location of underground gas pipes and other utility facilities will be made known to persons planning to engage in blasting or excavating

operations so that such persons may observe proper precautions with respect to such

underground gas pipes and other utility facilities.

25-9-2. As used in this chapter, the term:

(I) 'Blasting' means any operation by which the level or grade of land is changed

or by which earth, rock, buildings, structures, or other masses or materials are rended,

torn, demolished, moved, or removed by the detonation of dynamite or any other

explosive agent.

(2) 'Business days' means Monday through Friday, excluding ftftY pttblie tmd leg!tl

holidays the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving ~ and the following Friday, Christmas Eve, and Christmas Day. ~ such holiday that falls on !! Saturday shall be observed on the preced!!!g Friday. ~ such holiday that falls on !! Sunday shall be observed on the following

Monday.

(3) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on

business days. - - - - - - - - - - -

-

-- -- -

tat (4) 'Corporation' means any corporation; municipal corporation; county; joint-

stock company; partnership; association; business trust; cooperative; organized group

of persons, whether incorporated or not; or receiver or receivers or trustee or trustees

of any of the foregoing.
f# ill 'Distribution of gas' means the distribution or furnishing of gas to the

ultimate consumer through the use of underground pipes or other facilities and

includes, but is not limited to, the distribution of gas pursuant to a certificate of pub-

lic convenience and necessity issued by the Public Service Commission.
f5t fill 'Excavating' means any operation by which the level or grade of land is

changed and includes, without limitation, grading, trenching, digging, ditching,

augering, scraping, and pile driving. Such term, however, does not include public road

maintenance activities within the rights of way of a public road on the state highway

system, the county road system, or the city street system.
f6t ill 'Gas' means any flammable gaseous matter and includes, but is not lim-

ited to, natural gas, manufactured gas, liquefied petroleum gas, and any material com-

posed predominantly of any of the following hydrocarbons or mixtures of the same:

methane, propane, propylene, butane, or butylene. The term 'gas' shall also include

liquid petroleum products.
f't1 ffi 'Mechanized excavating equipment' means all equipment which is powered

by any motor, engine, or hydraulic or pneumatic device and which is used for excavat-

ing, including, without limitation, bulldozers, backhoes, power shovels, scrapers,

draglines, clamshells, augers, drills, and pile drivers.

(8) 'One eall n6tifieati6n eeftteio! 61' ~ me8ft8 ftft 6rganizati6n 61' 6ffiee established tmd ftmtletl by ~ 61' fft6f'e tttilities f6r the Jltlfi)6Se 6f maintaining a list 6f ttH

tttilities 6Wfting gas pipes tmd 6tfter ttndergr6ttnd titility facilities within the e6tlftty 61' e6tHlties in whieh the eettter 6pffiltes tmd f6r the Jltlfi)6Se 6f maintaining the inf6rma titm required t6 he filed pttrsttant t6 GOOe Seeti6n ~

(9) 'Person' means an individual or a corporation. Such term, however, does not

include and no provision of this chapter shall apply to any excavating done by a rail-

road when said excavating is made entirely on the land which the railroad owns or

on which the railroad operates or, in the event of emergency, on adjacent land. Such

term, however, also does not include and shall not apply to the Department of Trans-

portation, or its officers or employees when excavating, blasting, or operating mecha-

nized excavating equipment anywhere within public road rights of way.

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JOURNAL OF THE HOUSE,

(10) 'Railroad' means all corporations, companies, or individuals owning or operating any railroad line or railroad company in this state.
(11) 'Service area' means a contiguous area or territory which encompasses the underground distribution system or network of gas pipes or other underground utility facilities by means of which a utility provides utility service.
(12) 'Transmission of gas' means the transmission or transportation of gas through the use of underground pipes or other facilities and includes, but is not limited to, the transportation or transmission of gas in interstate commerce pursuant to a certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission and the transmission or transportation of gas in intrastate commerce pursuant to a certificate of public convenience and necessity issued by the Public Service Commission.
(13) 'Utilities protection center' Q!: 'center' means the corporation Q!: other organization formed Q.y utilities .!Q provide ~ joint telephone number notification service for
the purpose 2f receiving advance notification from persons planning .!Q blast Q!: exca-
vate and distributing such notifications .!Q its affected utility members.
flat M 'Utility' means any person operating or maintaining gas pipes or other
underground utility facilities.
fl4t i!.Q)_ 'Utility facility' means underground mains, pipes, conduits, cables, ducts,
wires, fiber optic Q!: photonic lines, or other structures operated or maintained by utilities in connection with the storage, conveyance, distribution, or transmission of gas, electric energy, 6i' telephone or telegraphic1 Q!: cable television Q!: video communications. 25-9-3. Eaeh ttiility whieh maintains gas pipes 6i' ether linflergrei:IHI'l ttiility faeilities within any e6tlftiy 6f this state shall file with ifte elerlt 6f ifte sttperi6r eoori 6f stteh e6tlftiy ifte name; atltiress;- anfl telephene ftl:llftber 6f ifte 6ffiee; flepartment, 6i' ether S6tH'ee from 6i' tftr6l:lgft whieh infurmatien respeeting ifte l6eati6n 6f ifte gas pipes 6i' ether tmflergre~:~nfl ttiility faeilities 6f stteh ttiility within ifte e6tlftiy may he ebtainefl dl:lring ft6l'm8l bttsiness ft6ttrs 6ft bttsiness 6ttys-; Fwm time ttl time eaeft ttiility shall
make stteh further anfl aflflitienal filings as may he neeessar~ w keep ettrrent ifte tlesig-
nati6ft; atltiress;- anfl telephene ftl:llftber 6f stteh S6W'ee; M1:1nieipal anfl e6tlftiy gas 6i' elee-
trie litHities shall ft6t he reqttireft w make stteh filiftgs in ifte 6ffiee 6f ifte elerlt 6f ifte
sttperi6r eoori httt shall maintain stteh infurmatien in ifte 6ffiee 6f ifte elerlt 6f ifte eity 6i' in ifte 6ffiee 6f ifte s1:1perintenflent .6f ifte gas mo eleetrie flepartment .6f -the -city mo in ifte 6ffiee 6f ifte ttiility eemmissien 6f ifte eity; pre;iflefl, heiie.er, that all stteh m1:1nieipal anfl e6tlftiy gas 6i' eleetrie litHities shall partieipate anfl eeeperate with any tme-eall netifieatien eenter whieh may he establishefl plirsliant t6 G6fte Seeti6ft 26--9-4.
Reserved. 25-9-4. (a) !Fw6 6i' m6i'e litHities may .el~:~ntarily establish -a tlfte-eall netifieatieH
eenter w maintain infurmatien eeneerning gas pipes anfl ether ~:~nflergre~:~nfl ttiility facil-
ities within ifte e6l:lftties eneempassefl by ifte tttiltties! serviee -aretr. Ypen ifte establish
ment 6f ifte first stteh tlfte-eall netifieatien eenter; all 6tfter tttilities eperating anfl maintaining ~:~nflergrelinfl ttiility faeilities within said eettniies shall partieipate anfl eooperate with ifte eenter; anfl ne fl~:~plieati e eenter shall he establishefl plirsliant t6 this G6fte seeti6rt- 'Ffte aeti ities 6f ifte eenter shall he ftmdefl. by all ef the partieipating litil-
ities; All utilities operating Q!: maintaining underground utility facilities within the state
shall participate ~ members !!! and cooperate with the utilities protection center. No duplicative center shall be established. The activities 2f the center shall be funded Q.y
all utilities. (b) A tme-eall netifieatien eenter The utilities protection center shall maintain a list
showing the counties within which its participating utilities maintain gas pipes and other
underground utility facilities. The center shall also maintain a list of the name, address,
and telephone number of the office, department, or other source from or through which
information respecting the location of gas pipes and other underground utility facilities
of its participating utilities may be obtained during ft6l'm8l business hours on business
days.

WEDNESDAY, FEBRUARY 21, 1990

1525

tcr-----A one-eaH notification center shsH file with the elerlt of the sttperi6r C6tH't of eseh
C6tlftty in whieh its participating utilities operllie or maintain gss pipes llflti other tmdergl'6tlfld tttiliiy flleilities a list of its participating tttilities; along with the eenieH - ,
ttddress; llflti teleph6ne ~ Sttelt filing ey the eenter shsH relieve the partieipating utilities of the filing llflti reeortl keeping reqttirements imp6seft ey G6fte Seeti6n ~
25-9-5. !pfte elerlt of the sttperi6r C6tH't in eseh C6tlftty of this state sftall!
(1) Maintain a file fur the writteD information to be filed ey utilities in aeeordllftee
with this eftllpter llflti mttlte the Sllffte a ~ailable fur pttblie inspeeti6n; (2) Mark the date llflti :lwttr of filing of all writteD materials file6 in aee6rdanee
with this eftapter; llflti
(3) Charge a fee in aee6rdllftee with paragraph t9t of sttbseeti6n W of G6fte See-
tion ~ fur the filing of sticlt writteD materials. Reserved.
25-9-6. (a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until eseh of the full6wing e6nditi6ns has 6eettrred:
(1) The per!!6ft planning the blasiing or exea;ating, en or before the tftirtl bttsiness day preceding the day en whieh sticlt work is plttnnetl to e6mmenee, has given aetttal ft6tiee of the pr6p6sed work to the smtree whieh was designated llflti filed in sticlt
C6tlftty ey eseh tttiliiy or ene-eall n6tifieati6n eenter in aee6rdanee with G6fte Seeti6n
25-9-3 or sttbseeti6n fet of G6fte Seeti6n ~ whieh ft6tiee sftall! the person planning the blasting Q! excavating, !!! least 72 hours prior !Q commencement 2f the work,
excluding hours during days other than business days, has given actual notice !Q the
utilities protection center, which notice shall:
W ill Describe the tract or parcel of land upon which the blasting or excavation
is to take place with sufficient particularity to enable the utility to ascertain the pre-
cise tract or parcel of land involved;
tBt ill State the name, address, and telephone number of the person who will
engage in the blasting or excavating and state whether such person desires !Q be noti-
fied !!! the event there are no utility facilities present on the tract Q! parcel specified; tGt ill Describe the type of blasting or excavating to be engaged in by the per-
son; and
tBt ill Designate the date; ft6 earlier than three bttsiness 6ays llflti ft6 later than
ten 6ays from the date of the ft6tiee, upon which the blasting or excavating will commence; llflti .
(2) The -per!!6ft planning the blasiing or exea~ating has aseertained from eseh smtree filed in aee6rdllftee with G6fte Seeti6n B6-9-3 or sttbseeti6n fet of G6fte Seeti6n ~ the loeati6n of all gss pipes llflti other ttndergr6ttnd tttiliiy flleilities of eseh tttil-
ity whieh are l6eated ttpen the traet or pareel of land or within 200 feet thereof:
(b) Notwithstanding subsection (a) of this Code section, a person who engages in
blasting or excavating with mechanized excavating equipment upon a tract or parcel of
land which he owns or leases shall not be required to give any notice under this Code
section, if the person has correctly ascertained from other means available to him that
there are no gas pipes or other underground utility facilities which will be damaged or
injuriously affected by the blasting or excavating.
(c) Whenever any blasting or excavating with mechanized excavating equipment is
undertaken on a project on the public road system under contract with the Department
of Transportation, the notice required under subsection (a) of this Code section shall be
deemed to have been given for all utility facilities other than gas which are shown on
the project plans and for which a notice of contract award and a notice of preconstruc-
tion conference have been mailed to the utility by the Department of Transportation. Nothing contained in this subsection shall be construed to relieve any person under con-
tract with the Department of Transportation of the duties set forth in Code Section
25-9-8 as to all underground utility facilities.
~ the event that the blasting Q! excavating work which ~ the subject 2f the notice given pursuant !Q subsection (a) Qf this Code section will not be completed within 17 days following the date Qf such notice, then no later than 14 days following such date Qf notice an additional notice must be given !!! accordance with subsection (a) 2f this
Code section.

1526

JOURNAL OF THE HOUSE,

hl_lf, subsequent !Q giving the notice required !lY subsection _{& Q! this Code section
~ person planning excavating determines that such work will reguire blasting, then such person shall promptly !!Q notify the utilities protection center.
25-9-7. Within three bttsiness days 72 hours, excluding hours during days other than business days, following receipt by the l!ffiH'ee !lesigBate!l ptusttaBt t6 GOOe 8eeti6B
B&-9-a or sttbseeti6ft W 6f GOOe 8eeti6B 25-9-4 utilities protection center of actual notice
filed in accordance with Code Section 25-9-6 or wtthiB 8l:left l6ftger reas6Bahle peri6ti as may be reqttired liftfler the eirettmstaftees, ffi:tt ill ftf1Y eveflt wtthiB five bttsiness days, each utility shall attempt t6 aftvise the pers6ft reqttestiBg iBfurmati6B by teleph6BiBg the pers6ft at the teleph6Be fttllftber furBished by the pers6ft that: stake or otherwise mark the surface Q! the tract Q! parcel Q! land !Q indicate the location Q! ~ pipes Q! other
underground utility facilities. Such markings shall be !!! accordance with the following
color code: - - (1) !fhe utility ~ ft6t hfte gas pipes or 6thet! ttftft ergr6tlft6 utility faeilities
l6eated t1J!6ft the pareel or traet 6f iaBft ill qttesti6ft or wtthiB lWG feet there6P, or Safety Red shall be used !Q mark electric power distribution and transmission facili~
(2) !fhe utility has staked or 6tfter Nise lft8l'ired the sttrfaee 6f the iaBft t6 ifltiieate the l6eati6ft 6f 8l:left 6f its gas pipes or 6tfteto ttftfte rgr6ttftft utility faeilities as Me l6eated tiJl6ft the traet or pareel 6f iaBft llftft wtthiB lWG feet there6f.- High Visibility Safety Yellow shall be used !Q mark ~ and oil distribution and transmission facili~
(3) Safety Alert Orange shall be used !Q mark telephone, telegraph, cable televi-
sion, video, and other telecommunications facilities; (4) Safety Precaution Blue shall be used !Q mark water systems facilities; and (5) Safety Green shall be used !Q mark sewer systems facilities.
!f the person planning the blasting Q! excavating has stated pursuant !Q paragraph (2) Q! subsection _{& Q! Code Section 25-9-6 that he desires !Q be notified !!! the event there
are no utility facilities present on the tract Q! parcel specified, then each utility shall
attempt !Q !!Q notify such person !lY telephoning such person l!!_ the number furnished pursuant !Q parAAraph ill Q! subsection (a) Q! Code Section 25-9-6.
25-9-8. Persons engaged in blasting or in excavating with mechanized excavating
equipment shall not strike, damage, injure, loosen, or remove lateral support from or around any gas pipe or other underground utility facility which has been staked or
marked in accordance with this chapter; provided, however, that nothing in this chapter shall be construed or applied to limit or reduce the duty of a person engaged in blasting or excavating in the vicinity of gas pipes or other underground utility facilities, irrespec-
tive of whether the same have been staked or marked as provided in this chapter.
25-9-9. (a) For the purposes of this chapter, information concerning the location of gas pipes and other underground utility facilities which is given by a utility to any person must be accurate to within 24 inches measured horizontally from the outer edge Q! either side Q! such facilities. If any gas pipe or other underground utility facilities become damaged due to the furnishing of inaccurate information as to their location by the utility, the liabilities imposed by this chapter shall not apply.
(b) Upon documented evidence that the person seeking information as to the location of gas pipes or other underground utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the utility, the utility shall be liable to that person for his losses.
25-9-10. This chapter does not affect and is not intended to affect any right, title, power, or interest which any utility may have with relation to any facility or to any easement, right of way, license, permit, or other interest in or with respect to the land on
which the facility is located.
25-9-11. This chapter does not affect and is not intended to affect any rights, powers,
interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a municipality with respect to
the city street system, with relation to any gas pipe or other underground utility facility

WEDNESDAY, FEBRUARY 21, 1990

1527

which is or may be installed within the limits of any public road or street right of way, whether the installation is by written or verbal permit, easement, or any form of agreement whatsoever.
25-9-12. If an emergency arises which presents an immediate and substantial danger to life, health, or property or which requires the establishment or restoration of gas, electric, communication, rail, or other essential public services, it shall be lawful for the person who undertakes to prevent such danger to life, health, or property or who is responsible for the establishment or restoration of such gas, electric, communication, rail, or other essential public services to engage in blasting or in excavating with mechanized excavating equipment for such purpose without complying with Code Section 25-9-6, provided that, before commencing the same or as soon thereafter as is reasonably practicable, the person shall give notice thereof to any utility which the person, in the exercise of reasonable judgment, believes may have gas pipes or other underground utility facilities within such proximity as to be affected by the blasting or excavating with mechanized excavating equipment.
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. 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. (d) Subsections (a), (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 Q! has failed !Q become !! member Qf the utilities protection center ~required !>y Code Section 25-9-4."
Section 2. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts, is amended by striking in its entirety paragraph (9) of subsection (d), which reads as follows:
"(9) Filing written information of gas companies in accordance with Code Section 25-9-4, a fee per page of.......................................................... 1.00", and inserting in lieu thereof the following:
"(9) Reserved."
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 adopted:

1528

JOURNAL OF THE HOUSE,

Representative Brooks of the 34th, et al. move to amend the Committee substitute to HB 1651 by inserting on line 25 of page 2, immediately following the words and symbol "New Year's Day,", the words and symbols "Birthday Qf Dr. Martin Luther King,~".

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
Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett,B
Y Barnett,M Y Bates
Beck
Y Benefield Benn
Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooka Y Brown
Y Buck Y Buford y Byrd
Y Campbell Y Carrell Y Carter YChambless Y Chance Y Cheeka

Y Childers
Clark,B Y Clark,H
Y Clark,L YColeman
Colwell Y Connell
Couch 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 YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin YGreen Y Greene
Gresham Y Griffm Y Groover Y Hamilton Y Hanner

Harris Y Hasty YHeard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooka Y Howren
Y Hudaon y Irwin
Y Iaakson Y Jackaon,J Y Jackaon,W
Jamieson Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLoug
Y Lord Lucas
Y Lupton y Mangum
YMartin
Y McCoy Y McDonald Y McKelvey

McKinney,B McKinney,C
Y Meadows
Milam YMobley Y Moody Y Morton Y Moultrie YMueller
Y Oliver,C YOliver,M YOrr Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston YPowell y Randall
YRansom Ray
YReaves Redding
Y Richardaon Ricketeon
Y Robinson y Royal y Selman
Y Simpson Y Sinkfield

Smith,L Y Smith,P Y Smith,T YSmith,W
Smyre YSnow Y Stancil,F
Y Stancil,S Stauley
Y Steele Y Stephens
Y Streat Y Teper YThomas,C Y Thomas,M
YThompson Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Walker,C
Y Walker,L Y Wall YWare Y Wateon
Y Watte White Wilder
YWilliams,B Williams,.!
Yates Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 to the Senate 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 House:

WEDNESDAY, FEBRUARY 21, 1990

1529

HB 1105.

By Representatives Smith of the 152nd, Johnson of the I23rd and Reaves of the !47th:
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.

The President has appointed on the part of the Senate the following: Senators English of the 21st, Ragan of the lOth and Echols of the 6th.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 1686.

By Representatives Pettit of the 19th, Byrd of the 153rd, Watson of the 114th, Murphy of the 18th, Branch of the !37th and others:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to change the provisions relating to the exception of boilers and pressure vessels operated and maintained for the production and generation of electricity and the exception of boilers and pressure vessels operated and maintained for the production and generation of steam used in a manufacturing process.

The following substitute, offered by Representative Pettit of the 19th, was read:

A BILL
To amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to change the provisions relating to the exception of boilers and pressure vessels operated and maintained for the production and generation of electricity and the exception of boilers and pressure vessels operated and maintained for the production and generation of steam used in a manufacturing process; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," is amended by striking in their entirety paragraphs (12) and (13) of subsection (a) and inserting in lieu thereof new paragraphs (12) and (13) to read as follows:
"(12) Boilers and pressure vessels operated and maintained for the production and generation of electricity; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such
boiler or pressure vessel is regularly inspected tmd !"flied m aee6rdaftee wiih the pi'6Visi6l'IS of 86de 8eetitm a4--H-l4 !:!y an inspector who has been issued !! certificate 2f competency !:!y the Commissioner fu accordance with the provisions Qf Code Section
34-11-10; (13) Boilers and pressure vessels operated and maintained fur the pr6dueti6fl tmd gefl-
erati61'1 of steam used m ~ !! P!!!! 2f a manufacturing process; provided, however, that
any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected
m tmd !"flied aee6rdMJ:ee wiih the pr6.isioos of B6de Seetioo 34 11 14 Qy an inspector
who has been issued !! certificate Qf competency !:!y the Commissioner fu accordance with the provisions 2f Code Section 34-11-10; and".

1530

JOURNAL OF THE HOUSE,

Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Alford of the 57th moves to amend the Floor substitute to HB 1686 as follows:
Insert on page 1 line 23 and on page 2 line 6 after the word inspected the following:
"In accordance with the minimum requirements for safety as defined in the ASME code".

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 N Aiken Y Alford Y Allen Y Athon
N Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop N Bostick Y Branch Y Breedlove
N Brooks N Brown Y Buck Y Buford Y Byrd N Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B
N Clark,H Y Clark,L
Y Coleman YColwell Y Connell N Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M
N Davis,C
Y Davis,G
Davis,M Y Dixon,H Y Dixon,S y Dobbs Y Dover YDunn Y Edwards NEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee YGoodwin Y Green Y Greene
Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner

Y Harris
Hasty
Y Heard N Herbert N Holcomb Y Holland Y Holmes YHooks N Howren N Hudson Ylrwin N Isakson Y Jackson,J
N Jackson,W Y Jamieson N Jenkins Y Johnson N Jones Y Kilgore
Y Kingston N Lane,D Y Lane,R Y Langford N Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Lucas N Lupton Y Mangum
N Martin Y McCoy
Y McDonald Y McKelvey

Y McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley Y Moody N Morton
Y Moultrie N Mueller N Oliver,C Y Oliver,M N Orr N Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Y Pinkston y Poag
Y Porter N Poston Y Powell y Randall
N Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson y Royal
Selman Y Simpson
N Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W
Smyre
Y Snow Y Stancil,F
Stancil,S Stanley N Steele Y Stephens Y Streat Y Teper
YThomas,C Y Thomas,M
Y Thompson Y Thurmond
Titus N Tolbert N Townsend y Twiggs
N Vaughan YWaddle N Walker,C Y Walker,L
Y Wall YWare Y Watson Y Watts N White Y Wilder N Williams,B N Williams,J N Yates
Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 126, nays 39.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Milam of the 81st 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 Thomas of the 31st stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

WEDNESDAY, FEBRUARY 21, 1990

1531

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 1790.

By Representatives Lord of the 107th, Edwards of the 112th and Bargeron of the 108th:
A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to strike, revise, and reenact Article 1 of said chapter, so as to provide for definitions; to provide for legislative purpose; to provide that certain conduct that fails to comply with that article is unlawful, and provide for criminal penalties.

The following amendments were read and adopted:

Representative Cummings of the 134th moves to amend HB 1790 as follows: On page 26 at line 32 delete "under conditions established by the board."

Representatives Lord of the 107th and Watson of the 114th move to amend HB 1790 by striking lines 3 through 21 of page 9.
By striking "43-18-8" from line 22 of page 9 and inserting "43-18-7" in its place.

The following amendment was read and lost:

Representative Oliver of the 121st moves to amend HB 1790 as follows: On page 26, strike lines 28 and 29, and renumber succeeding paragraphs accordingly.

The following amendment was read and adopted:

Representative Oliver of the 121st moves to amend HB 1790 as follows: On page 31, between lines 2 and 3, add the following:
"Section ,_ Nothing in this Act shall prohibit any funeral home director to conduct business outside of his or her county of residence."
Renumber accordingly.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron

Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Buck

Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L YColeman YColwell

Y Connell Y Couch Y Crawford
Y Crosby N Cummings,B N Cummings,M Y Davis,C Y Davis,G Y Davis,M
Di:r.on,H Y Dixon,S y Dobbs
Y Dover YDunn

Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee
Y Goodwin Y Green Y Greene
Gresham Y Griffm
Y Groover

1532

JOURNAL OF THE HOUSE,

YHamilton Y Hanner YHarris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes YHooks
Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson
Jones Y Kilgore Y Kingston

Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Y Linder Y Long y Lord
Y Lucas N Lupton YMangum Y Martin Y McCoy
Y McDonald Y McKelvey N McKinney,B N McKinney,C Y Meadows
Milam Y Mobley Y Moody

Y Morton
Y Moultrie Y Mueller Y Oliver,C
Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter
Y Poston Y Powell y Randall Y Ransom YRay
Y Reaves

Y Redding Y Richardson Y Ricketson Y Robinson y Royal y Selman
Y Simpson
Sinkfield Y Smith,L Y Smith,P Y Smith,T YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Y Stanley Y Steele Y Stephens Y Streat Y Teper
Thomas,C

YThomas,M YThompson
YThurmond Y Titus
Y Tolbert N Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C
Y Walker,L Y Wall YWare Y Watson Y Watts NWhite Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 162, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 1790, as amended, was ordered immediately transmitted to the Senate.

Representative Cummings of the 134th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 951 Do Pass HB 1598 Do Pass HR 839 Do Pass HR 856 Do Pass

HB 1838 Do Pass HR 855 Do Pass HB 1519 Do Pass, by Substitute HR 831 Do Pass, by Substitute

Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1393 Do Pass, as Amended SB 468 Do Pass, by Substitute

WEDNESDAY, FEBRUARY 21, 1990

1533

Respectfully submitted, /s/ Childers of the 15th
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 Senate:

SR 474. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st: A resolution relative to adjournment.

The Speaker announced the House in recess until 2:15 o'clock this afternoon.

1534

JOURNAL OF THE HOUSE,

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 913. By Representatives Smith of the 78th, Jenkins of the 80th, Stancil of the 66th, Green of the 106th, Parham of the 105th and others: A resolution commending Jerry C. Whidby and inviting him to appear before the House of Representatives.
HR 914. By Representatives White of the 132nd and Cummings of the 134th: A resolution commending Honorable Tommy Coleman and inviting him to appear before the House of Representatives.
HR 915. By Representatives Smith of the 78th, Jenkins of the 80th, Stancil of the 66th, Green of the 106th, Parham of the 105th and others: A resolution commending David Mitchell and inviting him to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 916. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Vaughan of the 20th, Aiken of the 21st and others: A resolution commending the Naval Air Station Atlanta.
HR 917. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Connell of the 87th, Edwards of the 112th and others: A resolution expressing regret at the passing of Earl Mann.
HR 918. By Representatives Martin of the 26th, Royal of the 144th, Gresham of the 21st, Heard of the 43rd, Alford of the 57th and others: A resolution commending the graduate students at the Georgia Institute of Technology.
HR 919. By Representatives Padgett of the 86th and Cheeks of the 89th: A resolution commending Everett C. Kuglar, M.D.
HR 920. By Representatives Moody of the 153rd, Branch of the 137th and Oliver of the 121st: A resolution commending Honorable James C. Moore.
HR 921. By Representatives Smith of the 78th and Dunn of the 73rd: A resolution recognizing and commending Locust Grove Elementary School.

WEDNESDAY, FEBRUARY 21, 1990

1535

HR 922. By Representative Poston of the 2nd:
A resolution commending and recognizing Mr. W.E. "Pete" Brown and Mr. J.R. "Bud" Brown of Graysville, Georgia.

HR 923. By Representative Jones of the 71st:
A resolution commending the faculty and student body of Newnan High School.

HR 924. By Representative Poston of the 2nd: A resolution commending Donnie Welborn.

HR 925. By Representatives Poston of the 2nd and Poag of the 3rd: A resolution expressing regret at the passing of Mr. Clarence Alsobrook.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1673. By Representatives Dover of the 11th, Twiggs of the 4th and Groover of the 99th:
A bill to amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to qualifications of special officers for the protection of railroad property, so as to change certain residency requirements.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00.

The following amendment was read and adopted:

The Committee on State Institutions and Property moves to amend HB 1720 by striking line 4 of page 1 in its entirety and inserting in lieu thereof the following:
"purchasing, so as to provide for the award of certain contracts by competitive sealed bidding and the solicitation of sealed".
By adding on line 10 of page 1 after "thereof;" and before "to" the following:
"to require district health directors and county boards of health to award certain contracts in accordance with the procedures of said part; to provide that the utilization of

1536

JOURNAL OF THE HOUSE,

services of the Department of Administrative Services shall not be required in the bidding and award of contracts by district health directors and county boards of health;"
By adding between lines 14 and 15 of page 4 a new Section 3 to read as follows:
"Section 3. Said part is further amended by adding following Code Section 50-5-81, a new Code Section 50-5-82 to read as follows:
'50-5-82. A district health director or county board of health may not enter into any contract for the lease, rental, or purchase of supplies, materials, equipment, or services unless the contract is let or awarded in accordance with the provisions of this article; provided, however, that in bidding and awarding any such contract the county board of health shall not be required to utilize the services of the Department of Administrative Services but may conduct such bidding and award on its own behalf."'

By redesignating Section 3 on line 15 of page 4 as Section 4 and redesignating Section 4 on line 18 of page 4 as Section 5.

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 105, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 832. By Representatives Lane of the 27th, Bostick of the 138th and Long of the 142nd:
A resolution urging the Department of Transportation to post certain signs.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1641. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-151 of the Official Code of Georgia Annotated, relating to general and career education programs, so as to change the provisions relating to assessments for first grade readiness; to provide for assessments and grade placement decisions; to provide for guidelines, documentation, and reports.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

Representatives Bannister of the 62nd and Barnett of the 59th stated that they wished to be recorded as voting "aye" on the preceding Bill.

WEDNESDAY, FEBRUARY 21, 1990

1537

HB 1728.

By Representatives Poston of the 2nd, Holland of the 136th, Snow of the 1st and McCoy of the 1st:
A bill to amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to required safety and security measures for municipal and county detention facilities, so as to provide that it shall be unlawful for any person having charge of or responsibility for any detention facility to incarcerate any person in the detention facility unless a full-time jailer or a dispatcher is on duty at the detention facility at all times while a person is incarcerated therein.

The following amendment was read and adopted:

Representative Holland of the 136th moves to amend HB 1728 by striking from line 7 of page 1 the following:
"or a dispatcher".
By inserting on line 9 of page 1 following "therein" the following:
"; to provide that a dispatcher may act as a full-time jailer of certain municipal detention facilities under certain conditions".
By striking from line 21 of page 1 the following:
"Q! !! dispatcher".
By striking line 23 of page 1 and inserting in lieu thereof the following:
"incarcerated therein. For purposes Qf this Code section, !! full-time dispatcher !!!!!Y also serve simultaneously ~ !! full-time jailer Qf !! municipal detention facility with 12 Q! fewer inmates incarcerated therein if such dispatcher either:
i!L__! equipped with mobile telephone and radio equipment which will allow such
dispatcher ~ perform the duties Qf !! dispatcher and the duties Qf !! full-time jailer !!! the same time; Q!
~ provided with temporary assistance Q! relief from the duties Qf !! dispatcher
while performing the duties Qf!! jailer."'

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.

By unanimous consent, HB 1728, as amended, was ordered immediately transmitted to the Senate.

HB 1711. By Representatives Coleman of the 118th, Holcomb of the 72nd, Benefield of the 72nd, Poston of the 2nd, Lee of the 72nd and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for a one-time exclusion of certain contributions to the Teachers Retirement System of Georgia.

The following Committee substitute was read and adopted:

1538

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for an exclusion of certain contributions to the Teachers Retirement System of Georgia; to provide for conditions with respect to such exclusion; to provide for an effective date and applicability; 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 the computation of Georgia taxable net income, is amended in subsection (a) by t~triking "and" at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting in its place "; and", and by adding a new paragraph describing an exclusion immediately following paragraph (8), to be designated paragraph (9), to read as follows:
"(9) An amount equal to the amount of contributions to the Teachers Retirement System of Georgia made by a taxpayer between July 1, 1987, and December 31, 1989, which contributions were not subject to federal income taxation but were subject to Georgia income taxation. The purpose of the exclusion provided for in this paragraph is to allow a taxpayer a recovery adjustment for such amount after commencement of distributions by such retirement system to such taxpayer and to establish the same basis for federal and state income tax purposes."
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 all taxable years beginning on or after 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker assumed the Chair.

HB 1660.

By Representatives Kingston of the 125th and Dixon of the 128th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to authorize a county board of equalization by regulation to establish a notice of appeal filing fee not to exceed $20.00.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to provide that a county board of equalization may by regulation establish a notice of appeal filing fee not to exceed $20.00; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, is amended by striking paragraph (2) of subsection (e) and inserting in its place a new paragraph (2) to read as follows:

WEDNESDAY, FEBRUARY 21, 1990

1539

"(2) iA)_ An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within the time provided by law. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306.
liD If no changes or corrections are made in the valuation or decision, the
county board of tax assessors shall certify the notice for appeal and all necessary
papers to the county board of equalization. The county board Qf equalization !!!!!Y establish Q.y regulation !! notice Q!' appeal filing fee not !Q exceed $20.00 which shall be payable upon certification Q!' the notice Q!' appeal !Q the county board Q!' equali-
zation. Such filing fee shall be refunded !Q the taxpayer Q! !Q his authorized agent
Q! representative !!); the appeal hearing Qf such taxpayer before the county board Q!'
equalization. In the event that the taxpayer Q! his authorized agent Q! representative does not personally appear !!); such hearing, such filing fee shall not be returned
~ provided !!! this subparAAraph but shall be remitted !Q the general fund Q!' the
county."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Kingston of the 125th, was read and adopted:

A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to provide that a county board of equalization may by regulation establish a notice of appeal filing deposit not to exceed $20.00; to provide for procedures; to change certain provisions relating to certain taxpayer appeals; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, is amended by striking paragraph (2) of subsection (e) and inserting in its place a new paragraph (2) to read as follows:
"(2) iA)_ An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within the time provided by law. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306.

1540

JOURNAL OF THE HOUSE,

liD If no changes or corrections are made in the valuation or decision, the county board Qf tax assessors shall send written notice thereof !Q the taxpayer which notice shall also explain the taxpayer's right !Q appeal !Q the county board Qf equalization. The taxpayer shall institute such appeal .!?y sending !! written notice Qf appeal !Q the county board Qf tax assessors and, !f required .!?y the county board Qf equalization, an appeal filing deposit. the The county board of tax assessors shall eeriify send Q! deliver the notice fur Qf appeal, ftftd all necessary papers, and the appeal filing deposit, !f !!!!.Yt to the county board of equalization. The county board Qf equalization !!!!!Y establish .!?y regulation !! notice Qf appeal filing deposit not !Q exceed $20.00 which shall be included with the notice Qf appeal !Q the county board Qf tax assessors. Such filing deposit shall be refunded !Q the taxpayer Q! !Q his authorized !!gent Q! representative ~ the appeal hearing Qf such taxpayer before the county board Qf equalization. In the event that the taxpayer Q! his authorized agent
Q! representative does not personally appear ~ such hearing, such filing deposit
shall not be returned ~ provided !!! this subparagraph but shall be remitted !Q the
general fund Qf the county."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committe, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M
YBstes y Beck Y Benefield
YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks YBrown
Y Buck Y Buford Y Byrd Y Campbell YCanell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H
Y Clark,L Coleman
Y Colwell Y Connell Y Couch
Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S
Y Dobbs Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee y Goodwin
Y Green Y Greene Y Gresham Y Grifrm
Y Groover Y Hamilton Y Hanner

YHanis Y Hasty
YHeard Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackaon,J Y Jackaon,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder YLong
Lord Lucas Y Lupton y Mangum
YMartin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney,C
Meadows
Milam Y Mobley YMoody
Y Morton Y Moultrie Y Mueller
Oliver,C Y Oliver,M YOrr Y Orrock Y Padgett Y Parmell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell y Randall YRansom
Ray Y Reaves
Redding Y Richardson Y Ricketson
Robinson y Royal y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley
Y Steele N Stephens Y Streat Y Teper
YThomas,C YThomas,M YThompson
Y Thurmond Y Titus Y Tolbert
Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, FEBRUARY 21, 1990

1541

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing.

By unanimous consent, the adoption of the Smith amendment was reconsidered.

The following substitute, offered by Representative Dunn of the 73rd, was read:

A BILL
To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that certain medical expenses payable under motor vehicle insurance policies may be subject to benefit levels representing usual, customary, and reasonable charges; to increase the amount of certain benefits payable for funeral and burial expenses; to provide that certain coverages shall be made available on a deductible basis; to provide for various deductible amounts; to provide that certain deductibles shall not be applicable to a guest passenger; to increase the amount of optional benefits payable without regard to fault which shall be offered by an insurer; to provide that an insurer shall be liable for punitive damages not to exceed a certain amount and attorney's fees as the result of the failure or refusal to pay benefits under said chapter; to provide that an insurer shall be subject to sanctions imposed by the Commissioner of Insurance as the result of such insurer's failure or refusal to pay benefits under said chapter; to authorize the coordination of benefits when payable under more than one policy of insurance; to require insurers to maintain as a part of a rating plan a separate tier of such plan for coverages provided to persons who are good drivers; to provide for reductions in premiums under certain conditions; to require the Commissioner to provide by rule for the efficient settlement of property damage claims under motor vehicle insurance policies; to provide an effective date; to provide for the examination of rating plans by insurers and for the reduction of rates on and after a certain date; to provide a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Consumer Auto Insurance Affordability Act of 1990."
Section 2. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, is amended by striking paragraph (2) of subsection (a) in its entirety and inserting in its place a new paragraph (2) of subsection (a) to read as follows:
"(2) The coverage for injury to or destruction of property of the insured, as provided in paragraph (1) of this subsection, may ~ shall be written upon the policy form with an exclusion of ft6t :lft6i'e theft the first $250.00 of such loss or damage to any
insured in any one accident and ~ be subject !Q differing levels Qf deductibles !!! the request Qf the policyholder !!! amounts Qf $100.00, $500.00, and $1,000.00."

1542

JOURNAL OF THE HOUSE,

Section 3. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking Code

Section 33-34-4, relating to minimum required motor vehicle insurance coverages, and

inserting in its place a new Code Section 33-34-4 to read as follows: "33-34-4. (a) No owner of a motor vehicle required to be registered in this state or

any other person, other than a self-insurer as defined in this chapter, shall operate or

authorize any other person to operate the motor vehicle unless the owner has insurance

on the vehicle providing the following minimum coverage:

(1) Motor vehicle liability insurance equivalent to that required as evidence of

security for bodily injury and property damage liability under the motor vehicle safety

responsibility laws of this state;

(2) Compensation to insured injured persons without regard to fault up to an

aggregate minimum limit of $5,000.00 per insured injured person for:

(A) All necessary medical expenses, not to exceed $2,500.00, arising from a motor

vehicle accident, including necessary medicine, drugs, and surgical, dental, X-ray,

and rehabilitative services, including prosthetic devices, and necessary ambulance,

hospital, and nursing services as prescribed, authorized, approved, or rendered by an

attending physician, including any person licensed to practice a healing art and any

remedial treatment and care rendered in accordance with a recognized religious

healing method0 represent usual,

A!!,y nonemergency expenses customary, and reasonable

~ be charges

subject !Q benefit !Q be determined

levels which
!!! substan-

tially the same manner ~ determined Q.y insurers for accident and sickness cover-

~;

(B) Eighty-five percent of the loss of income or earnings of the insured during

disability with a maximum benefit of $200.00 per week or, in the event the insured

is the sole shareholder of a professional corporation organized under Chapter 7 of

Title 14, 85 percent of the loss of gross income or earnings of the professional corpo-

ration during the period of the insured's disability with a maximum benefit of

$200.00 per week;

(C) Expenses, not to exceed $20.00 per day, reasonably incurred during a period

of disability in obtaining ordinary and necessary services from others, excluding

members of the injured person's household, in lieu of services that, had he or she

not been injured, the injured person would have performed not for income but for

the benefit of his or her household; and

(D) Funeral services and burial expenses not to exceed $1,699.99 $3,000.00 per

person.

(b) In the event of the death of the injured person who is survived by a spouse or

dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C)

of this Code section shall be payable after the death as though the deceased were alive

but totally disabled, the payment to be made to the spouse, if alive, and otherwise to

the child or children or the person having legal custody of any child or children for use

of the spouse or children as though awarded as a year's support for the spouse or chil-

dren, or both. Survivor's benefits shall be payable at least monthly until exhausted.

(c) The total benefits required to be paid under this Code section without regard to

fault as the result of any one accident shall not exceed the sum of $5,000.00 per each

individual covered as an insured person or such greater amount of coverage as has been

purchased on an optional basis as provided in Code Section 33-34-5, regardless of the

number of insurers providing such benefits or of the number of policies providing such

coverage.

(d) An insurer may shall make the coverages described under subparagraphs

(a)(2)(A) and (a)(2)(B) of this Code section and (a)(1)(A) and (a)(1)(B) of Code Section
33-34-5 available on a deductible basis, !!! amounts Qf $100.00, $250.00, $500.00,

$1,000.00, and $1,500.00 at the option of the named insured and at a reduced price.

Deductibles above $1,500.00 ~ be offered. Such a deductible shall not, however, apply

to compensation to a pedestrian1 !Q compensation !Q !! guest passenger, or to compensation to any insured whose injury results in death, dismemberment, permanent blindness

in one or both eyes, total and permanent paralysis, or a compound fracture of an arm

WEDNESDAY, FEBRUARY 21, 1990

1543

or leg. Subject to the foregoing limitation, such a deductible shall apply to reduce the total benefits limits specified by subsection (c) of this Code section, except that if there exist two or more policies providing coverage under this Code section, then with respect to each such policy the benefits limits specified by subsection (c) of this Code section shall be reduced only by the amount of the deductible specified in that policy."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 33-34-5, relating to optional motor vehicle insurance coverages, and inserting in its place a new subsection (a) to read as follows:
"(a) Each insurer shall also make available on an optional basis the following coverage:
(1) An aggregate limit of benefits payable without regard to fault up to $60,000.00 $100,000.00 per person. Benefits purchased in excess of $5,000.00 shall be paid as determined by the insured without apportionment to cover any of the following expenses incurred by the insured but not compensated for under paragraph (2) of subsection (a) of Code Section 33-34-4:
(A) Any expenses of the type described in subparagraph (a)(2)(A) of Code Section 33-34-4;
(B) Eighty-five percent of the loss of income or earnings of the insured during disability or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corporation during the period of the insured's disability;
(C) Expenses of the type described in subparagraph (a)(2)(C) of Code Section 33-34-4, not to exceed $20.00 per day; and
(D) Funeral services and burial expenses not to exceed $2,000.00 $3,500.00 per person; (2) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 33-34-4 shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or children, or both. Survivor's benefits shall be payable at least monthly until exhausted; (3) Compensation without regard to fault for damage to the insured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to $10.00 per day with a maximum of $300.00 for the loss of use of the motor vehi-
cle, provided that benefits payable under this paragraph shall be written upon the PQ!: kY form with !! $250.00 deductible and may be subject to differing levels Qf deductibles at the request of the policyholder !!! amounts Qf $500.00 and $1,000.00."
Section 5. Said chapter is further amended by striking subsection (c) of Code Section 33-34-6, relating to the payment of benefits by insurers and proceedings upon the failure or refusal to pay such benefits, and inserting in its place a new subsection (c) to read as follows:
"(c) In additi6n oo sH 6ifteio penalties pr6ided fur ifl this GOOe seeti6tr, ifl the event
that an insurer fails or refuses to pay a person the benefits which the person is entitled to under this chapter within 60 days after proper proof of loss has been filed, the person may bring an action to recover the benefits; and, if the insurer fails to prove that its failure or refusal to pay the benefits was in good faith, the insurer shall be subject to punitive damages not !Q exceed three times the amount due and reasonable attorney's fees. The Commissioner shall be given notice Qf such actions ~ an insurer. The Commissioner shall take appropriate action against such insurer ~ for !! violation Qf Chapter
.!! Qf this title, including the assessment .Qf fines, suspension Q! revocation .Qf ~ certificate
Qf authority, Q! such other action~.\!! appropriate!!! the case."
Section 6. Said chapter is further amended by striking Code Section 33-34-8, relating to the reduction or elimination of benefits under said chapter where the injured person

1544

JOURNAL OF THE HOUSE,

is entitled to receive workers' compensation benefits, in its entirety and inserting in its place a new Code Section 33-34-8 to read as follows:
"33-34-8. (a) The benefits payable under this chapter shall not be reduced or eliminated by any workers' compensation benefits, medieal paymeBt beBefits, 61' 8ftY 6thff disability beBefits, wage less beBefits, 61' hespitaliilatieB hettefits that the ift:jtHoed f.lel'86ft is entitled te reeeive, except as provided in subsections (b) and (c) of this Code section.
(b) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for medical expenses incurred as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such expenses incurred under any workers' compensation law.
(c) In those instances where the benefits payable under this chapter have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for the loss of income or earnings incurred during disability as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such loss of income or earnings under any workers' compensation law, provided that in no event shall the aggregate amount of benefits which the insured injured person is entitled to receive as compensation for the loss of income or earnings during disability under this chapter without regard to fault and under any workers' compensation law be less than an amount which is equal to the person's loss of income or earnings during disability or an amount which is equal to the amount the person is entitled to receive as compensation for the loss under any workers' compensation law plus the limits of the coverage under any applicable policy of motor vehicle insurance or under any program of self-insurance providing such benefits, whichever is less.
(d) The benefits provided under~ policy Qf motor vehicle insurance which are~
able without regard !Q fault for expenses described !!! subparagraph (a)(2)(A) Q! subpar-
agraph (a)(2)(B) Qf Code Section 33-34-4 and subparagraph (a)(1)(A) Q! subparagraph (a)(1)(B) Qf Code Section 33-34-5 shall be primary for accidental bodily injury Q! disabil_liy with respect !Q similar benefits under other insurance policies except policies provid-
l!!g coverage for workers' compensation benefits. Benefits payable for the expenses
described !!! subparagraph (a)(2)(A) Q! subparagraph (a)(2)(B) Qf Code Section 33-34-4
and subparagraph (a)(1)(A) Q! subparagraph (a)(1)(B) Qf Code Section 33-34-5 under ~ ~ Q! blanket policy Qf accident and sickness insurance, Q! ~ disability ~ policy !!!!!Y be reduced Q! eliminated !Q the extent that an insured injured person j!l_ entitled !Q receive compensation for such expenses under ~ policy Qf motor vehicle insurance.
~ purposes Qf ranking the order Qf benefits payments !!! cases Qf more than one
applicable policy, the order Qf payment shall be ~ follows:
(1) Motor vehicle insurance; (2) Group Q! blanket accident and sickness insurance; and (3) Group disability insurance.
~ person shall recover for economic loss from the sources specified !!! subsections .{ill and hl Qf this Code section ~ total amount which exceeds the amount Qf eco-
- w nomic loss. {g)_ Medical payment benefits and uninsured motorists' benefits payable under coverages in motor vehicle insurance policies shall be excess over any benefits required by this chapter.
(h) This Code section shall not !!PJ!!y !Q individual accident and sickness policies Q! individual disability policies."
Section 7. Said chapter is further amended by adding at the end thereof two new Code sections, to be designated Code Sections 33-34-18 and 33-34-19, to read as follows:
"33-34-18. (a) (1) As used in this Code section, the term 'good driver' means a person who, for the three years immediately preceding the date of an application for private passenger motor vehicle insurance or any renewal of such insurance, has held

WEDNESDAY, FEBRUARY 21, 1990

1545

a valid driver's license, has committed no traffic offenses or other criminal acts involving the use of a motor vehicle, has successfully completed a defensive driving course as provided in Code Section 33-34-16, and has had no claims based on fault against an insurer.
(2) Each insurer which provides coverages under this chapter shall maintain as a part of its rating plan under Chapter 9 of this title a separate tier of such plan for coverages provided to insureds who are good drivers. Such rating plan tier shall contain a minimum of 10 percent lower rates when compared with the remainder of the plan. Where applicable, the requirements of this paragraph may be satisfied by the maintenance of interrelated rating plans between affiliated insurers, so long as insureds who are good drivers receive placement in the rating plan of the insurer which corresponds to the separate good driver tier. (b) Each insurer providing coverages under this chapter shall maintain as a part of its rating plan reductions in premiums for statistically recognized cost reductions associated with risks. Reductions in premiums shall be given for, but are not limited to, the following:
(1) Package policies or multiple vehicle coverages; (2) Group policies, if available; (3) Good student performance; (4) Antitheft devices; and (5) Improved vehicle safety equipment. 33-34-19. The Commissioner shall provide by rule procedures for the expeditious and efficient settlement of property damage claims under private passenger motor vehicle policies. Such procedures may include but shall not be limited to: (1) Loss of use reimbursements; (2) Cost of repairs; (3) Determination of fair market values on total losses; (4) Use of aftermarket parts; and (5) Time limitations for payments."
Section 8. This Act shall become effective on October 1, 1990, and shall apply to policies issued on or after such date. After this Act becomes law upon the approval of the Governor or becomes law without such approval, insurers providing coverages under Chapters 7 and 34 of Title 33 of the Official Code of Georgia Annotated shall examine existing rating plans under said chapter regarding the effects of this Act and other enactments of the 1990 regular session of the General Assembly and may file changes to such plans to effectuate the provisions of such Acts. The Commissioner shall reduce by 10 percent on the effective date of this Act all rating plans for which no filing is received. Any rating plan filed prior to October 1, 1990, which does not contain at least a 10 percent reduction shall be subject to independent examination in the manner provided in Code Section 33-9-21 of the Official Code of Georgia Annotated as if an increase had been filed.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Murphy of the 18th and Smith of the 78th move to amend the floor substitute to HB 1752 (LC 15 2709S) by striking line 33 of page 7 and inserting in lieu thereof the following:
"the amount due Q!: $25,000.00, whichever ~ the greater amount, and reasonable attorney's fees. 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.

1546

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 Allen Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B Y Barnett,M Y Batea Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
YHooks 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 Y Long Y Lord Y Lucas Y Lupton y Mangum
Y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y 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 y Poag
Y Porter Y Poston Y Powell y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson y Royal
Y Selman Y Simpson
Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W
Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L Y Wall YWare Y Watson Y Watts White Y Wilder
YWilliams,B Williams,J
Y Yatea Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Resolution of the Senate was read:

SR 474. By Senators Kennedy of the 4th, Allgood of the 22nd and Dean of the 31st
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 Thursday, February 22, 1990, and reconvene at 10:00 A.M. on Monday, February 26, 1990.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford NAllen
Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Batea Y Beck

Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown

Y Buck Y Buford Y Byrd YCampbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch Y Crawford

WEDNESDAY, FEBRUARY 21, 1990

1547

Y Crosby Y Cummings,B Y Cummings,M Y Davis,C
Davis,G Y Davis,M Y Dixon,H YDixon,S Y Dobbs Y Dover
Dunn Y Edwards YEbrbart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W 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
laskson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder

Y Long y Lord Y Lucas Y Lupton
Mangum YMartin
McCoy
McDonald Y McKelvey Y McKinney,B
McKinney,C
Meadows Milam Y Mobley Moody Y Morton Y Moultrie Y Mueller Oliver,C
Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell YParbam Y Parrish Y Patten

Y Pettit
Y Pinkston YPoag
Y Porter Y Poston Y Powell y Randall
Y Ransom Ray
Y Reaves y Redding
Y Richardson Y Ricketson Y Robinson YRoyal y Selman
Y Simpson Y Sinkfield Y Smitb,L
YSmitb,P YSmitb,T YSmitb,W
Smyre YSnow
Y Stancii,F Y Stancii,S Y Stanley

Y Steele Stephens
Y Streat Y Teper YThomas,C YThomas,M YThompson
Thurmond Y Titus Y Tolbert
Townsend y Twiggs
Y Vaughan
Y Waddle Walker,C
Walker,L YWall YWare Y Watson
Y Watts White Wilder
Y Williarns,B Williama,J
Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 149, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

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 1742.

By Representative Godbee of the llOth:
A bill to amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable dental prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer; to provide that it shall be the duty of the Georgia Board of Dentistry to notify each person licensed to practice dentistry in this state of the requirements of this Code section; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable dental prostheses, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every complete upper and lower denture and removable dental prosthesis fabricated by a dentist licensed in Georgia shall; ttp6ft the l'eqtle8i af the pfttieftt; be marked with the name or social security number of the patient for whom it is intended. The marking shall be done during fabrication and shall be permanent, legible, and cosmetically acceptable. The exact location of the marking and the methods used to apply or implant it shall be determined by the dentist."

1548

JOURNAL OF THE HOUSE,

Section 2. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) It shall be the duty of the Georgia Board of Dentistry to notify each person licensed to practice dentistry in this state of the requirements of this Code section."
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 Aiken Alford
Y Allen Athon
Y Atkins Y Bailey
Baker Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B
Y Bamett,M Y Bates YBeck Y Benefield Y Benn
Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Buck Y Buford Y Byrd YCampbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Y Clark,L Coleman
Y Colwell Connell Couch
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 YEhrhart Y Felton Y Fennel YFloyd,J.M YFloyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Grifim
Groover Y Hamilton
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 Johnaon Y Jones Y Kilgore Y Kingston
Y Lane,D Lane,R
Y Langford Y Lawrence
Lawson YLee Y Linder
Long Lord Lucas Y Lupton Mangum Y Martin Y McCoy McDonald Y McKelvey

McKinney,B Y McKinney,C
Meadows YMilam Y Mobley YMoody
Y Morton Y Moultrie Y Mueller Y Oliver,C
Oliver,M
Orr Y Orrock Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
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 Y Stauley
Y Steele Stephens
Y Streat Y Teper YThomas,C YThomas,M
Thompson Thurmond Y Titus Y Tolbert Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C
Walker,L YWall
Ware Y Watson Y Watts
White Wilder YWilliams,B Williams,J Y Yates Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 1160. By Representative Watson of the 114th:
A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the authority.

The following Senate amendment was read:

WEDNESDAY, FEBRUARY 21, 1990

1549

Amend HB 1160 by striking Section "(c)" on page 2, (lines 3 and 4) and renumbering/ re-lettering the remainder of that Section.
And, by striking the words "or other dangerous drug" on lines 21 and 22 of page 2.

Representative Watson of the 114th moved that the House agree to the Senate amendment to HB 1160.
On the motion the ayes were 98, nays 4.
The motion prevailed.

HB 1212. By Representatives Thompson of the 20th, Walker of the 115th, Lee of the 72nd and Clark of the 20th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in public schools and regulation by the State Board of Education, so as to modify certain qualifications of certificated personnel needed in order to qualify for an exemption from the completion of an assessment to demonstrate satisfactory on-the-job performance.

The following Senate substitute was read:

A BILL
To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in public schools and regulation by the state board, so as to provide requirements for the method of assessing on-the-job performance; to modify certain qualifications of certificated personnel needed in order to qualify for an exemption from the completion of an assessment to demonstrate satisfactory on-the-job performance; to provide for 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 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in public schools and regulation by the state board, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) (1) Before granting a renewable certificate to an applicant, the State Board of Education shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification.
(2) Before granting a renewable certificate to an applicant, the state board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills and an assessment to demonstrate satisfactory on-the-job performance appropriate to the applicant's field of certification; 1'1'6vided, howe.er, 8f1Y 8pplie8ftt seeltiftg eertifie8ti6ft ffi -this state whe ~ .fer -a prtlfessitlftai teftehHtg eertifieate at the baeealattreate tlegree level t>r higher ftftt! whe has :hekl 8 prtlfessitlftal teftehHtg eertifie8te ffi ftftt! wh6 has satisfaettlri~ taught 6ft a full time basis ffi the regi6Hally aeeredited ptthlie t>r pri\>ate sehools 6f -this state t>r ~ state fur at least five years shall he exempt &om the reqttiremeftt 6f 8ft 888e88meftt ttl demtlftstrate satisfaettlry 6ft the jtlb perft>rmanee ttS ~ ffi -this sttbseeiimt Arty teaefteio wh6 {ftl8iifies fur the exemptit>ft granted IHtder this paragraph shall reeeive 8 fttlftreftewable eertifieate val:ffi fur 8 m8ximttm 6f three years tmtH 8tleh time ttS said teaefteio has twiee demtlftstrated satisfaettlr)l perft>rmanee 6ft the e.a!ttatitlft f"eqtlired pttrsttant ttl GOOe Seeti6ft 29 2 219, at whielt time said teaefteio will he eligible

1550

JOURNAL OF THE HOUSE,

to receive a 1enewable eertifieate. The on-the-job performance of teachers shall be assessed _Qy the instrument developed pursuant !Q_ Code Section 20-2-=2io.When used for initial renewable certification, the extended form version Qf such instrument shall be used with the following additional requirements: the applicant shall produce for the days !Q_ be observed!! brief written lesson plan appropriate and sufficient for the demonstration Qf essential skills; the scheduling Qf observation periods and intervals between them shall be designed !Q_ allow the teacher an adequate opportunity !Q_ demonstrate the essential skills; !!! least one evaluator shall be external !Q_ the school ~
tern !!! which the assessment .!!! taking place and each evaluator ~ certified _Qy the
state board~ qualified !Q_ administer the assessment; on-the-job performance shall be
evaluated on criteria set _Qy the state board which will ensure demonstration Qf effec-
tive teaching practices.
(3) An applicant shall be exempted from the written planning portion Qf the on-the-job assessment requirement pursuant !Q_ paragraph (2) Qf this subsection if:_
(A) The applicant has held !! professional teaching Q! service certificate issued
_Qy !!!!Y state !!! the United States !!! the baccalaureate degree level Q! higher and
has satisfactorily performed appropriate duties on !! full-time basis for!!! least five
Qf the ~ eight years !!! regionally accredited private schools Qf this state Q!
another state, Q! an accrediting agency with criteria and procedures equivalent !Q Q! greater than !! regional accrediting association ~ determined solely _Qy the Geor-
lti!! Department Qf Education, Q! !!! public schools Qf this state Q! another state, Q!
!! combination thereof; Q! (B) The applicant has held !! professional leadership certificate issued _Qy !!!!Y
state !!! the United States !!! !! level above the master's degree and has satisfactorily performed appropriate leadership duties on !! full-time basis for !!! least five Qf the ~ eight years !!! regionally accredited private schools Qf this state Q! another
state, Q! an accrediting agency with criteria and procedures equivalent !Q Q! greater than !! regional accrediting association ~ determined solely _Qy the Georgia Depart-
ment Qf Education, Q! !!! public schools Qf this state Q! another state, Q! ~ combina-
tion thereof.
(4) EXemPtions authorized pursuant !Q_ paragraph (3) Qf this subsection shall not
!!PP!Y !Q_ those applicants who have taken the on-the-job assessment required for certification more than five times. AIEt person who qualifies for the exemption granted
under subparagraph (A) Q! (B) Qf paragraph (3) Qf this subsection shall receive~ nonrenewable certificate valid for !! maximum Qf three years. During those three years, said person shall be eligible for !! renewable certificate !!! such time said person dem-
onstrates satisfactory performance on the nonwritten portion Qf the required certifica-
tion assessment. 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.
f3t (5) Before granting an initial renewable certificate to an applicant, the state board isauthorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge.
W _(ill On any test or assessment required as a condition for receiving any renew-
able certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who initially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field.
{5t ill An individual holding a valid life certificate is exempt from the provisions
of this subsection for that certificate field."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Thompson of the 20th moved that the House agree to the Senate substitute to HB 1212.

WEDNESDAY, FEBRUARY 21, 1990

1551

On the motion the ayes were 102, nays 0. The motion prevailed.

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 Senate amendment was read:

Amend HB 357 by striking on line 24 of page 1 the following: "1989", and inserting in lieu thereof the following: "1990".

Representative Martin of the 26th moved that the House agree to the Senate amendment to HB 357.
On the motion the ayes were 111, nays 1.
The motion prevailed.

HB 346. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of county deputy registrars, so as to exempt certain chief deputy registrars from certain restrictions applicable to registrars and deputy registrars.

The following Senate substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to exempt certain county chief deputy registrars from certain restrictions applicable to county registrars or deputy registrars; to exempt certain municipal chief deputy registrars from certain restrictions applicable to municipal registrars or deputy registrars; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (a) of Code Section 21-2-123, relating to the qualifications of county registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No person, while serving as a member of a county board of registrars, deputy registrar, or member of a county board of elections, or within a period of six months after so serving,

1552

JOURNAL OF THE HOUSE,

shall be eligible for any nomination or office to be voted for at a general primary or general election or to qualify for any nomination or office or to have such person's name placed on any general primary or general election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give notice of his intention of write-in candidacy; provided, however, that this ineligibility shall not apply to a ialf eammissiaHer 61' ialf ealleet6l' 61' to llftY emulidate fur stteh Mfiee af ialf eammissiaHer 61' ialf ealleetor ~ chief deputy ~ istrar who ~ also an elected public officer and who seeks !Q qualify for reelection !Q the public offi~ such chief deputy registrar ~ presently holding. No person who is a member of a county board of registrars, deputy registrar, or member of a county board of elections shall be eligible for any nomination or office to be voted for at a special primary or special election or to qualify for any nomination or office or to have such person's name placed on any special primary or special election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give notice of such person's intention of write-in candidacy until such person shall have resigned and is no longer serving as a registrar, deputy registrar, or member of a county board of elections. However, nothing contained in this Code section shall preclude a member of a county board of registrars, deputy registrar, or member of a county board of elections from qualifying for, or having such person's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No member of a county board of elections, board of registrars, or deputy registrar, while conducting the duties of such person's office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages."
Section 2. Said title is further amended by striking subsection (a) of Code Section 21-3-121, relating to qualifications of municipal registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be able to read, write, and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a board of elections, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a general primary or general election; provided, however, that this ineligibility shall not apply to a ialf eammissiaHer 61' ialf ealleetar 61' to llllY eaHdidate fur tfte Mfiee af ialf eammissiafter 61' ialf ealleet6l' ill perfarmiHg tfte fttHetiaHs af a deputy i6 tfte baartl f)( registrars
as pra.ided ill subseetiaH W af GOOe Seetitm 21 2 212 ~ chief deputy registrar who ~
also an elected public officer and who seeks !Q qualify for reelection !Q the public office such chief deputy registrar ~ presently holding. No person who is a registrar, deputy registrar, or member of a board of elections shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a special primary or special election until such person shall have resigned and is no longer serving as a registrar, deputy registrar, or member of a board of elections. However, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having such officer's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No registrar, deputy registrar, or member of a board of elections, while performing the duties of such office, shall engage in political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body while on duty, and wearing badges, buttons, or clothing with partisan messages."
Section 3. This Act shall become effective January 1, 1991.
Section 4. 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 346.

WEDNESDAY, FEBRUARY 21, 1990

1553

On the motion the ayes were 106, nays 1. The motion prevailed.

HB 192. By Representatives Porter of the 119th and Groover of the 99th:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to the qualifications of state court judges, so as to provide that a state court judge shall, on the date he takes office, reside within the judicial circuit containing the geographic area in which he is selected to serve.

The following Senate amendment was read:

Amend HB 192 by striking from line 3, page 2: "of not less than one nor more than 20 days", and inserting in lieu thereof "15 days".

Representative Porter of the 119th moved that the House agree to the Senate amendment to HB 192.
On the motion the ayes were 105, nays 2.
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 1219.

By Representatives Robinson of the 96th and Buck of the 95th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.

Representative Robinson of the 96th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1219 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Robinson of the 96th, Buck of the 95th and Bishop of the 94th.

The following Resolutions of the House were taken up for the purpose of considering the Senate substitutes thereto:

HR 624. By Representatives Reaves of the 147th, Greene of the 130th, Royal of the 144th, Floyd of the 135th, Birdsong of the 104th and Godbee of the llOth:
A resolution urging the United States Environmental Protection Agency to allow the continued use of EBDC fungicides and Benomyl on certain vegetables.

1554

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A RESOLUTION
Urging the United States Environmental Protection Agency to allow the registrants of the EBDC fungicides to reinstate their use on certain vegetables; and for other purposes.
WHEREAS, EBDC fungicides (Manzate, Maneb, and Mancozeb) have been used to protect fruits and vegetables from diseases since this class of compounds was first used in the mid 1930's and have been registered for use on 55 food crops; and
WHEREAS, these fungicides are used in areas, such as Georgia, which have high rainfall, high humidity, and relatively mild winters which provide ideal conditions for disease development and in which certain crops cannot be profitably grown without the use of these fungicides; and
WHEREAS, there are no nonchemical control practices which will protect susceptible crops from disease when these environmental conditions are present; and
WHEREAS, the United States Environmental Protection Agency has accepted voluntary cancellation of the use of these fungicides on 45 crops, including pepper and leafy greens, such as turnip greens, mustard, collards, kale, and spinach, for which there are no alternative fungicides or other control measures available to protect these crops; and
WHEREAS, the leafy greens have obvious benefits to the diet including minerals, vitamins, and fiber and consumers are being encouraged to eat such foods because of these benefits; and
WHEREAS, the Environmental Protection Agency's risk assessment process is based on theoretical, maximum EBDC residue on the raw product rather than actual residues found on the prepared product as served to the consumer and findings of the U.S. Food and Drug Administration, the National Food Processors Association, and the University of Arkansas show an 80 to 90 percent reduction of EBDC residues as a result of the washing process; and
WHEREAS, the inability to use EBDC fungicides without any alternative fungicide or other control measure being available would be devastating to Georgia agriculture and the food processing industry.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the United States Environmental Protection Agency and the registrants to allow the continued use of EBDC fungicides on those vegetables for which no alternative fungicide is available, at least until the results of ongoing market basket surveys can be evaluated and any health risks more accurately determined.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to send appropriate copies of this resolution to the United States Environmental Protection Agency and to each member of the United States Congress from the State of Georgia.

Representative Reaves of the 147th moved that the House agree to the Senate substitute to HR 624.
On the motion the ayes were 107, nays 1.
The motion prevailed.

HB 887. By Representatives Lane of the 111th 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.

WEDNESDAY, FEBRUARY 21, 1990

1555

The following Senate substitute was read:

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 change the provisions relative to certain definitions; to provide for the adoption and promulgation by the Public Service Commission of the Georgia Forest Products Trucking Rules; to provide for the motor vehicles to which such rules shall be applicable; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY <f>F GEORGIA:
Section 1. 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, is amended by striking in its entirety division (7)(C)(x) and inserting in lieu thereof a new division (7)(C)(x) to read as follows:
"(x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or his agents or employees between forest and mill or primary place of manufacture; provided, however,
motor vehicles with !! manufacturer's gross weight rated capacity Qf 44,000 pounds Q!: more engaged solely _!!! the transportation Qf unmanufactured forest products shall be subject !Q the Georgia Forest Products Trucking Rules which shall be adopted and promulgated Q.y the commission only for application !Q such vehicles and vehicles defined _!!! subparagraph !A}_ Qf paragraph (11) Qf this Code section. Such rules and !!!_!Y amendments thereto adopted Q.y the commission shall be subject !Q legislative review !!! accordance with the provisions Qf Code Section 46-2-30, and, for the purposes Qf such
rules and !!!!Y amendments thereto, the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment shall be the appropriate com-
mittees within the meaning Qf said Code Section 46-2-30. The first such rules adopted
Q.y the commission shall be effective July!, 1991;".
Section 2. Said Code section is further amended by striking subparagraph (A) of paragraph (11) in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) Motor vehicles not for hire engaged solely in the harvesting or transportation of forest products; provided, however, that motor vehicles not for hire with! manufac-
turer's gross weight rated capacity Qf 44,000 pounds 2!: more engaged solely !!! the transportation Qf unmanufactured forest products shall be subject only !Q the Georgia Forest Products Trucking Rules provided for _!!! division (7)(C)(x) Qf this Code section;".
Section 3. This Act shall become effective on January 1, 1991.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 111th moved that the House agree to the Senate substitute to HB 887.
On the motion, the ayes were 113, nays 2.
The motion prevailed.

1556

JOURNAL OF THE HOUSE,

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 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 President has appointed on the part of the Senate the following: Senators Howard of the 42nd, Gillis of the 20th and Ragan of the lOth.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 1248.

By Representatives Birdsong of the 104th and Barnett of the lOth:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that certain local government buildings financed in whole or in part with state funds shall have displayed thereon a plaque or marker with the names of certain state and local officials.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1248 by inserting in line 2 on page 2 between the word "Assembly" and the word "within" the following:
"who were in office at the time state funding was made available and".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 102, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 21, 1990
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 21, 1990, by adding the following:

WEDNESDAY, FEBRUARY 21, 1990

1557

HR 810 Joint Workers' Compensation Study Committee; Create HR 872 Joint Abortion Study Committee; 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

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 810. By Representatives Griffin of the 6th, Foster of the 6th, Dover of the 11th, Walker of the 115th, McDonald of the 12th and others

A RESOLUTION
Creating the Joint Workers' Compensation Study Committee; and for other purposes.
WHEREAS, numerous Georgians are injured each year while in the course of their employment; and
WHEREAS, representatives of both business and labor have long recognized the need for a fair and equitable system for compensating workers who are injured on the job; and
WHEREAS, the costs incurred by businesses in this state for workers' compensation are high while the benefits received by injured workers are low in comparison to amounts paid in other states; and
WHEREAS, a thorough and thoughtful examination of workers' compensation costs and benefits by the two groups most directly affected, business and labor, with specific recommendations of any needed changes in the laws of this state would be of great benefit to the members of the General Assembly.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Workers' Compensation Study Committee to be composed of 12 members. Two members shall be members of the House of Representatives appointed by the Speaker of the House of Representatives. Two members shall be members of the Senate appointed by the President of the Senate. One member shall be a representative of business appointed by the Governor and one member shall be a representative of labor appointed by the Governor. Two members shall be representatives of labor appointed by the president of the Georgia State AFL-CIO. Two members shall be representatives of business, one of whom shall be the president of the Business Council of Georgia or his designee and one of whom shall be the president of the National Federation of Independent Business/Georgia or his designee. One member shall be selected by a majority vote of the member appointed by the Governor to represent business and the two additional members appointed to represent business. One member shall be selected by a majority vote of the member appointed by the Governor to represent labor and the two members appointed by the president of the Georgia State AFL-CIO. Except as otherwise provided in this resolution, no official, officer, or employee of the State of Georgia, any insurance company, any provider of rehabilitative or legal services to persons injured in the course of their employment, or any hospital or other health care provider and no physician shall be eligible for appointment to membership on the committee. The four members representing business shall select a cochairman and the four members representing labor shall select a cochairman. The cochairmen shall call all meetings of the committee except the initial meeting which shall be called by the Governor. The members of the committee who are also members of the General Assembly shall be nonvoting members of the

1558

JOURNAL OF THE HOUSE,

committee but shall be entitled to attend and participate in any discussion at all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a comprehensive study of the workers' compensation system as it currently exists in the State of Georgia and the conditions, needs, issues, and problems related thereto. The committee shall seek to find areas in which the laws of this state can be improved so as to ensure adequate compensation for workers who are injured or killed in the course of their employment within costs for such coverage which are reasonable for employers. Agreement between business and labor on such issues shall be encouraged. The committee shall recommend any actions or legislation which the committee deems necessary or appropriate.
BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution.
BE IT FURTHER RESOLVED that the members of the committee, including members who are not members of the General Assembly, 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 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 31, 1990. The committee shall stand abolished on December 31, 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 roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken
Alford Y Allen Y Athon Y Atkins Y Bailey
Baker Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Bamett,M
Y Bates Y Beck Y Benefield
YBenn Birdsong
Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter Y Chambless YChance Y Cheeks

Y Childers Clark,B
Y Clark,H Clark,L
Y Coleman Y Colwell Y Connell
Couch 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
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee y Goodwin
Y Green Y Greene Y Gresham Y Griffm Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes
Y Hooks Y Howren Y Hudaon Ylrwin Y Iaskson Y Jackaon,J Y Jackaon,W Y Jamieaon Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D Y Lane,R Y Langlord
Lawrence Y Lawson YLee Y Linder
y Long
Y Lord Y Lucas Y Lupton y Mangum
Y Martin McCoy McDonald
Y McKelvey

McKinney,B
Y McKinney,C
Y Meadows Milam
Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Orrock Padgett
Y Pannell YParham
Y Parrish Y Patten Y Pettit
Y Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Ransom Ray
Reaves Redding Y Richardaon Y Ricketson
Y Robinson y Royal y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Steele Y Stephens Y Streat Y Teper YThomas,C YThomas,M YThompson Thurmond Y Titus Y Tolbert
Y Townsend y Twiggs
Y Vaughan
Y Waddle Y Walker,C
Walker,L
YWall Ware
Y Watson Y Watts
White Wilder YWilliams,B Williams,J Y Yates YYeargin Murphy,Spkr

WEDNESDAY, FEBRUARY 21, 1990

1559

On the adoption of the Resolution, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 872. By Representatives Dixon of the 128th, Watts of the 41st, Dover of the 11th, Colwell of the 4th, Cummings of the 17th and others

A RESOLUTION
Creating the Joint Abortion Study Committee; and for other purposes.
WHEREAS, the United States Supreme Court has recently announced its decision in Webster v. Reproductive Health Services; and this decision has caused the issue of state legislative regulation of abortions to be considered by legislators and other interested persons; and
WHEREAS, other court cases presently pending may also require or render appropriate legislative consideration of this subject; and
WHEREAS, accurate, unbiased, and objective statistical information concerning abortions would be vitally important to any legislative consideration of this subject by the General Assembly; and
WHEREAS, at the current time there exists no single compilation of statistical information of demonstrated accuracy upon which the General Assembly could rely in considering future legislative action on this subject.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Abortion Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President of the Senate. The Speaker shall appoint the chairman of the committee and the President of the Senate shall appoint the vice 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 need for statistical information as described herein, or other information deemed pertinent, compile such information of demonstrable accuracy as may be available, 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 six days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, such report shall be made on or before December 1, 1990. The committee shall stand abolished on December 31, 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 roll call was ordered and the vote was as follows:

N Aaron Y Abernathy Y Adams Y Aiken

Alford Y Allen
Athon Y Atkins

Y Bailey Baker
Y Balkcom Y Bannister

Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M

YBates YBeck
Y Benefield Benn

1560

JOURNAL OF THE HOUSE,

Y Birdsong Bishop
Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Buck Y Buford y Byrd
YCamphell Y Carrell Y Carter YChambless YChance Y Cheeks Y Childers
Clark,B Y Clark,H
Y Clark,L YColeman Y Colwell Y Connell
Couch Y Crawford
Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H

Y Dixon,S
Y Dobbs Y Dover
YDunn Y Edwards y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Footer y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffm Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHeard Y Herbert Y Holcomb
Y Holland 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 Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord N Lucas Y Lupton y Mangum
N Martin Y McCoy
McDonald YMcKelvey
McKinney,B
McKinney,C Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie

Y Mueller Y Oliver,C
Oliver,M YOrr Y Orrock Y Padgett
Y Pannell YParham Y Parrish
Patten Pettit Pinkston y Poag
Y Porter Poston
Y Powell y Randall
Y Ranaom Ray
Reaves Redding N Richardson Y Ricketson Y Robinaon y Royal y Selman
Y Simpeon N Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W

Smyre
YSnow Y Stancii,F Y Stancii.S YStanley Y Steele Y Stephens Y Streat YTeper
Thomas,C NThomas,M YThompeon
Thurmond YTitus Y Tolbert YTownsend y Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L YWall Ware Y Watson Y Watts
White Wilder y William.s,B William.s,J Y Yates Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 138, nays 6. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the House was read and referred to the Committee on Health and Ecology:

HR 926. By Representative Orrock of the 30th:
A resolution urging the Department of Human Resources, Department of Medical Assistance, and State Health Planning Agency to make certain studies and reports.

The following Resolution of the House was read and referred to the Committee on Game, Fish and Parks:
HR 927. By Representative Heard of the 43rd:
A resolution urging the Board of Community Affairs to take appropriate action to transfer Fayette County from the Mcintosh Trail Regional Development Center to the Atlanta Regional Development Center.

The following Resolutions of the House were read and adopted:

HR 928. By Representative Green of the 106th: A resolution celebrating the birth of Mrs. Charlotte S. Green.

HR 929. By Representatives Baker of the 51st, Lawrence of the 49th, Athon of the 57th, Mangum of the 57th, Teper of the 46th and others:
A resolution recognizing and commending Dr. Allen Connard Carter.

WEDNESDAY, FEBRUARY 21, 1990

1561

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 1802 Do Pass, by Substitute
Respectfully submitted,
Is/ Mangum of the 57th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1939 Do Pass
Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1709 Do Pass, by Substitute HB 1827 Do Pass, by Substitute
Respectfully submitted,
Is/ Watson of the 114th
Chairman

Representative Patten of the !49th 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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 988 Do Pass, by Substitute HB 1808 Do Pass HB 1957 Do Pass HR 721 Do Pass SB 563 Do Pass

SB 605 Do Pass SB 606 Do Pass, by Substitute SB 608 Do Pass, by Substitute SR 414 Do Pass

1562

JOURNAL OF THE HOUSE,

Respectfully submitted,
Is/ Patten of the 149th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 838 Do Pass HR 864 Do Pass

HR 859 Do Pass HR 631 Do Not Pass

Respectfully submitted,
Is/ Lee of the 72nd
Chairman

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 701. By Senator Land of the 16th:
A bill to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at grade crossings, so as to provide certain time limitations on the planning, acquisition, and installation of protective devices at grade crossings.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 442. By Senators Parker of the 15th and Land of the 16th:
A resolution creating the Columbus-Fort Benning Economic Impact Study Commission.

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.

THURSDAY, FEBRUARY 22, 1990

1563

Representative Hall, Atlanta, Georgia Thursday, February 22, 1990

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:

Abernathy
Adams Aiken Alford Allen
Athon Atkins Bailey Baker Balkcom Bannister Barfoot Bargeron Barnett,M Batea Beck
Benefield Bishop Bostick
Branch Breedlove Brooks Brown Buck
Buford Byrd
Campbell Carrell Carter Chambless

Chance
Cheeks Childers
Clark,H Clark,L Coleman Colwell
Couch Crawford Crosby Cummings,B Cummings,M Davia,C
Davia,G Davia,M Dixon,H Dixon,S Dobbs Dover Dunn
Edwards Ehrhart Floyd,J.M Floyd,J.W
Foster Godbee Goodwin Green Greene Gresham

Griffin
Hamilton Hanner
Harris Hasty
Heard Herbert
Holcomb Holland Holmea Hooks Howren Hudson
Irwin Jackaon,J Jackaon,W Jamieson
Jenkins Johnson Jonea Kilgore Kingston Lane,D Lane,R Langford Lawrence
Linder Lucas Lupton Mangum

Martin McCoy
McDonald McKelvey McKinney,B McKinney,C Meadows
Milam Mobley Moody Morton Moultrie Mueller
Oliver,M Orr Orrock Padgett Pannell
Parham Parrish Patten Pettit Poag Poston Powell
Ransom Ray Raavea Ricketson Royal

Selman Simpson Sinkfield
Smith,L Smith,P Smith,T Smith,W Snow Stancii,F
Stancii,S Stanley
Steele Stephens
Streat Teper Tbomas,M Thompson Thurmond Titus
Tolbert Townsend Twiggs Vaughan Waddle Watson
Watts Williama,B Williama,J Yatea Yeargin

Prayer was offered by Archbishop Eugene A. Marino, SSJ, Roman Catholic Archdiocese of Atlanta, Atlanta, Georgia.

Representative Bargeron of the 108th, 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.

1564

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the committee:

HB 1996. By Representative Dixon of the 151st:
A bill to amend Code Section 44-3-135 of the Official Code of Georgia Annotated, relating to filing fees, updating of filed documents, state audit of records, change in ownership, and minimum size requirements, so as to change the provisions relating to minimum size requirements.
Referred to the Committee on Judiciary.

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 1997. By Representatives Dover of the lith, Jamieson of the 11th and McDonald of the 12th:
A bill to amend an Act providing a salary for the coroner of Banks County, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1998. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide for retaining terms of office of two years for the mayor and council members; to provide for the date of municipal elections.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1999. By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the Town of East Dublin, so as to provide that three members of the city council shall be elected by district and two members shall be elected at large,
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2000. By Representatives Alford of the 57th, Baker of the 51st, Teper of the 46th, Mangum of the 57th, Richardson of the 52nd and others:
A bill to amend an Act creating the Avondale Estates Development Authority, so as to provide for the Avondale Estates Business District.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2001. By Representatives Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Connell of the 87th and 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 the solicitor of the state court.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 22, 1990

1565

HB 2002. By Representatives Redding of the 50th, Richardson of the 52nd, Williams of the 54th, Williams of the 48th, Alford of the 57th and others:
A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to provide for an additional member of the Board of Education of the City of Decatur.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2003. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the lOth:
A bill to amend an Act creating a new board of commissioners of Cherokee County, so as to provide for a code of ethics for the members of the governing authority of Cherokee County; to provide for the creation of an independent Board of Ethics of Cherokee County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2004. By Representatives Irwin of the 13th, Fennel of the 155th, Holland of the 136th, Poston of the 2nd, Teper of the 46th and others:
A bill to amend Part 4 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to sick, personal, and maternity leave of school personnel, so as to increase the amount of days of accumulated sick leave that may be used for personal or professional reasons from three to five days.
Referred to the Committee on Education.

HB 2005. 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 establishing the "Clayton County Commission on Children and Youth," so as to change the membership of the commission; to change the date on which the commission is abolished.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2006. By Representatives Dunn of the 73rd, Ware of the 77th and Griffin of the 6th:
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 redefine what shall be considered a serious injury; to provide for an effective date, for the examination of rating plans by insurers, and for the reduction of rates on and after such date.
Referred to the Committee on Insurance.

HB 2007. By Representative Teper of the 46th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for a waiver of sovereign immunity; to permit suit against the Department of Natural Resources to compel such department to comply with certain provisions of such title; to provide for an award of costs of litigation and attorneys' fees.
Referred to the Committee on Judiciary.

1566

JOURNAL OF THE HOUSE,

HB 2008. 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 change the qualifications and terms of the mayor and council; to change the date of the municipal election.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2009. By Representatives Dixon of the 128th, Pannell of the 122nd, Hamilton of the 124th, Kingston of the 125th and Mueller of the 126th:
A bill to provide for a homestead exemption of $30,000.00 from all City of Pooler ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $11,500.00.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2010. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act incorporating the City of Sky Valley, so as to authorize the retention of staggered two-year terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2011. By Representative Jenkins of the 80th:
A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Forsyth for certain individuals; to provide an additional $4,000.00 homestead exemption from ad valorem taxes of the City of Forsyth for individuals 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2012. By Representatives Dixon of the 128th, Hamilton of the 124th, Mueller of the 126th, Johnson of the 123rd and Kingston of the 125th:
A bill to amend an Act creating a new Charter for the Town of Pooler, so as to change the provisions relating to the time of election, taking of office, and terms of office of the Mayor and Alderman.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 931. By Representatives Randall of the 101st, Birdsong of the 104th, Groover of the 99th, Lucas of the 102nd and Buford of the 103rd:
A resolution designating the Joe A. Whitherington Bridge.
Referred to the Committee on Transportation.

HR 932. By Representatives White of the 132nd, Morton of the 47th, Benn of the 38th, Davis of the 29th and Orrock of the 30th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for additional circumstances for which a judge may be removed, suspended, or otherwise disciplined.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

THURSDAY, FEBRUARY 22, 1990

1567

HB 1972 HB 1973 HB 1974 HB 1975 HB 1976 HB 1977 HB 1978 HB 1979 HB 1980 HB 1981 HB 1982 HB 1983 HB 1984 HB 1985 HB 1986 HB 1987 HB 1988 HB 1989

HB 1990 HB 1991 HB 1992 HB 1993 HB 1994 HB 1995 HR 911 HR 912 SB 434 SB 450 SB 644 SB 695 SB 696 SB 704 SB 716 SB 724 SR 423 SR 432

Representative McDonald of the 12th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1272 Do Pass HR 762 Do Pass HR 719 Do Pass HR 785 Do Pass, as Amended

HR 786 Do Pass HR 787 Do Pass, as Amended HR 776 Do Pass HB 253 Do Pass, by Substitute

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 of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 440 Do Pass, by Substitute SB 597 Do Pass, by Substitute
Respectfully submitted,
Is/ Mangum of the 57th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

1568

JOURNAL OF THE HOUSE,

Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1755 Do Pass, by Substitute HB 1813 Do Pass, by Substitute SB 333 Do Pass, by Substitute
Respectfully submitted,
Is/ Childers of the 15th
Chairman

Representative Clark of the 55th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:

Your Committee on Human Relations & Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 1867 Do Pass

Respectfully submitted, /s/ Clark of the 55th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

SB 230 Do Pass, by Substitute SB 508 Do Pass, by Substitute SB 620 Do Pass SB 503 Do Pass, by Substitute

SB 574 Do Pass SB 613 Do Pass, by Substitute SR 386 Do Pass HB 516 Do Pass, by Substitute

Respectfully submitted,
Is/ Watson of the 114th
Chairman

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 417 Do Pass, by Substitute SB 544 Do Pass, by Substitute HB 1427 Do Pass, by Substitute

THURSDAY, FEBRUARY 22, 1990

1569

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 and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1331 Do Pass, by Substitute HB 1379 Do Pass HB 1662 Do Pass, by Substitute HB 1834 Do Pass HB 1946 Do Pass HB 1951 Do Pass

HB 1969 Do Pass HR 777 Do Pass, by Substitute HR 849 Do Pass HR 861 Do Pass SB 548 Do Pass

Respectfully submitted,
Is/ Thomas of the 69th
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 683 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
Chairman

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 728 Do Pass, by Substitute HB 1547 Do Pass, as Amended

SB 561 Do Pass SB 641 Do Pass

Respectfully submitted, /s/ Twiggs of the 4th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

1570

JOURNAL OF THE HOUSE,

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 122 Do Pass, by Substitute
Respectfully submitted,
Is/ Lee of the 72nd
Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1387 Do Pass, by Substitute SB 512 Do Pass SB 602 Do Pass

HB 1357 Do Pass, by Substitute HB 1899 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 1916 Do Pass HB 1927 Do Pass HB 1942 Do Pass HB 1943 Do Pass HB 1945 Do Pass HB 1952 Do Pass HB 1956 Do Pass HB 1962 Do Pass HB 1967 Do Pass HB 1968 Do Pass
HB 1970 Do Pass

SB 647 Do Pass, as Amended SB 713 Do Pass HB 1955 Do Pass HB 1959 Do Pass SB 720 Do Pass HB 1850 Do Pass HB 1930 Do Pass HB 1953 Do Pass HB 1963 Do Pass HB 1965 Do Pass

Respectfully submitted,
Is/ Lane of the 27th
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

THURSDAY, FEBRUARY 22, 1990

1571

Your Committee on Ways & Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 164 Do Pass, by Substitute HB 1578 Do Pass, by Substitute HB 1618 Do Pass, by Substitute HB 1702 Do Pass

HB 1700 Do Pass HB 1460 Do Pass, by Substitute HR 865 Do Pass

Respectfully submitted,
Is/ Coleman of the 118th
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1955. By Representative Branch of the 137th:
A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the City of Fitzgerald for individuals 65 years of age or older.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Alford Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Barnett,B Y Barnett,M Y Bates
YBeck Benefield Benn Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd
Campbell Y Carrell Y Carter
Chambless YChance Y Cheeks

Y Childers
Clark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Connell Couch Y Crawford Y Cr08hy 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 YEhrhart Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Y F08ter y Godbee
Goodwin Y Green Y Greene
Y Gresham Griffin Groover
YHamilton Y Hanner

YHarris Y Hasty
Heard Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren Hudaon y Irwin
Iaakson 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 Lawson Lee
Y Linder Long
Lord 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
Y Morton Y Moultrie
Mueller Oliver,C Oliver,M
Y Orr Orrock
Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit Pinkston y Poeg
Y Porter Y P08ton Y Powell
Randall YRaneom
Ray
Y Reaves Redding Ricbardaon
Y Ricketeon Robineon
YRoyal y Selman
Simpeon Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens
Street Y Teper
Thomae,C YThomas,M
Thompeon
YThurmond Y Titue Y Tolbert Y Townsend YTwiggs Y Vanghan Y Waddle
Walker,C Walker,L Wall Ware Y Wateon
Watts White Y Wilder Y Williams,B Y Williams,J Y Yates YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

1572

JOURNAL OF THE HOUSE,

HB 1959.

By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd, Benefield of the 72nd and Davis of the 72nd:
A bill to provide a homestead exemption from all City of Riverdale ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, for the full value of the homestead for residents of the City of Riverdale who are 65 years of age or over and whose income does not exceed $6,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Alford Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Barnett,B
Y Barnett,M Y Bates Y Beck
Benefield Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks YBrown Y Buck Y Buford Y Byrd
Campbell
Y Carrell Y Carter
Chambless YChance Y Cheeks

Y Childers
Clark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Connell
Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C
Y Davis,G Y Davis,M YDixon,H Y Dixon,S y Dobbs Y Dover
Dunn Edwards Y Ehrhart Felton Fennel YFloyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham
Griffm Groover Y Hamilton
Y Hanner

Y Harris
Y Hasty
Heard 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
Lane,R Y Langford Y Lawrence
Lawson Lee Y Linder Long Lord Y Lucas Y Lupton
Y Mangum Martin
Y McCoy McDonald
Y McKelvey

Y McKinney,B
Y McKinney,C
Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie
Mueller Oliver,C Oliver,M YOrr Orrock
Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit Pinkston YPoag Y Porter Y Poston YPowell
Randall YRansom
Ray
Y Reaves Redding Richardson
Y Ricketson
Robinson y Royal
YSelman Simpson
Y Sinkfield

Y Smith,L Y Smith,P
Smith,T
Smith,W Smyre YSnow Y Stancil,F
Y Stancii,S Stanley
Y Steele Y Stephens
Streat Y Teper
Thomas,C YThomas,M
Thompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L
Wall Ware Y Watson Watts White YWilder Y Williarns,B Y Williarns,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

SB 713. By Senator Edge of the 28th:
A bill to amend an Act creating a new charter for the City of Griffin, as amended, so as to define the taxation and finance powers of the board of commissioners; to provide that certain property in the homestead of each resident of the City of Griffin who is totally disabled or who is 62 years of age or older and who has less than $12,500.00 of specified income during the preceding calendar year shall be entirely exempt from City of Griffin ad valorem taxation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 22, 1990

1573

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken
Alford Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Barnett,B
Y Barnett,M Y Bates Y Beck
Benefield Benn Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
Campbell
Y Carrell Y Carter
Chambless
Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Connell Couch 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 Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Goodwin Y Green Y Greene Y Gresham
Griffin Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Heard Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Hudson Ylrwin laakson 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
Lawson Lee Y Linder Long Lord
Y Lucas Y Lupton y Mangum
Martin Y McCoy
McDonald Y McKelvey

Y McKinney,B Y McKinney,C
Y Meadows YMilam
Y Mobley Y Moody
Y Morton Y Moultrie
Mueller Oliver,C
Oliver,M Y Orr
Orrock Y Padgett Y Pannell
Parham
Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Richardson
Y Ricketson Robinson
y Royal y Selman
Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow Y Stancii,F Y Stancil,S Stanley Y Steele Y Stephens Streat Y Teper Thomas,C Y Thomas,M Thompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L Wall Ware Y Watson Watts White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1850.

By Representatives Couch of the 36th, Abernathy of the 39th and McKinney of the 40th:
A bill to amend an Act providing a new charter for the City of Hapeville, Georgia, so as to change the provisions relating to elections and terms of the members of the governing authority 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 roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Alford Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Barnett,B Y Barnett,M

Y Bates Y Beck
Benefield Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks YBrown
Y Buck Y Buford YByrd
Campbell Y Carrell

Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Connell Couch 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 Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee

Goodwin Y Green Y Greene
Y Gresham Griffin Groover
Y Hamilton Y Hanner y Harris
Y Hasty Heard Herbert
Y Holcomb Y Holland Y Holmes YHooks

1574

JOURNAL OF THE HOUSE,

YHowren 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
Lane,R Y Langford Y Lawrence
Lawson Lee Y Linder Long

Lord
Y Lucas Y Lupton YMangum
Martin Y McCoy
McDonald YMcKelvey Y McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Oliver,C Oliver,M YOrr

Orrock Y Padgett Y Pannell
Parham
Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter
Y Poston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Robinson

y Royal y Selman
Simpeon Y Sinkfield Y Smith,L Y Smith,P
Smith,T Smith,W Smyre
YSnow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens
Streat Y Teper
Thomaa,C YThomaa,M
Thompeon

YThurmond Y Titus Y Tolbert
YTownaend y Twiggs
YVaughan
Y Waddle Walker,C Walker,L Wall Ware
Y Watson Watts
White YWilder Y Williama,B
Y Williama,J Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1916.

By Representative Murphy of the 18th:
A bill to amend an Act creating the office of sole commissioner of Haralson County, so as to submit to the voters of Haralson County the question of changing the form of government of Haralson County; to provide for the creation of a multimember board of commissioners as the governing authority of Haralson County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Alford Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Barnett,B Y Barnett,M YBatea y Beck
Benefield Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford y Byrd
Campbell Y Carrell Y Carter

Chambleaa
Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L YColeman
Colwell Connell Couch Y Crawford Y Crosby Y Cummings,B Y Cumminga,M Y Davia,C Y Davia,G Y Davia,M Y Dixon,H Y Dixon,S y Dobbs
Y Dover Dunn Edwarda
y Ehrhart
Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Goodwin YGreen

Y Greene Y Greabam
Griffm Groover Y Hamilton Y Hanner YHarria Y Hasty Heard Herbert Y Holcomb Y Holland Y Holmes YHooks YHowren 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
Lane,R Y Langford Y Lawrence
Lawson
Lee Y Linder

Long
Lord Y Lucas Y Lupton y Mangum
Martin YMcCoy
McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows YMilam YMobley Y Moody Y Morton Y Moultrie
Mueller Oliver,C Oliver,M Y Orr Orrock Y Padgett Y Pannell Parham Parrish Y Patten Y Pettit Pinkston YPoag Y Porter Y Poston YPowell

Randall
YRanaom Ray
Y Reaves Redding Richardson
Y Ricketson
Robinson YRoyal y Selman
Simpeon Y Sinkfield Y Smith,L
Y Smith,P Smith,T Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens
Streat Y Teper
Thomaa,C YThomaa,M
Thompeon YThurmond Y Titus Y Tolbert
Y Townsend y Twiggs

THURSDAY, FEBRUARY 22, 1990

1575

Y Vaughan Y Waddle
Walker,C

Walker,L Wall Ware

Y Watson Watts White

Y Wilder Y Williams,B YWilliams,J

Y Yatee YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1927.

By Representative Carter of the 146th:
A bill to amend an Act creating the Board of Commissioners of Berrien County, so as to change the provisions relating to the compensation of 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 roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken AHord Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Barnett,B Y Barnett,M Y Batee Y Beck Benefield Benn Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Connell Couch 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 Edwarde y Ehrhart
Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Goodwin YGreen Y Greene Y Gresham Griffin Groover Y Hamilton
Y Hanner

YHarris Y Hasty
Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudeon y Irwin
I.akson 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 Lawson Lee
Y Linder Long Lord
Y Lucas Y Lupton
YMangum Martin
YMcCoy
McDonald Y McKelvey

Y McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley
Y Moody Y Morton Y Moultrie
Mueller Oliver,C Oliver,M
YOrr Orrock
Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit Pinkston YPoag
Y Porter Y Poston YPowell
Randall Y Ransom
Ray Y Reaves
Redding
Richardeon Y Ricketson
Robinson y Royal Y Selman
Simpson
Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Streat Y Teper
Thomas,C Y Thomas,M
Thompson YThurmond Y Titus Y Tolbert YTownsend y Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L Wall Ware Y Watson Watts White Y Wilder Y Williams,B Y Williams,J Y Yatee YYeargin
Murpby,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1930.

By Representatives Couch of the 36th and McKinney of the 40th:
A bill to amend an Act providing a new charter for the City of Hapeville, so as to provide that the City of Hapeville shall have and be authorized to exercise all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law".

1576

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Alford Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron
Bamett,B Y Barnett,M Y Bates y Beck
Benefield Benn Birdsong Y Bishop
Y Bostick Y Branch
Y Breedlove Y Brooks YBrown
Y Buck Y Buford y Byrd
Campbell Y Carrell Y Carter
ChamhleBB Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell
Connell Couch Y Crawford Y Crosby Y Cummings,B Y Cumminga,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 Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee Goodwin Y Green
Y Greene Y Gresham
Griffin Groover Y Hamilton Y Hanner

Y Harris
Y Hasty
Heard Herbert Y Holcomb Y Holland
Y Hohnes YHooks Y Howren
Hudson Ylrwin
Iaakeon Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingaton
Y Lane,D Lane,R
Y Langford
Y Lawrence
Lawson Lee Y Linder Long Lord Y Lucas Y Lupton YMangum Martin Y McCoy McDonald Y McKelvey

Y McKinney,B Y McKinney,C Y Meadows Y Milam Y Mobley YMoody Y Morton Y Moultrie
Mueller Oliver,C Oliver,M YOrr Orrock Y Padgett Y Pannell Parham Parrish Y Patten Y Pettit Pinkston y Poag
Y Porter Y Poston Y Powell
Randall Y Ransom
Ray YReaves
Redding Richardson Y Ricketson Robinson y Royal
YSehnan Simpson
Y Sinkfield

Y Smith,L
Y Smith,P Smith,T Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Streat Y Teper
Thomas,C YThomas,M
Thompson
YThunnond Y Titus Y Tolbert Y Townsend YTwigga Y Vaughan YWaddle
Walker,C
Walker,L Wall Ware Y Watson
Watts White
YWilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1942.

By Representatives Baker of the 51st, Teper of the 46th, Richardson of the 52nd, Lawrence of the 49th, Williams of the 48th and others:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, so as to change the penalties for ordinance violations.

The report of the Committee, which was favorable to the 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 Allen Y Athon Y Atkins Y Bailey Y Baker

Balkcom Y Bannister Y Barfoot Y Bargeron
Bamett,B Y Bamett,M Y Bates Y Beck
Benefield Benn

Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford y Byrd

Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L

Y Coleman Colwell Connell Couch
Y Crawford Y Crosby Y Cumminga,B Y Cumminga,M Y Davis,C Y Davis,G

THURSDAY, FEBRUARY 22, 1990

1577

Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover
Dunn Edwards Y Ehrhart Felton Fennel
YFloyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham
Griffin Groover Y Hamilton Y Hanner
Y Harris y Hasty
Heard Herbert

Y Holcomb Y Holland Y Holmes YHooks 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
Lane,R Y Langford Y Lawrence
Lawson Lee Y Linder Long Lord 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
Y Morton Y Moultrie
Mueller Oliver,C Oliver,M Y Orr Orrock Y Padgett Y Pannell Parham
Parrish Y Patten Y Pettit
Pinkston

YPoag
Y Porter Y Poston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Robinson y Royal
YSelman Simpson
Y Sinkfield Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow
Y Stancil,F Y Stancil,S
Stanley
Y Steele

Y Stephens Streat
Y Teper
Thomas,C YThomas,M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker,C Walker,L Wall
Ware Y Watson
Watts
White YWilder Y Williama,B Y Williama,J Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1943. By Representatives Baker of the 51st, Teper of the 46th, Richardson of the 52nd, Lawrence of the 49th, Williams of the 48th and others:
A bill to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to change the penalties which may be imposed by such court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy
Y Adams Y Aiken
Alford Allen Y Athon Y Atkins Y Bailey
Y Baket Balkcom
Y Bannister Y Barfoot Y Bargeron
Barnett,B
Y Barnett,M Y Bates Y Beck
Benefield Bonn Birdsong
Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford

Y Byrd
Campbell
Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Connell
Couch 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 Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster Y Godbee
Goodwin
Y Green Y Greene Y Gresham
Griffin Groover Y Hamilton Y Hanner Y Harris Y Hasty Heard Herbert Y Holcomb Y Holland Y Holmes YHooks
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
Lane,R Y Langford Y Lawrence
Lawson Lee Y Linder Long Lord Y Lucas Y Lupton y Mangum
Martin Y McCoy
McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie

Mueller Oliver,C Oliver,M
YOrr Orrock
Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit Pinkston y Poag
Y Porter Y Poston
Y Powell Randall
Y Ransom Ray
Y Reaves Redding
Richardson Y Ricketson
Robinson y Royal y Selman
Simpson
Y Sinkfield Y Smith,L

1578
YSmith,P Smith,T Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S

JOURNAL OF THE HOUSE,

Stanley
Y Steele Y Stephens
Streat Y Teper
Thomas,C Y Thomas,M

Thompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs Y Vaughan

YWaddle Walker,C Walker,L Wall Ware
Y Watson Watts

White YWilder
Y Williams,B Y William.s,J Y Yatee YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1945. By Representatives Irwin of the 13th, Clark of the 13th, Thurmond of the 67th and Stephens of the 68th:
A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, so as to provide for the number of members and for the election of members of the Board of Education of Clarke 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:

Aaron Abernathy Y Adams Y Aiken Alford Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Barnett,B Y Ba~nett,M
YBatee Y Beck
Benefield Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford Y Byrd Campbell Y Carrell Y Carter Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Connell Couch 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 Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Goodwin
YGreen Y Greene Y Gresham
Griffin Groover Y Hamilton
Y Hanner

Y Harris Y Hasty
Heard Herbert Y Holcomb Y Holland Y Holmes YHooks 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
Lane,R Y Langford
Y Lawrence Lawson Lee
Y Linder Long
Lord 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 Y Morton Y Moultrie
Mueller Oliver,C Oliver,M Y Orr Orrock Y Padgett Y Pannell Parham Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston Y Powell
Randall YRansom
Ray Y Reaves
Redding Richardson Y Ricketson Robinson y Royal
YSelman Simpeon
Y Sinkfield

Y Smith,L Y Smith.P
Smith,T Smith,W Smyre YSnow Y Stancil,F Y Stancil.S Stanley Y Steele Y Stephens Streat Y Teper Thomas,C Y Thomas,M Thompeon YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L Wall Ware Y Watson Watts White YWilder Y William.s,B Y William.s,J Y Yatee y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 22, 1990

1579

HB 1952.

By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the Town of East Dublin, so as to change the corporate name of the Town of East Dublin to the City of East Dublin.

The report of the Committee, which was favorable to the 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
AHord Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Bamett,B Y Bamett,M
Y Bates y Beck
Benefield
Benn Birdsong Y Bishop
Y Boetick Y Branch Y Breedlove Y Brooks
Y Brown Y Buck Y Buford y Byrd
Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L
Y Coleman Colwell Connell Couch
Y Crawford Y Croeby Y Cumminga,B Y Cumminga,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H
Y Dixon,S Y Dobba Y Dover
Dunn Edwarda y Ehrhart
Felton Fennel Y Floyd,J.M Y Floyd,J.W
Y Footer y Godbee
Goodwin YGreen Y Greene Y Greeharn
Griffm Groover Y Hamilton Y Hanner

YHarris Y Hasty
Heard Herbert YHolcomb Y Holland Y Holmee
Y Hooks Y Howren
Hudson y Irwin
Isakson Y Jackaon,J Y Jackaon,W Y Jamieeon Y Jenkins Y Johnson
YJonee Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford
Y Lawrence Lawson Lee
Y Linder Long
Lord 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
Y Morton Y Moultrie
Mueller Oliver,C Oliver,M
YOrr Orrock
Y Padgett
Y Pannell Parham Parrish
Y Patten Y Pettit
Pinkston y Poag
Y Porter
Y Poeton YPowell
Randall Y Raneom
Ray Y Reaves
Redding Richardson Y Ricketson Robinson y Royal y Selman Simpson
Y Sinkfield

YSmith,L Y Smith,P
Smith,T Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele
Y Stephens Streat
Y Teper Thomaa,C
YThomaa,M Thompson
YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vangban
Y Waddle Walker,C Walker,L Wall Ware
Y Watson
Watta White
Y Wilder Y Williams,B Y Williams,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1953.

By Representative Poag of the 3rd:
A bill to continue the Board of Education of Murray County and provide for its composition, powers, duties, rights, obligations, and liabilities; to provide for an at-large member of that board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy YAdame Y Aiken AHord

Allen Y Athon Y Atkins Y Bailey Y Baker

Balkcom Y Bannister Y Barfoot Y Bargeron
Bamett,B

Y Bamett,M YBates YBeck
Benefield Benn

Birdsong Y Bishop
Y Boetick Y Branch Y Breedlove

1580

JOURNAL OF THE HOUSE,

Y Brooks Y Brown Y Buck Y Buford YByrd
Campbell Y Carrell Y Carter
Chambless YChance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Connell Couch 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 Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Goodwin
Y Green Y Greene
Y Gresham Griffin
Groover
Y Hamilton Y Hanner
Y Harris Y Hasty
Heard Herbert Y Holcomb Y Holland
Y Holmes YHooks 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
Lane,R Y Langford Y Lawrence
Lawson Lee Y Linder Long Lord Y Lucas Y Lupton y Mangum
Martin Y McCoy
McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Oliver,C

Oliver,M Y Orr
Orrock Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit Pinkston y Poag
Y Porter Y Poston Y Powell
Randall Y Ransom
Ray
Y Reaves Redding
Richardson Y Ricketson
Robinson y Royal
YSelman Simpson
Y Sinkfield Y Smith,L Y Smith,P
Smith,T Smith,W Smyre

YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens
Streat Y Teper
Thomas,C. YThomas,M
Thompson YThurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vanghan
YWaddle Walker,C Walker,L
Wall Ware Y Watson Watts White YWilder YWilliams,B Y Williams,J Y Yatea Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1956.

By Representatives Padgett of the 86th, Ransom of the 90th, Harris of the 84th, Jackson of the 83rd, Connell of the 87th and others:
A bill to amend an Act creating the Augusta Judicial Circuit, so as to authorize the governing authority of each county comprising the Augusta Judicial Circuit to supplement the state paid compensation of probation officers and other probation personnel of the Augusta Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams
Y Aiken Alford Allen
Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates y Beck
Benefield Benn Birdsong Y Bishop Y Bostick

Y Branch
Y Breedlove Y Brooks
Y Brown Y Buck Y Buford y Byrd
Campbell Y Carrell
Y Carter Chambless
YChance
Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Connell
Couch 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
YEhrhart Felton Fennel
Y Floyd,J.M
Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green Y Greene
Y Gresham Griffin

Groover Y Hamilton Y Hanner
YHarris Y Hasty
Heard Herbert YHolcomb Y Holland Y Holmes YHooks 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
Lane,R Y Langford
Y Lawrence
Lawson Lee Y Linder Long
Lord Y Lucas Y Lupton y Mangum
Martin Y McCoy
McDonald Y McKelvey Y McKinney,B Y McKinney,C Y Meadows YMilam Y Mobley YMoody
Y Morton

THURSDAY, FEBRUARY 22, 1990

1581

Y Moultrie Mueller Oliver,C Oliver,M
Y Orr Orrock
Y Padgett Y Paonell
Parham Parrish Y Patten Y Pettit Pinkston

Y Poag
Y Porter
Y Poston Y Powell
Randall Y Ransom
Ray
Y Reaves Redding
Richardson Y Ricketson
Robinson y Royal

Y Selmao
Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith,T Smith,W
Smyre YSnow Y Staocii,F Y Staocii,S
Staoley Y Steele

Y Stephens Streat
Y Teper Thomas,C
YThomas,M Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughao Y Waddle

Walker,C
Walker,L Wall Ware Y Watson
Watts White Y Wilder Y Williarns,B Y Williarns,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1962. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to provide for an advisory referendum election to be held in Catoosa County for the purpose of determining whether or not the adoption of a comprehensive land use plan and zoning ordinance for unincorporated Catoosa County is preferred by the electors of such 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:

Aaron Abernathy
Y Adams Y Aiken
Alford Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Baonister Y Barfoot Y Bargeron Barnett,B Y Barnett,M Y Bates YBeck Benefield
Benn Birdsoug Y Bishop Y Bostick Y Braoch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Campbell Y Carrell Y Carter Chambless Y Chaoce Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L
Y Colemao Colwell Connell Couch
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 Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham
Griffin Groover Y Hamilton Y Hanner

Y Harris
Y Hasty
Heard Herbert Y Holcomb Y Holland Y Holmes YHooks
Y Howren Hudson
Ylrwin Iaskson
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
Lawson Lee
Y Linder Long Lord
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 Y Morton Y Moultrie
Mueller Oliver,C Oliver,M YOrr
Orrock Y Padgett
Y Pannell Parham Parrish
Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell
Randall YRansom
Ray Y Reaves
Redding Richardson Y Ricketson Robinson y Royal
YSelman Simpson
Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow Y Staocii,F Y Staocii,S Stanley Y Steele Y Stephens Streat Y Teper Thomas,C YThomas,M Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughao Y Waddle
Walker,C Walker,L Wall Ware Y Watson Watts White YWilder Y Williarns,B Y Williarns,J Y Yates YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1582

JOURNAL OF THE HOUSE,

HB 1963. By Representatives Simpson of the 70th, Thomas of the 69th and Jones of the 7lst:
A bill to amend an Act relating to the board of education and school superintendent of the Carroll County School District, so as to change the education districts of said school 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 roll call was ordered and the vote was as follows:

Aaron
Abernathy Y Adams Y Aiken
Alford Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Barnett,B Y Barnett,M Y Bates y Beck
Benefield
Benn Birdsong Y Bishop
Y Bootick Y Branch Y Breedlove
Y Brooks Y Brown
YBuck Y Buford Y Byrd
Campbell
Y Carrell Y Carter
Chambless YChance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Connell
Couch Y Crawford Y Crooby 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 Fennel
Y Floyd,J.M
Y Floyd,J.W
Y Foster y Godbee
Goodwin
YGreen Y Greene
Y Gresham Griffin Groover
Y Hamilton Y Hanner

YHarris
Y Hasty
Heard Herbert Y Holcomb Y Holland Y Holmes
YHooks YHowren
Hudson Y Irwin
Iaskaon 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
Lawson Lae Y Linder Long Lord Y Lucas Y Lupton y Mangum Martin Y McCoy
McDonald Y McKelvey

Y McKinney,B
Y McKinney,C
YMeadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie
Mueller Oliver,C Oliver,M Y Orr Orrock Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson
Robinson YRoyal y Selman
Simpeon
Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Stanley Y Steele Y Stephens Strest Y Teper Thomas,C YThomas,M Thompeon YThurmond YTitus Y Tolbert YTownsend YTwiggs Y Vaughan Y Waddle Walker,C Walker,L Wall Ware Y Watson Watts White YWilder YWilliams,B Y Williams,J Y Yates YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1965.

By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd, Benefield of the 72nd, Davis of the 72nd and others:
A bill to amend an Act establishing a new charter for the City of College Park, so as to authorize the City of College Park to have and be authorized to exercise any and all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as now or hereafter amended, and to provide for certain 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 roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 22, 1990

1583

Aaron Abernathy Y Adams Y Aiken AHord Allen Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M YBates y Beck
Benefield Benn Birdsong Y Bishop Y Boetick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Campbell
Y Carrell Y Carter
Chambless YCbance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Connell
Couch Y Crawford Y Croeby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Diion,H
Y Dixon,S y Dobbe Y Dover
Dunn Edwards y Ebrbart
Felton Fennel Y Floyd,J.M
Y Floyd,J.W Y Foeter y Godbee
Goodwin YGreen Y Greene Y Gresham
Griffin Groover
Y Hamilton Y Hanner

YHarris Y Hasty
Heard Herbert Y Holcomb
Y Holland Y Holmes
YHooks Y Howren
Hudson Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingeton
Y Lane,D Lane,R
Y Langford
Y Lawrence Lawson
Lae Y Linder
Long Lord 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 Y Morton
Y Moultrie Mueller Oliver,C Oliver,M
YOrr Orrock
Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit Pinkston YPoag Y Porter Y Poeton YPowell
Randall YRansom
Ray Y Reaves
Redding Richardson Y Ricketson
Robinson y Royal y Selman
Sirnpeon Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow Y Stancii,F
Y Stancil,S Stanley
Y Steele Y Stephens
Streat Y Teper
Thomas,C Y Thomas,M
Thompeon Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Walker,C Walker,L
Wall Ware Y Watson Watts White Y Wilder Y WilliamsB Y Williams:_, Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1967. By Representatives Howren of the 20th, Clark of the 20th, Gresham of the 21st, Thompson of the 20th, Atkins of the 21st and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, the chief deputy sheriff, the chief investigator, and the executive assistant 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 roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken AHord Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Bamett,B Y Barnett,M

Y Bates
Y Beck Benefield Benn Birdsong
Y Bishop Y Boetick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford Y Byrd
Campbell Y Carrell

Y Carter Chamblesa
YCbance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Connell
Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M

Y Davis,C
Y Davis,G Y Davis,M Y Diion,H Y Diion,S
Y Dobbe Y Dover
Dunn Edwards YEhrbart Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Foeter y Godbee

Goodwin Y Green Y Greene Y Gresham
Griffm Groover Y Hamilton Y Hanner y Harris y Hasty
Heard Herbert Y Holcomb Y Holland Y Holmes YHooks

1584

JOURNAL OF THE HOUSE,

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
Lane,R Y Langford Y Lawrence
Lawson Lee Y Linder Long

Lord
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 Y Morton Y Moultrie
Mueller Oliver,C Oliver,M Y Orr

Orrock Y Padgett
Y Pannell Parham
Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Robinson

y Royal
Y Selman Simpson
Y Sinkfield
Y Smith,L Y Smith,P
Smith,T Smith,W Smyre
YSnow Y Stancil,F Y StancU,S
Stanley Y Steele Y Stephens
Streat Y Teper
Thomas,C Y Thomas,M
Thompson

YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L Wall Ware Y Watson Watts White YWilder Y WUliams,B Y Williams,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1968.

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 roll call was ordered and the vote was as follows:

Aaron Abernathy
Y Adams Y Aiken
Alford Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Bamett,B Y Barnett,M
Y Bates y Beck
Benefield Benn Birdsong YBishop
Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown Y Buck Y Buford Y Byrd
Campbell
Y Carrell Y Carter
Chambless
Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman
Colwell Connell Couch 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 Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Goodwin Y Green Y Greene Y Gresham Griffin Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Heard Herbert YHolcomb YHolland Y Holmes Y Hooks Y Howren Hudson Ylrwin Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kiugston YLane,D Lane,R Y Langford Y Lawrence
Lawson Lee Y Linder Long Lord Y Lucas Y Lupton y Mangum
Martin YMcCoy
McDonald Y McKelvey

Y McKinney,B
Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie
Mueller Otiver,C Otiver,M YOrr Orrock Y Padgett
Y Pannell Parham Parrish
Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding
Richardson Y Ricketson
Robinson y Royal
YSelman Simpson
Y Sinkfield

On the passage of the Bill, the ayes were 120, nays 0.

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Stanley Y Steele Y Stephens Streat Y Teper Thomas,C YThomas,M Thompson YThurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Walker,C Walker,L Wall
Ware Y Watson
Watts White YWilder Y WUliams,B Y Williams,J Y Yates YYeargin Murphy,Spkr

THURSDAY, FEBRUARY 22, 1990

1585

The Bill, having received the requisite constitutional majority, was passed.

HB 1970. By Representative Ray of the 98th: A bill to provide for the Board of Education of Peach County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Alford Allen
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates YBeck
Benefield Benn Birdsong Y Bishop Y Boetick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Campbell Y Carrell Y Carter Chambless
YChance Y Cheeks

Y Childers
Clark,B
Y Clark,H Y Clark,L YColeman
Colwell
Connell Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davia,G Y Davia,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover
Dunn Edwards Y Ehrhart Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Foeter Y Godbee Goodwin
Y Green Y Greene Y Gresham
Griff"m Groover Y Hamilton
Y Hanner

Y Harris Y Hasty
Heard Herbert Y Holcomb Y Holland Y Holmes YHooks 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 Lane,R Y Langford Y Lawrence Lawson Lee Y Linder Long Lord Y Lucas Y Lupton YMangum Martin Y McCoy McDonald Y McKelvey

Y McKinney,B
Y McKinney,C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie
Mueller Oliver,C Oliver,M Y Orr
Orrock Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit Pinkston y Poag
Y Porter Y Poston YPowell
Randall Y Ransom
Ray
Y Reaves Redding Richardson
Y Ricketson Robinson
y Royal
YSelman Simpson
Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow
Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Streat Y Teper
Thomas,C YThomas,M
Thompson YThurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vanghan YWaddle
Walker,C Walker,L Wall Ware Y Watson Watts White YWilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 647. By Senator McKenzie of the 14th:
A bill to provide a new charter for the City of Ellaville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority.

The following amendment was read and adopted:

Representative Edwards of the 112th moves to amend SB 647 by striking from line 1 of page 36 the following:
"The",

1586

JOURNAL OF THE HOUSE,

and inserting in lieu thereof the following:
"(a) The councilmembers shall be elected from five council districts, from and by the voters of such council districts. A candidate for councilmember must be a resident and qualified voter of the council district he or she seeks to represent. The mayor shall be elected by the voters of the entire City of Ellaville and must be a resident and qualified voter of the city.
(b) The mayor and councilmembers to serve in Posts 1 and 3 shall be elected in December of 1990 for terms of three years and until their successors are elected and qualified. Thereafter, successors to the mayor and such councilmembers shall be elected for terms of four years as provided in Section 5.11 of this charter. The councilmembers to serve in Posts 2, 4, and 5 shall be elected in December of 1991 for terms of four years and until their successors are elected and qualified and thereafter for terms of four years as provided in Section 5.11 of this charter.
(c) The mayor and".
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
Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Bamett,B Y Bamett,M
Y Bates Y Beck
Benefield Benn Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford Y Byrd
Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman
Colwell
Connell Couch 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 Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee
Goodwin Y Green
Y Greene Y Gresham
Griffm Groover Y Hamilton Y Harmer

YHarris
Y Hasty Heard Herbert
Y Holcomb Y Holland
YHolmes YHooks 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
Lane,R Y Langford Y Lawrence
Lawson Lee Y Linder Long Lord 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 Y Morton Y Moultrie
Mueller Oliver,C Oliver,M YOrr
Orrock Y Padgett Y Parmell
Parham Parrish Y Patten Y Pettit Pinkston YPoag Y Porter Y Poston Y Powell
Randall Y Ransom
Ray YRaaves
Redding Richardson Y Ricketaon Robinson y Royal y Selman
Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens
Streat Y Teper
Thomas,C YThomas,M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Walker,C Walker,L
Wall Ware Y Wataon
Watts White YWilder Y Williama,B Y Williams,J Y Yates y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 720. By Senator Peevy of the 48th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, as amended, so as to change the corporate limits of the city.

THURSDAY, FEBRUARY 22, 1990

1587

The report of the Committee, which was favorable to the 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
YAdams Y Aiken
Alford Allen Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Barnett,B Y Barnett,M
Y Batee y Beck
Benefield Benn Birdaong Y Bishop
Y Boatick Y Branch Y Breedlove
Y Brooka YBrown YBuck
Y Buford y Byrd
Campbell Y Carrell Y Carter
Chambless
YCbance YCheeka

Y Childers
Clark,B Y Clark,H Y Clark,L
YColeman Colwell Connell Couch
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 Dobba
Y Dover Dunn Edwarda
YEhrhart Felton Fennel
Y Floyd,J.M Y Floyd,J.W Y Foater y Godbee
Goodwin YGreen Y Greene
Y Greaham Griffm Groover
Y Hamilton Y Hanner

Y Harris y Haaty
Heard Herbert
Y Holcomb Y Holland Y Holmes YHooka YHowren
Hudaon y Irwin
Isakaon Y Jackaon,J Y Jackaon,W Y Jamieaon Y Jenkina Y Johnaon Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford Y Lawrence
Lawaon Lee Y Linder Long
Lord Y LuC811 Y Lupton YMangum
Martin Y McCoy
McDonald Y McKelvey

Y McKinney,B Y McKinney,C Y Meadows y Milam
Y Mobley y Moody
Y Morton Y Moultrie
Mueller Oliver,C
Oliver,M YOrr
Orrock Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit Pinkaton y Poag
Y Porter Y Poaton Y Powell
Randall Y Ranaom
Ray Y Reaves
Redding Richardaon Y Ricketaon Robinaon y Royal y Selman
Simpaon
Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W Smyre YSnow Y Stancil,F
Y Stancil.S Stanley
Y Steele Y Stephena
Streat Y Teper
Thomaa,C YThomaa,M
Thompaon YThurmond YTitua Y Tolbert Y Townaend YTwigp Y Vaughan
Y Waddle Walkar,C Walker,L Wall Ware
Y Wataon
Watta White Y Wilder y Williama,B
Y Williama,J Y Yatee YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 120, 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 451. By Senators Kidd of the 25th, Olmstead of the 26th, Harris of the 27th and others:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide procedures for determination that a vehicle is a derelict motor vehicle; to provide for disposition of derelict motor vehicles; to provide for notice and procedures; to provide for cancellation of the title of a derelict vehicle; to provide for penalties.

1588

JOURNAL OF THE HOUSE,

SB 534. By Senators Ray of the 19th, Gillis of the 20th and English of the 21st:
A bill to amend Code Section 27-1-5 of the Official Code of Georgia Annotated, relating to the applicability of the Georgia Administrative Procedure Act to the rules and regulations of the Board of Natural Resources; to amend Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, so as to provide that a petition for judicial review of a final decision of the Board of Natural Resources to a superior court shall be heard by such court.

SB 658. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide for offenses bailable only before the superior court in certain instances.

SB 669. By Senators Deal of the 49th, Kidd of the 25th, Starr of the 44th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to certain duties of the Council of Juvenile Court Judges; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to places of detention.

SB 688. By Senator Shumake of the 39th:
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 agent to make health care decisions on behalf of such person; to provide a short title; to provide for legislative purpose; to provide definitions; to provide for limitations on health care agencies; to provide for revocation and amendment of health care agencies.

SB 699. By Senator Baldwin of the 29th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that neither computer programs nor computer software are subject to the provisions of said article; to define terms; to provide an effective date.

SB 725. By Senator Parker of the 15th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that nursing homes shall notify residents, residents' representatives, residents' next of kin, and potential residents of the facility's violation of applicable rules and regulations and of related actions by the department; to provide for lists of nursing homes which have violated certain rules and regulations.

SB 727. By Senators Hammill of the 3rd and Echols of the 6th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms of the Superior Court of Glynn County in the Brunswick Circuit; to provide an effective date.

THURSDAY, FEBRUARY 22,1990

1589

SB 728. By Senator Foster of the 50th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to authorize the employment of certain minors in the care and maintenance of lawns, gardens, and shrubbery if such minor is covered either by an accident and sickness insurance plan or a workers' compensation insurance plan and if certain other conditions are met.

HB 230. By Representatives Smyre of the 92nd and Green of the 106th:
A bill to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the state salary paid to district attorneys emeritus, so as to provide for a minimum state salary; to provide that such minimum state salary shall apply to the calculation of spouses' benefits.

HB 1181. By Representatives Walker of the 115th, Groover of the 99th and Watson of the 114th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to prohibit the telephonic transmission of certain unsolicited commercial facsimile messages.

HB 1601. By Representative Lane of the 27th:
A bill to amend Chapter 43 of Title 36 of the Official Code of Georgia Annotated, relating to city business improvement districts, so as to authorize the assessment and collection of surcharges on business license fees and occupation taxes to fund supplemental services provided within a district.

SB 731. By Senator Kidd of the 25th:
A bill to provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Ocmulgee Judicial Circuit; to provide an effective date; to repeal a specific Act.

SB 742. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide an effective date.

SB 743. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date.

SB 744. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
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 State Court of Cobb County; to provide an effective date.

1590

JOURNAL OF THE HOUSE,

HB 1666. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city.

HB 1717. By Representative Stancil of the 66th:
A bill to amend an Act creating the office of tax commissioner of Morgan County, so as to change the compensation of the tax commissioner.

HB 1786.

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 provisions relating to selection of the members of the board and their terms of office.

HB 1822.

By Representative Carter of the 146th:
A bill to amend an Act establishing a new charter for the City of Nashville, 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 1823.

By Representative Carter of the 146th:
A bill to amend an Act providing and establishing a new charter for the Town of Alapaha, 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 1824.

By Representative Carter of the 146th:
A bill to amend an Act incorporating the City of Ray City, 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 1825.

By Representative Carter of the 146th:
A bill to amend an Act providing a new charter for the Town of Enigma, 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 1828. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to authorize the governing authority of Liberty 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 1830.

By Representative Murphy of the 18th:
A bill to amend an Act reincorporating and providing a new charter for the City of Tallapoosa, so as to change provisions relating to regular meetings of the Mayor and Council; to change provisions relating to the city attorney.

HB 1831. By Representative Smith of the 78th:
A bill to amend an Act providing that certain costs in certain criminal cases and quasi-criminal cases shall be used for the purpose of maintaining the Butts County courthouse, so as to provide that such Act shall apply to certain criminal and quasi-criminal cases in the Probate Court of Butts County.

THURSDAY, FEBRUARY 22, 1990

1591

HB 1832.

By Representative Smith of the 78th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to change certain provisions relating to the supplemental salary of the chief magistrate of that court.

HB 1836.

By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating the Board of Commissioners of Newton County, so as to change the provisions relating to the salary and expense allowances of members of the board.

HB 1840.

By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, so as to change the corporate limits of the city.

HB 1841.

By Representative Ware of the 77th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, so as to change the amount of compensation of the sheriff.

HB 1844.

By Representatives Bargeron of the 108th and Godbee of the llOth:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the compensation of the chairman and other members of the board.

HB 1849. By Representatives Buford of the 103rd, Pinkston of the 100th, Groover of the 99th, Birdsong of the 104th and Lucas of the 102nd:
A bill to amend Section 57 of an Act approved August 27, 1872, "An Act to amend the several Acts incorporating the City of Macon, and for other purposes,"

SB 645. By Senator Peevy of the 48th:
A bill to provide a homestead exemption from all City of Buford ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for residents of the City of Buford who are 65 years of age or over or who are disabled and whose income does not exceed $25,000.00; to provide an exception with respect to land in excess of one acre.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:

SR 416. By Senators Taylor of the 12th, Garner of the 30th and Turner of the 8th:
A resolution urging the Supreme Court to direct the implementation of crime prevention systems in all judicial circuits.

SR 419. By Senators Perry of the 7th, Taylor of the 12th, Parker of the 15th and others:
A resolution designating the Trans-South Parkway.

1592

JOURNAL OF THE HOUSE,

SR 444. By Senators Coleman of the 1st, Scott of the 2nd and Hammill of the 3rd: A resolution designating the Mills B. Lane, Jr., Bridge.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 67. By Representative Wall of the 61st:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that a person who has an out-of-state or out-of-county custody order must have its validity determined by the superior court of the county in which the school is located before that person may pick up his or her child or children from school.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1239.

By Representatives Allen of the 127th, Mueller of the ,126th, Johnson of the 123rd, Pannell of the 122nd and Dixon of the 128th:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to change the provisions relating to senior judges of the recorder's court; to provide for the compensation of senior judges.

HB 1254.

By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th, Barnett of the 59th, Hamilton of the 124th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authorization Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 545. By Senators Gillis of the 20th, Dawkins of the 45th and English of the 21st:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for mandatory drug testing for certain state officials and employees and candidates for certain state offices; to provide for legislative findings; to provide for definitions; to provide for conditions, practices, procedures, and requirements connected with such testing.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 451. By Senators Kidd of the 25th, Olmstead of the 26th, Harris of the 27th and others:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide procedures for determination that a vehicle is a derelict motor vehicle; to provide for disposition of derelict motor vehicles; to provide for notice and procedures; to provide for cancellation of the title of a derelict vehicle; to provide for penalties.
Referred to the Committee on Motor Vehicles.

THURSDAY, FEBRUARY 22, 1990

1593

SB 534. By Senators Ray of the 19th, Gillis of the 20th and English of the 21st:
A bill to amend Code Section 27-1-5 of the Official Code of Georgia Annotated, relating to the applicability of the Georgia Administrative Procedure Act to the rules and regulations of the Board of Natural Resources; to amend Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, so as to provide that a petition for judicial review of a final decision of the Board of Natural Resources to a superior court shall be heard by such court.
Referred to the Committee on Natural Resources & Environment.

SB 545. By Senators Gillis of the 20th, Dawkins of the 45th and English of the 21st:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for mandatory drug testing for certain state officials and employees and candidates for certain state offices; to provide for legislative findings; to provide for definitions; to provide for conditions, practices, procedures, and requirements connected with such testing.
Referred to the Committee on Governmental Affairs.

SB 645. By Senator Peevy of the 48th:
A bill to provide a homestead exemption from all City of Buford ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for residents of the City of Buford who are 65 years of age or over or who are disabled and whose income does not exceed $25,000.00; to provide an exception with respect to land in excess of one acre.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 658. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide for offenses bailable only before the superior court in certain instances.
Referred to the Committee on Special Judiciary.

SB 669. By Senators Deal of the 49th, Kidd of the 25th, Starr of the 44th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to certain duties of the Council of Juvenile Court Judges; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to places of detention.
Referred to the Committee on Judiciary.

SB 688. By Senator Shumake of the 39th:
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 agent to make health care decisions on behalf of such person; to provide a short title; to provide for legislative purpose; to provide definitions; to provide for limitations on health care agencies; to provide for revocation and amendment of health care agencies.
Referred to the Committee on Judiciary.

1594

JOURNAL OF THE HOUSE,

SB 699. By Senator Baldwin of the 29th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that neither computer programs nor computer software are subject to the provisions of said article; to define terms; to provide an effective date.
Referred to the Committee on Industry.

SB 701. By Senator Land of the 16th:
A bill to amend Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at grade crossings, so as to provide certain time limitations on the planning, acquisition, and installation of protective devices at grade crossings.
Referred to the Committee on Transportation.

SB 725. By Senator Parker of the 15th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that nursing homes shall notify residents, residents' representatives, residents' next of kin, and potential residents of the facility's violation of applicable rules and regulations and of related actions by the department; to provide for lists of nursing homes which have violated certain rules and regulations.
Referred to the Committee on Health & Ecology.

SB 727. By Senators Hammill of the 3rd and Echols of the 6th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms of the Superior Court of Glynn County in the Brunswick Circuit; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 728. By Senator Foster of the 50th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to authorize the employment of certain minors in the care and maintenance of lawns, gardens, and shrubbery if such minor is covered either by an accident and sickness insurance plan or a workers' compensation insurance plan and if certain other conditions are met.
Referred to the Committee on Industry.

SB 731. By Senator Kidd of the 25th:
A bill to provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Ocmulgee Judicial Circuit; to provide an effective date; to repeal a specific Act.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 22,1990

1595

SB 742. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 743. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 744. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
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 State Court of Cobb County; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 416. By Senators Taylor of the 12th, Garner of the 30th and Turner of the 8th:
A resolution urging the Supreme Court to direct the implementation of crime prevention systems in all judicial circuits.
Referred to the Committee on Judiciary.

SR 419. By Senators Perry of the 7th, Taylor of the 12th, Parker of the 15th and others:
A resolution designating the Trans-South Parkway.
Referred to the Committee on Transportation.

SR 442. By Senators Parker of the 15th and Land of the 16th:
A resolution creating the Columbus-Fort Benning Economic Impact Study Commission.
Referred to the Committee on Rules.

SR 444. By Senators Coleman of the 1st, Scott of the 2nd and Hammill of the 3rd: A resolution designating the Mills B. Lane, Jr., Bridge.
Referred to the Committee on Transportation.

Representative Orr of the 9th served notice that at the proper time he would move that the House disagree to the unfavorable report of the Committee on the following Resolution of the House:

1596

JOURNAL OF THE HOUSE,

HR 631. By Representatives Orr of the 9th, Langford of the 7th, Clark of the 20th, Ehrhart of the 20th, White of the 132nd and others:
A resolution proposing an amendment to the Constitution so as to limit persons serving in the office of Lieutenant Governor to two consecutive fouryear terms of office; to provide that no person who has served two consecutive terms of office as Lieutenant Governor may be elected to that office until after the expiration of four years from the conclusion of his final term; to limit persons serving as Speaker of the House of Representatives to four consecutive two-year terms.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 22, 1990

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:

HB 46 HB 999 HB 1050 HB 1144 HB 1145 HB 1158 HB 1298 HB 1383 HB 1425 HB 1449 HB 1480 HB 1482 HB 1484 HB 1490 HB 1513 HB 1598 HB 1614 HB 1620 HB 1709 HB 1757 HB 1779 HB 1797 HB 1807 HB 1811 HB 1889 HB 1957

Employees' Retirement; Certain Military Service; Credit Health Care; Attorney in Fact to Make Certain Decisions Eminent Domain; Cert. Maintenance of Condemned Property Ed; Courses Concerning Alcohol, Smoking and Drug Abuse; Req. Ret.; Public Employees Convicted of Cert. Crimes; Forfeit Benefits Parking Areas; Criminal Trespass by Motor Vehicle; Sign Tax Receivers; Duties Home Health Agency; Certificate of Need; Cert. Exemption Mobile Homes; Decals; Requirements Trade Secrets Act of 1990; Provide Tax Officials; Executions Against Public Utilities; Issuance Comp. of Cert. County Officials; Effective Date of Census Children/Youth; Emp. Training; Human Resources Provide Occupational Tax; Prof. Counselors/Soc. Wkrs. Etc.; Exemption State Employees; Sick Leave; Authorization Education; Student ID Cards; Issuance Public Revenue Code; Reference Date; Federal Tax Code Tax Sales; Advertisements; Written Notice of Execution Manufactured/Mobile Homes; Installation; Regulation GeorgiaNet Authority; Create Retired Magistrates; Marriage Ceremonies; Perform Driver's license; Abstract; Furnish to Certain Agencies Boats; Discharge of Sewage on Certain Lakes; Prohibitions Civil Practice; Land Levies; Notification Ga. Agrirama Development Authority Overview Committee; Establish Sewage Holding Tank Act; Provide

HR 122 Bal. Budget; Urge U.S. Amendment; Constitution Conv; Rescind Request HR 809 State Health Planning Agency; Cert. Studies/Reports; Direction HR 812 "Plantation Parkway"; Designate HR 834 Liberty County; Convey property HR 850 Cherokee County; Convey Property

SR 280 Jennie Weyman Memorial Bridge; Designate

Bills and Resolutions on this calendar may be called in any order the Speaker desire~~,.

Respectfully submitted,
Is/ Lee of the 72nd
Chairman

THURSDAY, FEBRUARY 22, 1990

1597

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 1383.

By Representatives Green of the 106th, Childers of the 15th, Ricketson of the 82nd, Parham of the 105th and Parrish of the 109th:
A bill to amend Article 7 of Title 31 of the Official Code of Georgia Annotated, relating to home health agencies, so as to change a certain term; to clarify the scope of home health agency service areas which are exempt from a certificate of need.

The following Committee substitute was read and adopted:

A BILL
To amend Article 7 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to home health agencies, so as to change a certain term; to clarify the scope of home health agency service areas which are exempt from a certificate of need; to prohibit certain requests for or issuance of exemption determinations; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to home health agencies, is amended by striking Code Section 31-7-155, relating to certificates of need for new service, and inserting in its place a new Code Section 31-7-155 to read as follows:
"31-7-155. _{!!)_ No home health agency initiating service or extending the range of its service area shall be licensed unless the Health Planning ltftli De.elepmen:t Agency determines, in accordance with Article 3 of Chapter 6 of this title and regulations pursuant thereto, that there is a need for said services within the area to be served. All home health agencies which were delivering services prior to July 1, 1979, and were certified for participation in either Title XVIII or Title XIX of the federal Social Security Act prior to such date shall be exempt from a certificate of need, except in those instances where expansion of services or service areas is requested by such home health agencies. Such exemption from a certificate of need shall extend to all areas in which a home health ~ was licensed Q.y the department ~ provide services on Q!:before Decelnber
;n_, 1989, except!!!! provided!!! subsection (b) Qf this Code section.
(b) Concerning an exemption from !'! certificate Qf need pursuant ~ subsection (a)
Qf this Code section, service areas which were the subject Qf litigation pending fu !'!!!Y
court Qf competent jurisdiction, whether Q.y ~ Qf appeal, remand, stay, Q!: otherwise,
!!!! Qf December ;n_, 1989, shall not be ~ exempt except _!!!! set forth !!! the final unap-
pealed administrative Q!: judicial decision rendered !!! such litigation. (c) Except with respect ~ !'! home health agency's service areas which were the sub-
~ Qf litigation pending _\!! !!!!Y court Qf competent jurisdiction !!!! Qf December ;n_, 1989,
the Health Planning Agency shall not consider !!!!Y request for Q!: issue !'! determination Qf an exemption from !'! certificate Qf need pursuant ~ this Code section after December
;n_, 1989."
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:

1598

JOURNAL OF THE HOUSE,

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates y Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby
Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M
Dixon,H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Ehrhart Felton Y Fennel Floyd,J.M Floyd,J.W Y Foster Y Godbee Y Goodwin YGreen Y Greene Y Gresham Y Griffm Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes
YHooks 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 Y Long
Lord Y Lucas Y Lupton
Mangum Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Morton
Moultrie N Mueller Y Oliver,C Y Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Y Reaves y Redding
Y Richardson Y Ricketson N 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 Y Stanley N Steele Y Stephens
Streat Y Teper
Thomas,C YThomas,M
Thompson Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle
Walker,C Walker,L Y Wall YWare Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J N Yates 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.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on Motor Vehicles:

SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th and others:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements.

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 1482. By Representatives Hanner of the !31st, Ray of the 98th and Smith of the 152nd:
A bill to amend Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes, so as to change the effective date of the census for the purpose of certain laws providing for the compensation of certain local officials.

The following Committee substitute was read and adopted:

THURSDAY, FEBRUARY 22, 1990

1599

A BILL

To amend Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes, so as to change the effective date of the census for the purpose of certain laws providing for the compensation of certain local officials; 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 1-3-1 of the Official Code of Georgia Annotated, relating to

construction of statutes, is amended by striking subparagraph (d)(2)(A) and inserting in

its place a new subparagraph to read as follows:
"(A) The effective date of the census shall be l-2:00 MidBight, Deeember lH-; July 1

of the first ~ after the year in which the census is conducted, for the purpose of mak-

ing operative and of force the following laws:

(i) Code Section 15-16-20;

(ii) Code Sections 15-6-88 through 15-6-92;

(iii) Code Section 48-5-183; !tftd

(iv) Code Sections 15-9-63 through 15-9-67; and

(v) Code Section 36-5-25;

-

provided, however, that if !! county's population decreases according !Q !! more recent

census below its population according !Q an earlier census, then, notwithstanding !!!!Y
other provision Qf ~ !!!!Y officer who ~ compensated under !! law specified !!! this subparagraph and who ~ !!! office on the date specified !!! this subparagraph shall continue during his entire tenure !!! such office (including !!!!Y future terms .Qf office _!!! such office) !2 be compensated on the basis Qf the county's population according !Q such ear-

lier census;".

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

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 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1889.

By Representative Bostick of the 138th:
A bill to amend Chapter 3 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to provide for the establishment of the Georgia Agrirama Development Authority Overview Committee and its composition and powers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1889 was ordered immediately transmitted to the Senate.

The following Resolution of the House was read and referred to the Committee on Game, Fish and Parks:

1600

JOURNAL OF THE HOUSE,

HR 930. By Representatives Balkcom of the I 40th, McDonald of the 12th and Patten of the I 49th:
A resolution requiring the Department of Natural Resources to report to the General Assembly of Georgia certain income and expenditures of funds.

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 1158. By Representative Watson of the 114th:
A bill to amend Code Section 16-7-29 of the Official Code of Georgia Annotated, relating to criminal trespass by motor vehicle, so as to change the provisions relating to the identification of parking areas by signs which denote the elements of the crime of criminal trespass by 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 ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1480. By Representatives Aaron of the 56th, Richardson of the 52nd, Redding of the 50th and Moultrie of the 93rd:
A bill to amend Code Section 48-5-512 of the Official Code of Georgia Annotated, relating to the issuance of executions against public utilities failing to file returns with the state revenue commissioner, so as to authorize the state revenue commissioner or the tax collector or tax commissioner of each county to issue executions against public utilities for the amount of taxes due the state, the county, a county school district, or any municipality within the county.

The following Committee substitute was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the issuance of certain executions against public utilities by certain local tax officials; to provide for an exception with respect to certain railroad equipment companies; to change certain provisions regarding public inspection of certain returns and tax documents of certain public utilities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (a) of Code Section 48-3-3, relating to issuance of executions by tax collectors or tax commissioners, and inserting in its place a new subsection (a) to read as follows:
"(a) Elfeepi 88 ather~wise pra.iaea itt Gafte Seetieft 48 6 612, the The tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by him at any time after 30 days have elapsed since giving notice as provided in subsection (b) of this Code section. The executions shall be directed to all and singular sheriffs and constables of the state."

THURSDAY, FEBRUARY 22, 1990

1601

Section 2. Said title is further amended by striking Code Section 48-5-512, relating to the issuance of executions against public utilities, and inserting in its place a new Code Section 48-5-512 to read as follows:
"48-5-512. (a) If any person required to make a return to the commissioner fails to return the taxable property or pay annually to the state, any county, or any municipality the taxes for which it may be liable by reason of the return, the county tax collector Q! tax commissioner Q! the municipal governing authority Q! its designee, ~ appropriate, shall issue an execution for the amount of taxes due, according to the law, together with the costs and penalties.
(b) The executions issued by the county tax collector Q! tax commissioner Q! the municipal governing authority Q! its designee, ~ appropriate, against any corporation or other company shall be directed to all sheriffs and other lawful officers of this state with directions to levy the execution on the property of the corporation or company and with the authority to issue and serve garnishments upon the debtors of the corporation or company."
Section 3. Said title is further amended by striking Code Section 48-5-515, relating to availability of certain returns and tax documents for public inspection, and inserting in its place a new Code Section 48-5-515 to read as follows:
"48-5-515. Every return made to the commissioner by any person required to make returns of the value of its properties ftfld or franchises to the commissioner under this article or Article 9 Q! Article 12 of this chapter and every document used to arrive at evaluation within the custody of the commissioner or the department, with the exception of income tax returns, shall be made available for inspection upon the request of any interested person at a reasonable time and accessible place to be reasonably determined by the commissioner. It is the intent of this Code section to make the returns and documents easily and readily available for public inspection, and the discretion of the commissioner shall be exercised accordingly."
Section 4. Said title is further amended by adding a new subsection providing for the issuance of tax executions by the state revenue commissioner, at the end of Code Section 48-5-519, relating to taxation of railroad equipment companies, to be designated subsection (e) to read as follows:
"(e) (1) If any chief executive officer of a railroad equipment company required to make a return to the commissioner by this Code section fails to return the taxable property or pay to the state all taxes for which such company may be liable by reason of the return, the commissioner shall issue an execution for the amount of taxes due, according to the law, together with costs and penalties.
(2) The executions issued by the commissioner against any such company shall be directed to all sheriffs, constables, and other lawful officers of this state with directions to levy the execution on the property of the corporation or company and with the authority to issue and serve garnishments upon the debtors of the corporation or company."
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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1480, by substitute, was ordered immediately transmitted to the Senate.

1602

JOURNAL OF THE HOUSE,

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the power of eminent domain in connection with the construction and operation of waterworks, so as to apply the provisions of such article to sanitary sewerage systems as well as to waterworks; 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 3 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the power of eminent domain in connection with the construction and operation of waterworks, is amended by striking said article in its entirety and substituting in lieu thereof a new Article 3 to read as follows:
"ARTICLE 3
22-3-60. Any person constructing, owning, or operating any waterworks Q! sanitary sewerage system, Q! both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating ~ waterworks1 ~ water distribution system, ~ sewerage collection system, Q! ~ sewage treatment and disposal system, Q! !!!!Y combination Qf such systems Q! facilities.
22-3-61. If a person seeking to exercise the power of eminent domain under this article fails to procure, by contract, title to the land necessary or proper for the construction and successful operation of ~ waterworks Q! sanitary sewerage system, Q! both, and the parties cannot agree upon the damage done, the same shall be assessed as provided in Chapter 2 of this title.
22-3-62. The powers granted by this article shall apply 6ftly to those persons who have entered into a contract with the proper authorities for supplying water for public purposes and !Q such persons providing water Q! sanitary sewerage services through
water Q! sanitary sewerage systems, Q! both, which have been permitted !!Y the Environ-
mental Protection Division Qf the Department Qf Natural Resources."
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 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 834. By Representative Floyd of the I54th:
A resolution directing the conveyance of certain state owned real property located in Liberty County, Georgia.

The following Committee substitute was read and adopted:

THURSDAY, FEBRUARY 22, 1990

1603

A RESOLUTION
Directing the conveyance of certain state owned real property located in Liberty County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, The Department of Transportation is the owner of certain parcels of real property located in Liberty County, Georgia; and
WHEREAS, said real property is all those tracts or parcels of land lying and being in Liberty County, Georgia, lying in and being a part of G.M.D. 17 and being generally described as follows:
Those certain tracts or parcels of land situate, lying and being west from the intersection of U. S. Highway 84 and General Stewart Way, running along the northern and southern right of way of General Stewart Way with the northern tract being approximately 75' in width and 1,907' in length and the southern tract being approximately 75' in width and 1,555' in length, 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 Georgia Department of Transportation by the adjoining property owners; and
WHEREAS, said property is under the custody and management of the Department of Transportation; and
WHEREAS, said property was conveyed to the Department of Transportation in 1941 for a consideration of $1.00; and
WHEREAS, said parcels are not being utilized by the Department of Transportation and are, therefore, surplus to its needs; and
WHEREAS, the adjoining property owners are desirous of obtaining the above-described property which adjoins their individual properties.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the Department of Transportation is the owner of the above-described real property.
Section 2. That the above-described real property shall be sold and conveyed by appropriate instrument to the adjoining property owners by the Department of Transportation for a consideration of $18,000.00 per acre.
Section 3. That the Department of Transportation is directed to do all acts and things necessary and proper to effect such conveyance.
Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. 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 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 809. By Representative Heard of the 43rd:
A resolution directing the State Health Planning Agency to make certain studies and reports.

1604

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A RESOLUTION
Directing the State Health Planning Agency to make certain studies and reports and to update its rules and regulations; and for other purposes.
WHEREAS, this state has undergone rapid and profound changes since 1978 when the law was first enacted to require that each health facility obtain a certificate of need (CON) prior to its being able to offer health care services in this state; and
WHEREAS, although there was a major revision in 1983 of the law requiring certificates of need and a corresponding revision of many of the regulations promulgated thereunder, numerous regulations of the State Health Planning Agency have not been updated since that time to reflect changes in the demographics and health care needs and delivery system of the state; and
WHEREAS, many rural areas of the state are facing a decline in quality and types of services available or closure of their community hospital due to financial pressures, loss of physicians, changing service delivery patterns and needs, and other factors; and
WHEREAS, the certificates of need for hospital beds in some areas of the state have been awarded to hospitals that no longer meet the community needs and there is no mechanism to revoke or override the certificate of need rules; and
WHEREAS, some counties are experiencing significant and rapid growth in population and industry but have no acute care hospital within the county to provide emergency and other hospital services; and
WHEREAS, uninsured and indigent citizens in some areas of the state have problems accessing services from existing hospitals; and
WHEREAS, in order to facilitate the provision of improved medical care for residents of the counties with no hospital, certificate of need rules designed to avoid duplication need to balance requests for new hospitals located in counties having no hospital with requested expansions of hospitals in adjoining counties.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Health Planning Agency is directed to conduct a thorough study of its existing rules and regulations, taking into consideration the problems and issues mentioned above, and to make an interim report of the study no later than January 1, 1991, to make a final report of the study no later than January 1, 1992, and to adopt no later than January 1, 1992, new rules and regulations taking into consideration the problems and issues mentioned above. Reports of the agency shall be submitted to the Governor and the General Assembly. This section does not preclude the agency from adopting rules or proposing legislation through its normal process before January 1, 1992, if appropriate.
BE IF FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the executive director of the State Health Planning Agency.

Representative Davis of the 72nd moved the ayes and nays. The motion failed.

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 112, nays 5.

THURSDAY, FEBRUARY 22, 1990

1605

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HB 1425. By Representatives Ray of the 98th, Watson of the 114th, Jenkins of the 80th and Crawford of the 5th:
A bill to amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, so as to prohibit moving or transporting certain mobile homes which do not have attached and displayed thereon the decals required under Code Section 48-5-492.

The following Committee substitute was read and adopted:

A BILL
To amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, so as to prohibit moving or transporting certain mobile homes which do not have attached and displayed thereon the decals required under Code Section 48-5-492; to provide for criminal penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, is amended by striking Code Section 48-5-493, relating to the failure to attach and display certain decals, and inserting in its place a new Code Section 48-5-493 to read as follows:
"48-5-493. (a) (1) It shall be unlawful to fail to attach and display on a mobile home the decal asrequired by Code Section 48-5-492.
W ill Any person who violates paragraph ill Qf this subsection W ef this GaEie
seetitm shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25.00 nor more than $200.00, except that upon receipt of proof of purchase of a decal prior to the date of the issuance of a summons, the fine shall be $25.00. (b) (1) It shall be unlawful for !!!!Y person !Q move 2! transport !!!!Y mobile home which ~ required !Q and which does not have attached and displayed thereon the
decal provided for !!! Code Section 48-5-492. (2) Any person who violates paragraph (1) Qf this subsection shall be guilty Qf!!
misdemeanor and shall be punished Q.y !! fine Qf not less than $200.00 nor more than $1,000.00 2! Q.y imprisonment for not more than 12 months, 2! both."
Section 2. All Jaws and parts 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1807.

By Representatives Milam of the 81st, Alford of the 57th, Davis of the 72nd and Bishop of the 94th:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, so as to provide that it shall be unlawful to float a vessel on certain lakes with a toilet that is not designed for no discharge and to fail to display a certificate of compliance; to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Boat Safety Act," so as to expand the definition of "protected fresh waters".

1606

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates y Beck Y Benefield
Benn Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter YCharnbless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Clark,L
Y Coleman Colwell
Y Connell Y Couch 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,J.M Y Floyd,J.W 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
YHooks 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 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 Morton Y Moultrie Y Mueller Y Oiiver,C
Oliver,M Y Orr
Y Orrock Y Padgett
Pannell YParharn Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston YPowell
Randall Y Ransom YRay
Reaves y Redding
Y Richardson Y Ricketeon Y Robinson y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Smith,T Smith,W
Y Smyre Y Snow Y Stancil,F Y Stancil,S
Stanley Y Steele
Stephens
Streat Y Teper
Thomas,C YTbomas,M YThompson
Y Thurmond Y Titus
Tolbert Y Townsend y Twiggs
Y Vaughan
Y Waddle Walker,C
Y Walker,L
Y Wall YWare Y Wateon
Watts y White
Wilder Y Williams,B YWilliams,J
Y Yates Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 46. By Representatives Dover of the 11th, Lord of the 107th, Colwell of the 4th, Twiggs of the 4th and Dobbs of the 74th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain members for service on active duty in the armed forces of the United States during World War II.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain members for service on active duty in the armed forces of the United States during World War II; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 22, 1990

1607

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new subsection (h) to read as follows:
"(h) Any other provisions of this chapter to the contrary notwithstanding, any current member of the retirement system, other than a member who is subject to the provisions of Code Section 47-2-334, who served on active duty in the armed forces of the United States at any time during World War II shall be entitled to receive creditable service under the retirement system for such active duty military service. A qualified member shall receive such creditable service by making application therefor to the board of trustees and by providing the board with proof satisfactory to the board of the period of time served on active military duty during World War II which is claimed as creditable service. No creditable service obtained under this subsection shall cause a member's total creditable service for all military service to exceed five years. It is specifically provided that time limitations specified in this chapter for obtaining creditable service for military service do not apply to the provisions of this subsection."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
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
Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter

Y Chambless
Chance Y Cheeks Y Childers
Clark,B Clark,H
Clark,L Y Coleman
Colwell Connell Y Couch 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,J.M
Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green

Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner YHarris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
YHooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Y Jackaon,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
Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B McKinney,C Y Meadows Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver,C Oliver,M Y Orr
Y Orrock Y Padgett
Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter
Y Poston Y Powell

y Randall
YRansom Ray
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson y Royal
Selman Y Simpaon
Y Sinkfield Y Smith,L YSmith,P
Smith,T YSmith,W
Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens
Streat Y Teper
Thomas,C YThomas,M Y Thompaon
Y Thurmond Y Titus Y Tolbert
Townsend Twiggs

1608

JOURNAL OF THE HOUSE,

Y Vaughan Y Waddle Y Walker,C

Y Walker,L Y Wall
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 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1145.

By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in and the right to benefits under public retirement or pension systems for public employees convicted of certain crimes, so as to provide for additional crimes; to provide for a definition; to provide that such additional crimes shall apply only to public employees entering service after a certain date.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in and the right to benefits under public retirement or pension systems for public employees convicted of certain crimes, so as to provide for additional crimes; to provide for definitions; to provide that such additional crimes shall apply only to public employees entering service after a certain date; to provide restrictions and prohibitions relative to public employees convicted of such additional crimes; 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 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in and the right to benefits under public retirement or pension systems for public employees convicted of certain crimes, is amended by adding in Code Section 47-1-20, relating to definitions, immediately following paragraph (1) and immediately following paragraph (7), new paragraphs (1.1) and (8) to read, respectively, as follows:
"(1.1) 'Drug related crime' means a felony specified in subsection (b) of Code Section 16-13-30 and any felony specified in Code Section 16-13-31."
"(8) 'Vested' means having sufficient creditable service as a member of a public retirement system to qualify to receive a retirement benefit upon retirement or termination from public service or upon attaining retirement age if public service is terminated prior to attaining such age."
Section 2. Said article is further amended by adding immediately following Code Section 47-1-22 a new Code Section 47-1-22.1 to read as follows:
"47-1-22.1. (a) Except as otherwise provided in this subsection, this Code section shall not apply to any public employee in service on July 1, 1990, and shall apply only to those public employees entering public service after July 1, 1990. A public employee in service on July 1, 1990, who ceases to be a public employee and terminates his or her membership in a public retirement system after that date and who subsequently again becomes a public employee shall be subject to the provisions of this Code section, beginning with the date of such subsequent employment. Any person who was a public employee prior to July 1, 1990, and who ceased to be a public employee and terminated his or her membership in a public retirement system prior to that date shall be subject to the provisions of this Code section if such person again becomes a public employee after July 1, 1990, beginning with the date of such subsequent employment.

THURSDAY, FEBRUARY 22, 1990

1609

(b) If a public employee who is not vested under a public retirement system commits a drug related crime and is convicted for the commission of such crime, such public employee shall forfeit all rights and benefits under and membership in the public retirement system in which the employee is not a vested member, effective on the date of final conviction. Any such public employee shall not at any time after such final conviction be eligible for membership in any public retirement system. Any employee contributions made by any such public employee to any public retirement system in which the employee is not a vested member shall be reimbursed, without interest, to the public employee within 60 days after the date of final conviction for the commission of the drug related crime.
(c) If a public employee who is vested under a public retirement system commits a drug related crime, such employee's active membership in any public retirement system shall terminate on the date of final conviction and such employee shall not at any time thereafter be eligible for active membership in any public retirement system. For any such public employee, the right to any benefit or any other right under any public retirement system in which the employee is a vested member shall be determined as of the date of final conviction.
(d) The provisions of Code Section 47-1-23 shall apply to a public employee charged with the commission of a drug related crime in the same manner that they apply to a public employee charged with the commission of a public employment related crime."
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 Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M y Bates y Beck
Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch
Breedlove Y Brooks
Brown Y Buck Y Buford YByrd YCampbeD
Y CarreD Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Clark,B
Clark,H Y Clark,L Y Coleman Y ColweD Y ConneD
Y Couch 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 YEhrbart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W 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 HoUand Y Holmes
YHooks 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 Milam
Y Mobley Y Moody Y Morton
Moultrie Y MueDer Y Oliver,C Y Oliver,M YOrr Y Orrock Y Padgett
PanneD YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston
YPoweD YRandaU Y Ranaom YRay Y Reaves y Redding
Richardson Y Ricketeon Y Robinson y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T YSmith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat
Teper
YThomas,C Y Thomas,M YThompson
YThurmond Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle Y Walker,C
Walker,L
YWaU Ware
Y Wateon Y Watts y White
YWilder
Y WiUiams,B Y WiUiams,J Y Yates y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.

1610

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 1145, by substitute, was ordered immediately transmitted to the Senate.

HB 1513.

By Representatives Orrock of the 30th, Aaron of the 56th, Dixon of the 128th, Cummings of the 134th, Thomas of the 31st and others:
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 an employee in the classified service who has accumulated sick leave to utilize such sick leave at any time such employee is sick; to require an employee to telephone the appropriate authority each day when such employee is absent from work on sick leave.

The following Committee substitute was read and adopted:

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 an employee in the classified service who has accumulated sick leave to use such sick leave in accordance with the criteria established in the rules and regulations of the State Personnel Board; to provide that an employee may be required to telephone the appropriate authority each day when such employee is absent from work on sick leave; to authorize the appointing authority to disapprove the use of sick leave by an employee in accordance with the criteria established in the rules and regulations of the State Personnel Board; to authorize an employee to contest the disapproval of sick leave through a department's employee complaint procedure; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Anno-

tated, relating to the State Merit System of Personnel Administration, is amended by

striking in its entirety Code Section 45-20-16, relating to accrual of sick leave and conver-

sion to and use of personal leave, and inserting in lieu thereof a new Code Section

45-20-16 to read as follows:



"45-20-16. (a) Full-time employees in- the classified service shall earn sick leave at

the rate of one and one-fourth days per month of service. Part-time employees in the

classified service who work 20 or more hours per week shall earn sick leave at the rate

of one and one-fourth days per month of service prorated by the percentage of time

worked. Sick leave shall be cumulative for not more than 90 days. Any sick leave earned

in excess of 90 days at the end of any month shall be forfeited but may be restored to

the employee as provided in the regulations of the State Personnel Board.

(b) An employee who has accrued more than 15 days of sick leave as of November

30 of any year may, by written notification to the appointing authority by no later than

December 31 of that year, convert up to three days of accrued sick leave in excess of

15 days to personal leave. Any personal leave not used by December 31 of the following

year, or upon termination, shall be forfeited and not restored to the employee.

(c) Personal leave may be used by the employee for personal reasons the same as

annual leave upon approval by the employee's appointing authority. The employee shall

normally be required to provide the appointing authority with a 24 hour advance notice

for use of personal leave. Every reasonable effort shall be made by the appointing

authority to accommodate employees on their requests for use of personal leave.

(d) Any employee !!! the classified service who has accumulated sick leave shall be

authorized to use such sick leave in accordance with the criteria established in the rules

and regulations Qf the State Personnel BoardiPfoVided,hOWever, that, whenever an

THURSDAY, FEBRUARY 22, 1990

1611

employee ! sick and absent from work, the employee ~ be required !Q report each ~ _!!y telephone !Q the appropriate authority.
~ the appointing authority disagrees with the claim Qf sickness Q! need !Q utilize sick leave made _!!y the employee pursuant !Q subsection (d) Qf this Code section, the appointing authority ~ disapprove the use Qf such sick leave !!! accordance with the criteria established !!! the rules and regulations Qf the State Personnel Board. The employee ~ contest the disapproval Qf the sick leave through the department's
employee complaint procedure.
fdt ill The State Personnel Board shall adopt regulations to implement the provi-
sions of this Code section. The leave regulations of the board in effect on July 1, 1989, shall remain in effect until amended, changed, modified, or repealed by 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 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 Adama Y Aiken Y Alford Y Allen Y Athon
Y Atkina Bailey
Y Baker Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M
Bates y Beck
Benefield
Y Benn Y Birdsong Y Bishop Y Bostick
Y Branch Breedlove
Y Brooks Brown
Y Buck Buford
Y Byrd
YCampbell Y Carrell Y Carter
Chambless
Chance Y Cheeks

Y Childers
Y Clark,B Clark,H
Y Clark,L Y Coleman
Colwell Y Connell Y Couch 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
Ehrhart Felton Y Fennel Floyd,J.M YFloyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Gresham Y Griffin Y Groover Hamilton Y Hanner

YHarris Y Hasty
Heard Y Herbert
Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudson Y Irwin
Iaskson 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
Lee Y Linder y Long
Y Lord Y Lucas Y Lupton y Mangum
Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver,C Y Oliver,M YOrr Y Orrock Y Padgett
Pannell
YParbam Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
YRansom YRay
Reaves y Redding
Y Richardaon Y Ricketson Y Robinson y Royal
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 Streat Y Teper
YTbomas,C YTbomas,M YTbompson
YTburmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle Y Walker,C
Walker,L
YWall Ware
Y Watson Y Watts y White
YWilder
Y Williama,B Y Williama,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 144, nays 1.
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.

1612

JOURNAL OF THE HOUSE,

HB 1779.

By Representatives Poston of the 2nd, Oliver of the 53rd, Chambless of the 133rd and Holland of the 136th:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates and magistrate courts in general, so as to provide that certain retired magistrates be authorized to perform marriage ceremonies.

The report of the Committee, which was favorable to the passage of the 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 Allen Y Athon Y Atkins
Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M
Y Bates YBeck
Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Buck Y Buford Y Byrd YCampbell Y Carrell Y Carter
Chambless Y Chance YCheeks

Y Childers
Clark,B Clark,H Y Clark,L Y Coleman Y Colwell Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis,C
Y Davis,G Y Davis,M YDixon,H Y Dixon,S y Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M YFioyd,J.W Y Foster y Godbee
Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover YHamilton Y Hanner

YHarris
Y Hasty
Y Heard Herbert Holcomb
Y Holland Y Holmes
YHooks 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
Lee Y Linder YLong y Lord Y Lucas Y Lupton y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton
Y Moultrie YMueller Y Oliver,C YOiiver,M YOrr Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter
Y Poston YPowell y Randall
Y Ransom YRay
Y Reaves y Redding Y Richardson Y Ricketson
Y Robinson y Royal
YSelman Y Simpson
Sinkfield

Y Smith,L
Y Smith,P Smith,T
Y Smith,W Smyre
YSnow Stancii,F
Y Stancii,S Y Stanley
Steele Y Stephens
Streat Y Teper
YThomas,C Y Thomas,M YThompson
YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L
YWall 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 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1449.

By Representative Robinson of the 96th:
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 revise the laws relating to trade secrets; to provide a short title.

The following Committee substitute was read and adopted:

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 revise the laws relating to trade secrets; to provide a short title; to provide for definitions; to provide for injunctive relief; to provide

THURSDAY, FEBRUARY 22, 1990

1613

for damages; to provide for attorneys' fees; to provide for preservation of secrecy; to provide for limitations on actions; to provide for effect on other laws; to provide for practices and procedures; to provide for 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. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking Article 27, relating to trade secrets, which reads as follows:
"ARTICLE 27
10-1-760. (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:
(I) 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 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.", and inserting in lieu thereof a new Article 27 to read as follows:
"ARTICLE 27
10-1-760. This article shall be known as the 'Georgia Trade Secrets Act of 1990.' 10-1-761. As used in this article, the term:
(1) 'Improper means' includes theft, bribery, misrepresentation, breach or inducement of a breach of a confidential relationship or other duty to maintain secrecy or limit use, or espionage through electronic or other means. Reverse engineering of a trade secret not acquired by misappropriation or independent development shall not be considered improper means.
(2) 'Misappropriation' means: (A) Acquisition of a trade secret of another by a person who knows or has reason
to know that the trade secret was acquired by improper means; or (B) Disclosure or use of a trade secret of another without express or implied
consent by a person who: (i) Used improper means to acquire knowledge of a trade secret; (ii) At the time of disclosure or use, knew or had reason to know that knowl-
edge of the trade secret was: (I) Derived from or through a person who had utilized improper means to
acquire it; (II) Acquired under circumstances giving rise to a duty to maintain its
secrecy or limit its use; or (III) Derived from or through a person who owed a duty to the person seek-
ing relief to maintain its secrecy or limit its use; or (iii) Before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. (3) 'Person' means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other for profit or not for profit legal or commercial entity. (4) 'Trade secret' means information including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method,

1614

JOURNAL OF THE HOUSE,

a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which:
(A) Derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. 10-1-762. (a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in appropriate circumstances for reasons including, but not limited to, an elimination of commercial advantage that otherwise would be derived from the misappropriation or where the trade secret ceases to exist due to the fault of the enjoined party or others by improper means. (b) In exceptional circumstances, if the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable. (c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. (d) In no event shall a contract be required in order to maintain an action or to obtain injunctive relief for misappropriation of a trade secret. 10-1-763. (a) In addition to or in lieu of the relief provided by Code Section 10-1-762, a person is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. If neither damages nor unjust enrichment caused by the misappropriation are proved by a preponderance of the evidence, the court may award damages caused by misappropriation measured in terms of a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret for no longer than the period of time for which use could have been prohibited. (b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a) of this Code section. (c) In no event shall a contract be required in order to maintain an action or to recover damages for misappropriation of a trade secret. 10-1-764. If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorneys' fees to the prevailing party. 10-1-765. In an action under this article, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. 10-1-766. An action for misappropriation must be brought within five years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this Code section, a continuing misappropriation by any person constitutes a single claim against that person, but this Code section shall be applied separately to the claim against each person who receives a trade secret from another person who misappropriated that trade secret. 10-1-767. (a) Except as provided in subsection (b) of this Code section, this article shall supersede conflicting tort, restitutionary, and other laws of this state providing civil remedies for misappropriation of a trade secret. (b) This article shall not affect: (1) Contractual duties or remedies, whether or not based upon misappropriation of a trade secret; provided, however, that a contractual duty to maintain a trade secret

THURSDAY, FEBRUARY 22, 1990

1615

or limit use of a trade secret shall not be deemed void or unenforceable solely for lack of a durational or geographical limitation on the duty;
(2) Other civil remedies that are not based upon misappropriation of a trade secret; or
(3) The definition of a trade secret contained in Code Section 16-18-13, pertaining to criminal offenses involving theft of a trade secret or criminal remedies, whether or not based upon misappropriation of a trade secret."
Section 2. This Act shall become effective July 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 roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins
Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck
Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Clark,L
Y Coleman Y Colwell Y Connell
Couch
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,J.M Y Floyd,J.W 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 Holcomb
Y Holland Holmes
YHooks 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 y Long
Y Lord Y Lucas Y Lupton YMangum Y Martin
Y McCoy Y McDonald Y McKelvey

McKinney,B McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Morton
Y Moultrie YMueller Y Oliver,C YO!iver,M YOrr Y Orrock Y Padgett
Pannell
Y Parham Y Parrish Y Patten Y Pettit
Pinkston y Poag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Reaves y Redding Y Richardson Y Ricketson Y Robinson y Royal
Y Selman Y Simpson
Sinkfield

Y Smith,L
Y Smith,P Smith,T
Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens
Streat Y Teper YThomas,C YThomas,M
Thompson YThurmond Y Titus
Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C Y Walker,L YWall
Ware Y Watson Y Watts
White Y Wilder YWilliams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1490. By Representatives Robinson of the 96th and Buck of the 95th:
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 social workers, professional counselors, and marriage and family therapists from the levy of any license, occupation, or professional tax by counties and municipalities.

1616

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:
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 social workers and professional counselors from the levy of any license, occupation, or professional tax by counties and municipalities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupational taxes generally, is amended by striking in its entirety subsection (a) of Code Section 48-13-5, relating to exemptions from the levy of any license, occupation, or professional tax by counties and municipalities, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No municipality or county shall levy or collect any license, occupation, or professional tax upon practitioners of law, medicine, osteopathy, chiropractic, podiatry, dentistry, optometry, psychology, veterinary medicine, landscape architecture, land surveying, massage and physiotherapy, public accounting, embalming, funeral directing, civil, mechanical, hydraulic, or electrical engineering, architecture, social workers, professional counselors, or marriage and family therapists, except at the place where the practitioner maintains his principal office. No such levy shall exceed the sum of $200.00 per year or shall be assessed upon or collected from any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state, a municipality or county of the state, or instrumentalities of the United States, the state, or a municipality or county of the state."
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 Allen
Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Bamett,M Y Bates y Beck
Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford

Y Byrd
Y Campbell Y Carrell
Y Carter Y Chamblesa Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L YColeman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Y Cummings,M Y Davis,C Y Davis,G
Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart

Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner YHarris Y Hasty Y Heard Y Herbert
YHolcomb Y Holland Y Holmes YHooks 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 YLane,D Y Lane,R
Langford
Y Lawrence Y Lawson y Lee
Y Linder Y Long
Y Lord Lucas
Y Lupton y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B McKinney,C
Y Meadows Milam
Y Mobley Y Moody
Y Morton Y Moultrie

Y Mueller Y Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell y Randall
Y Ransom YRay
Reaves Redding Y Richardson Ricketson Y Robinson y Royal y Selman
Y Simpson Y Sinkfield Y Smith,L

THURSDAY, FEBRUARY 22, 1990

1617

Y Smith,P Smith,T
Y Smith,W Smyre
YSnow Y Stancii,F Y Stancii,S

Y Stanley
Y Steele Y Stephens
Streat Y Teper
Y Thomaa,C YThomaa,M

Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan

Y Waddle Y Walker,C Y Walker,L YWall
Ware Y Wateon Y Watta

y White YWilder Y Williama,B Y Williama,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.

HR 122. By Representatives Kingston of the 125th, McDonald of the 12th, Milam of the 81st, Pinkston of the 100th, Davis of the 72nd and others.
A resolution urging the United States Congress to propose an amendment to the United States Constitution providing for a balanced budget; rescinding a request for the calling of a constitutional convention.

The following Committee substitute was read and adopted:

A RESOLUTION
Urging the United States Congress to propose an amendment to the United States Constitution providing for a balanced budget; rescinding a request for the calling of a constitutional convention unless certain conditions are met; and for other purposes.
WHEREAS, the people of the State of Georgia have adopted, as a provision of their state Constitution, the requirement that the state government must operate on a balanced budget and that requirement has proved to be of great benefit to the state; and
WHEREAS, in 1976, responding to national concern over a public debt which was then in excess of $300 billion and the existence of a $43 billion federal deficit, the General Assembly of Georgia made application to the United States Congress to call a constitutional convention to propose an amendment to the United States Constitution requiring a balanced federal budget except under unspecified circumstances; and
WHEREAS, the national debt has now exceeded $1 trillion with projected additional multi-billion dollar deficits for future fiscal years; and
WHEREAS, this condition of our national fiscal policy threatens the security of our nation; and
WHEREAS, Article V of the United States Constitution provides for the proposal of amendments to the United States Constitution by two-thirds' concurrence of the members of both Houses of Congress; and
WHEREAS, the General Assembly of Georgia believes the best interests of the nation will be served by the convening of a constitutional convention, which convention should be called for the sole purpose of proposing an amendment to the United States Constitution requiring a balanced federal budget; and
WHEREAS, it is the desire and intent of the General Assembly of Georgia to support the call of such constitutional convention but only if such convention is limited to proposing a balanced budget amendment to the United States Constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the United States Congress is requested to adopt the substance of the proposal known as the "Balanced Budget Amendment" which provides for an amendment to

1618

JOURNAL OF THE HOUSE,

the United States Constitution to require a balanced federal budget except under certain emergency conditions.
BE IT FURTHER RESOLVED that the United States Congress is urgently requested to take appropriate and immediate action to reduce spending and thus to bring the federal budget into balance and cause the reduction of the outstanding national debt over the foreseeable future.
BE IT FURTHER RESOLVED that this resolution supplements House Resolution No. 469-1267, Act No. 93 (Ga. L. 1976, p. 184), adopted at the 1976 regular session of the General Assembly of Georgia, by stating that the General Assembly of Georgia supports the call for a constitutional convention as set forth in said resolution but only if such convention is limited in its purpose to proposing a balanced budget amendment to the United States Constitution. If such convention is not so limited, then support for the call for such convention is withdrawn.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives shall transmit a copy of this resolution to the presiding officers of the Senate and the House of Representatives of the United States Congress and to each member of the Georgia legislative delegation to the United States Congress.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Y Aiken
Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y BroWn Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Clark,B
Y Clark,H Clark,L
Y Coleman Y Colwell Y Connell Y Couch
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
Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster y Godbee
Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Hanner

Y Harris Y Hasty
YHetird 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 y Long
Y Lord Y Lucas Y Lupton
Mangum Y Martin Y McCoy
Y McDonald Y McKelvey

McKinney,B McKinney,C
Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver,C YOiiver,M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston y Poag
Y Porter
Y Poston Y Powell y Randall
Y Ransom NRay Y Reaves y Redding Y Richardaon Y Ricketson Y Robinson y Royal
Y Selman N Simpson
Sinkfield

Y Smith,L Y Smith,P
Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele
Y Stephens Streat
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 YWare Y Watson Y Watts YWhite Y Wilder YWilliams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 159, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

THURSDAY, FEBRUARY 22, 1990

1619

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

1620

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
HB 1219. By Representatives Robinson of the 96th and Buck of the 95th: A bill to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts.
The President has appointed on the part of the Senate the following: Senators Land of the 16th, Stumbaugh of the 55th and Taylor of the 12th.
The following Resolutions of the House were read and adopted:
HR 933. By Representatives Balkcom of the 140th, McDonald of the 12th and Patten of the 149th: A resolution urging the Department of Natural Resources to report to the General Assembly of Georgia certain income and expenditures of funds.
HR 934. By Representatives Childers of the 15th and Athon of the 57th: A resolution urging that April 22, 1990, through April 28, 1990, be observed throughout the state as Organ and Tissue Donor Awareness Week.
HR 935. By Representatives Childers of the 15th and Athon of the 57th: A resolution urging that April 22, 1990, through April 28, 1990, be observed throughout the state as Organ and Tissue Donor Awareness Week.
HR 936. By Representatives Childers of the 15th and Athon of the 57th: A resolution urging the Governor to designate April 22 through 28, 1990, as "Organ and Tissue Donor Awareness Week" in Georgia.
HR 937. By Representative Bostick of the 138th: A resolution commending Mrs. Joy Branch.
HR 938. By Representative Mobley of the 64th: A resolution commending Victor Lord.

THURSDAY, FEBRUARY 22, 1990

1621

HR 939. By Representatives Dover of the 11th, Murphy of the 18th, Jamieson of the 11th and Colwell of the 4th:
A resolution commending Emma Woodfin Carson Gibbs on the celebration of her lOOth birthday.

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 1598. By Representatives Isakson of the 21st, Ransom of the 90th, Yates of the 75th, Titus of the 143rd, Davis of the 72nd and others:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to authorize the State Board of Education to provide by rule or regulation for the form, content, and issuance of student identification cards; to provide guidelines for the issuance of such cards.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1298.

By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to duties of tax receivers.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to duties of tax receivers; to change the provisions relating to making up and balancing record books; to authorize the use of computerized lists instead of cashbooks or record books; to change the conditions for making certain reports; to delete certain stub book requirements and duties relating thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, is amended by striking paragraph (4) of Code Section 48-5-103, relating to duties of tax receivers, and inserting in its place a new paragraph to read as follows:
"(4) Receive tax returns at any time when a taxpayer applies to submit his returns, except that receipt _!!! such time shall not reduce, eliminate, Q! otherwise affect !!!!Y penalty, interest, Q! similar assessment otherwise due for !!!!Y return not received ~ P!Q::
vided !!! paragraph ill Qf this Code section;".
Section 2. Said article is further amended by striking paragraph (6) of said Code Section 48-5-103, relating to duties of tax receivers, and inserting in its place a new paragraph to read as follows:

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JOURNAL OF THE HOUSE,

"(6) PttbHsh at the door at the eottrthottse for aG days lists Compile and make availa-
ble for public inspection !!! the office 2f the tax collector !! list of all the defaulters and
the amount of each defaulter's taxes, interest, and penalties;".
Section 3. Said article is further amended by striking subsection (d) of Code Section 48-5-138, relating to keeping a cashbook of receipts and disbursements, and inserting in its place a new subsection to read as follows:
"(d) The tax collector or tax commissioner shall make ttp ftftd -halaftee 8Hfltt8lly the reeord lJoolt ftftd shall file the reeord lJoolt iH the effiee ef the e6tlfliy ge erHiHg 8tttherity ft6 later thatt Jttly l iH eaeh year and file an accounting as required J:1y Code Section 48-5-154. The record book shall be preserved by the ge.erHiHg 8tttherity as 8 perHt8HeHt reeord tax collector or tax commissioner in the ge.erHiHg 8tttheriey's tax collector's or tax commi~s office. The record book or a transcript of the record book, when properly authenticated, shall be admitted in evidence in courts of this state as evidence of the payment of taxes. The commissioner shall furnish the tax collectors and tax commissioners the book required pursuant to this Code section at the state's expense."
Section 4. Said Article is further amended by adding at the end of Code Section 48-5-138, relating to keeping a cashbook of receipts and disbursements, a new subsection to read as follows:
"(e) Instead of the cashbook or record book specified in this Code section, a tax collector or tax commissioner is authorized to maintain a computerized list showing the information required under this Code section, which list shall be deemed to be such cashbook or record book for the purposes of this article."
Section 5. Said article is further amended by striking subsection (a) of Code Section 48-5-153, relating to reports of unpaid taxes, and inserting in its place a new subsection to read as follows:
"(a) On December 20 in each year each tax collector or tax commissioner shall fur-
nish to the commissioner and to the county governing authority, upon the request 2f
either, a report showing the amount of state taxes and the amount of county taxes remaining unpaid on the tax digest and, every 30 days thereafter until a final settlement is made with both the state and the county, shall furnish to the commissioner and the
governing authority, upon the request 2f either, a report showing the amount of state
taxes collected and the amount of county taxes collected from December 20 to the date of rendering the report. Each report shall also show the amount of interest collected from the delinquent or defaulting taxpayers."
Section 6. Said article is further amended by striking Code Section 48-5-160, relating to keeping stub books, and inserting in its place the following:
"48-5-160. Reserved."
Section 7. Said article is further amended by striking subsections (b) and (c) of Code Section 48-5-161, relating to issuance of executions, and inserting in their place the following:
"(b) When executions have been issued, it shall be the duty of the officer issuing the execution to clip freHt the stttb the ttHsigHed reeeipt ef the taxp8) er ftftd ta attaeh the ttHsigHed reeeipt ta the exeetttieH iss1:teEh He shall theft place the execution in the hands of an officer authorized by law to collect the execution and make an entry on his execution docket of the name of the officer and the date of delivery.
(c) (1) The officer in whose hands the execution is placed shall proceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall detaeh freHt the exeetttieH the tax reeeipt ftftd enter 6ft the reeeipt the amount collected including all costs, commissions, interest, and penalties as provided by law~ He shall alse lfl8lre 8 siHtilar efttry on the execution ftftd 6ft the reeeipt ta be deli<'ered by the effieer ta the defeHa8Ht. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his execution docket and file the execution in his office.

THURSDAY, FEBRUARY 22, 1990

1623

(2) Once a levy is made or posted on the property of a delinquent or defaulting taxpayer, the sheriff or ex officio sheriff shall collect, in addition to any other costs, commissions, interest, and penalties, the actual expenses incurred by the county in issuing the execution and administering the levy by imposing a levy administration fee which shall be 5 percent of the delinquent tax or $250.00, whichever is the lesser. Regardless of any other provision of this paragraph, however, no such levy administration fee shall be less than $50.00.
(3) The levy administration fee provided by paragraph (2) of this subsection shall likewise be charged and collected when the execution is enforced through garnishment as provided for in Code Section 48-3-12."
Section 8. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by 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
Allen Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates Beck Y Benefield Benn Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H
Y Clark,L Coleman
Y Colwell Y Connell
Couch Y Crawford
Crosby Y Cummings,B
Cummings,M
Y Davis,C Y Davis,G Y Davis,M
Y Dixon,H Y Dixon,S
Dobbs Y Dover YDunn Y Edwards
Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Hamilton
Hanner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes YHooks Y Howren Y Hudaon 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
Linder Long Y Lord Y Lucas Y Lupton Y Mangum Martin Y McCoy
McDonald Y McKelvey

Y McKinney,B McKinney,C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Oliver,C Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter
Poston Powell y Randall
Y Ransom YRay
Reaves Redding
Y Richardaon Y Ricketson Y Robinson
Royal y Selman
Simpson Sinkfield

Y Smith,L Y Smith,P
Smith,T
YSmith,W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper
Thomas,C Y Thomas,M YThompson YThurmond Y Titus Y Tolbert Y Townsend y Twiggs
Y Vaughan Y Waddle Y Walker,C
Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder YWilliams,B Williams,J Y Yates YYeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes wer~ 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 1298, by substitute, was ordered immediately transmitted to the Senate.

HB 1144.

By Representatives Mangum of the 57th, Athon of the 57th, Smith of the 152nd and Hamilton of the 124th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses, so as to require courses concerning the impact of alcohol, smoking, and drug abuse upon health.

1624

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to development and dissemination of instructional materials on the effects of alcohol; to change the provisions relating to prescribed courses and provide for allocation of funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-2-13, relating to development and dissemination of instructional materials on the effects of alcohol, and inserting in its place a new Code section to read as follows:
"20-2-13. W The State Board of Education may use and allocate money for educa-
tional research and preparation and publication of instructional material, and such funds may be paid upon approval of the Governor.
(b) The funds allaeated tlfttie!' sttbseetiaft W 6f this GOOe seeti6ft shall be tl8ed ffif'
the pt!l'P68e 6f et'e8tiflg 8ftd maiHtaiHiHg state edtteatiaftal i'e8eMclt set'Viees:
flt---F'm' the de, el6pmeflt, predtteti6ft, 8ftd praetHemeflt 6f ettniettlttm materials 8ftd
ttttits 6f iHstrtteti6ft 6ft the seieHtifte faets ill regard t6 the iHfltteHee 8ftd effeet 6f ale6h61 6ft httmatt health 8ftd beha, iar 8ftd 6ft !l6eilli 8ftd eeaftamie e<JHditiafts, iHelttdiHg sttggested methads 6f iHstrtteti6ft ill ways 6f W6i'kiflg with -beys 8ftd girls 8ftd ytltlftg pe6ple ill the V8l'i6tts age gr6tlp8 8ftd grade levels 6f the pttblie elemeHtary 8ftd 8ee6ftd.. a:ry sehools 6f the state; as aids t6 elassra<Jm teaehers 8ftd ethers resp6Hsible ffif' the e6ftdttet 6f the edtteati<Jftal pl'6gi'8lft ill the pttblie seh6cls;
(2) F6r the pttblieati6H, pr6ettremeHt, 8ftd dissemiHati6ft 6f ettrriettlttm materials, ttttits 6f iHstrtteti6H, 8ftd sttggested meth6ds 6f iftstrtteti6ft relatittg t6 the iflfkleHee 8ftd effeet 6f llie6h6l 6ft httmatt health 8ftd behavi<Jr 8ftd 6ft !l6eilli 8ftd ee6ft6mie e6Hditi6Hs ffif' the seh66lteaehers 8ftd edttellti6ftal 6ffieillis itt the -vari6tts l6elli pttblie ~ systems 6f the state; the DepartmeHt 6f Edtteati6ft, 8ftd the vari6tts edtteati6Hal ffistitttti6fts 6f the state whieh are eHgttged itt the edtteati6H 8ftd traittiftg 6f teaehers; 8ftd
(3) F6r e66perati.e WMlt; l!y 8ftd betweett the state edtteflti6Hal i'e8eMclt serviee 8ftd the pttblie sehool systems 6f the state; the Department 6f EdtteatiaH, 8ftd the edttellti6ftlli iHstitttti6HS 6f the state whieh are eHgttged ill the edtteatian 8ftd traittiftg 6f teaehers, thr6ttgh e6HfereHees, sttttly grettpS; dem6ftstratians 6f meth<Jds 8ftd materials 6f instrtteti6H, 8ftd ether metm8; (e) The state OOard is atttharized t6 ~ stteh amattnts as may be Heeessar:y 6f
the :1ft6fteY8 aHaeated t6 it tlfttie!' sttbseetiaft W 6f this GOOe seeti6ft ffif' the emp~-meflt
6f a speeialist 61' speeialists 61' ffif' eafttraetiHg ffif' the serviees 6f speeialists itt i'e8eMclt 8ftd ill de , el6pment 8ftd pradttetiaft 6f ettrriettlttm materials 8ftd ttttits 6f iHstrttetiaft 6ft the seiefltifie faets ill regard t6 the illfltteHee 6f ale6h6l 6ft httmatt health 8ftd beha ,.iar 8ftd 6ft !l6eilli 8ftd eean6mie e6HditiaHs, iftelttdiHg meth<Jds 6f iHstrtteti<JH; ffif' the empffiymeflt 6f seeretarial 8ftd elerieal assistllftts 8ftd ether 6ffiee expeHses; fur expeHses .6f -ooftfereftees, sttttly grettpS;- 8ftd demaftstrati6Hs, 8ftd ffif' aU ether expetlses Heeessar:li itt earryiftg 6tlt the pttrp6ses 6f this GOOe seetimr.
(d) The state OOard shall make a ailable ttHifurml:y t6 the pttblie sehools 6f the state 8ftd the edtteati6Hal iHstitttti6HS 6f the state eHgttged itt the edttelltian 8ftd -traiffittg .6f teaehers the ettrriettlttm materials, the ttttits 6f iHstrttetiaH, 8ftd the sttggested methads 6f iftstrtteti6ft whieh are de elaped tlfttie!' this GOOe seetiett"
Section 2. Said chapter is further amended by striking Code Section 20-2-142, relating to prescribed courses, and inserting in its place a new Code section to read as follows:
"20-2-142. (a) (1) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education:

THURSDAY, FEBRUARY 22, 1990

1625

(A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by a study of the local county and municipal governments; and
(B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph (3) of this subsection. (3) Handicapped students who are otherwise eligible for a special education diploma pursuant to subsection (b) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the handicapped students must enroll in and successfully complete both of these
courses. (b) (1) The State Board of Education and the Board of Public Safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Public Safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The Board of Public Safety shall make available officers or employees of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board.
(2) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection.
(3) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety.
(c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish standards for its administration. The course may shall include instruction concerning the impact of alcohol, smaking, tobacco, and drug abuse upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Human Resources, the state board, and such expert advisers as
they may choose. The Department Qf Education ~ directed !:Q assemble Q!: develop
instructional resources and materials concerning alcohol and drug abuse, taking into con-
sideration technological enhancements available for utilization Qf such instructional
resources.
(d) The funds allocated under Code Section 20-2-13 shall be used for the purpose
Qf creating and maintaining state educational research services for purposes which shall
include, but shall not be limited !Q,_ the following:
(1) For the development, production, and procurement Qf curriculum materials and units Qf instruction on the scientific facts !!!_ regard !:Q the influence and effect Qf alco-
hol on human health and behavior and on social and economic conditions, including
suggested methods Qf instruction !!!_ ways Qf working with boys and ~ and young. people !!!_ the various ~ groups and grade levels Qf the public schools Qf the state, !!!! aids !:Q classroom teachers and others responsible for the conduct Qf the educational
program !!!_ the public schools;

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JOURNAL OF THE HOUSE,

(2) For the publication, procurement, and dissemination Qf curriculum materials, units Qf instruction, and suggested methods Qf instruction relating _!;Q the influence and effect of alcohol on human health and behavior and on social and economic conditfOilS
for thesCilOolteacliers and edl.iCational officials fu the various local school systems Qf
the state, the Department Qf Education, and the various educational institutions Qf
the state which are engaged fu the education and training Qf teachers; and
~ cooperative work, .Qy and between the state educational research service and the local school systems Qf the state, the Department Qf Education, and the edu-
cational institutions Qf the state which are engaged fu the education and training Qf
teachers, through conferences, study groups, demonstrations Qf methods and materials Qf instruction, and other means. (e) The state board ~ authorized _!;Q expend such amounts ~ !!!!!Y be necessary Qf
the moneys allocated _!;Q li under Code Section 20-2-13 for the employment Qf!! specialist Q! specialists Q! for contracting for the services Qf specialists fu research and fu devel-
opment and production Qf curriculum materials and units Qf instruction on the scientific
facts fu regard _!;Q the influence Qf alcohol on human health and behavior and on social
and economic conditions, including methods Qf instruction; for the employment Qf secretarial and clerical assistants and other office expenses; for expenses Qf conferences, study
groups, and demonstrations; and for all other expenses necessary fu carrying out the
purposes Qf this Code section. (f) The state board shall make available uniformly _!;Q the public schools Qf the state
and the educational institutions Qf the state engaged fu the education and training Qf
teachers the curriculum materials, the units Qf instruction, and the suggested methods Qf instruction which are developed under this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Athon of the 57th moves to amend the Committee substitute to HB 1144 as follows:
On page 5 line 21 after the word "alcohol" insert the word "abuse" and after the word "drug" strike the word "abuse" and insert in lieu thereof the word "use".

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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HR 850. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the lOth:
A resolution authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 104, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, FEBRUARY 22, 1990

1627

HB 1757. By Representatives Pettit of the 19th, Watson of the 114th and Lee of the 72nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, licensing, and delivery of electronic data and electronic data media, equipment, supplies, products, and services containing or providing access to state information.

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 create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, and licensing of electronic data and equipment, supplies, products, and services incidental thereto; to provide for the members of the authority and their qualifications, selection, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for cooperation with and by other governmental entities; to provide for tax exempt status of the authority; 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. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at its end a new Chapter 24 to read as follows:
"CHAPTER 24
50-24-1. (a) There is established the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions.
(b) As used in this chapter, the term: (1) 'Authority' means the GeorgiaNet Authority. (2) 'File' means a group of data consisting of a collection of related records which
concern one or more functions of a state department, agency, board, bureau, commission, or authority, and which is treated as a single unit in an electronic data processing system.
(3) 'Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other individual, or a transaction. (c) The purpose of the authority shall be the centralized marketing, provision, sale, leasing, and licensing, on line or in volume, of certain public information maintained in electronic format to the public, together with services incidental thereto, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:
(1) The public interest in providing ready access to public state information for individuals, businesses, and other entities;
(2) The public interest in providing ready access to state information for other governmental entities, so as to better enable such other governmental entities to carry out their public purposes;
(3) Fair and adequate compensation to the state for costs incurred in generating, maintaining, and providing access to state information;
(4) Cost savings to the state through efficiency in the provision of public information;

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(5) The avoidance of unfair competition with private enterprises engaged in the commercial provision of electronic data equipment, supplies, products, and services; and
(6) Such other factors as are in the public interest of the state and will promote the public health and welfare. 50-24-2. (a) The authority shall consist of seven members as follows: the commissioner of community affairs; the commissioner of natural resources; the chancellor of the University System of Georgia; the director of the Office of Planning and Budget; one member appointed by the Lieutenant Governor; one member appointed by the Speaker of the House of Representatives; and one member appointed by the Governor who shall be knowledgeable with respect to the data processing operations and needs of political subdivisions of this state. (b) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically provided in this subsection, members of the authority shall receive no compensation for their services. (c) Four members of the authority shall constitute a quorum; and the affirmative votes of four members of the authority shall be required for any action to be taken by the authority. (d) The commissioner of administrative services shall be the executive officer and director and administrative head of the authority. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications and fix their compensation, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director. (e) The authority may make rules and regulations for its own government. (f) The authority shall have perpetual existence. 50-24-3. (a) The authority shall be assigned for administrative purposes to the Department of Administrative Services, as provided for in Code Section 50-4-3. (b) The Attorney General shall provide legal services for the authority, in the same manner provided for in Code Sections 45-15-13 through 45-15-16. 50-24-4. The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure;
(2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created;
(3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority;
(4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(5) To contract with state agencies or any local government for the use by the authority of any property, 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 authority; and such state agencies and local governments are authorized to enter into such contracts;
(6) To fix and collect fees and charges for data, media, and incidental services furnished by it to any private individual or entity;
(7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation

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bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;
(8) To transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority;
(9) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority;
(10) To do all things necessary or convenient to carry out the powers conferred by this chapter. 50-24-5. All state departments, agencies, boards, bureaus, commissions, and authorities are authorized to make available to the authority access to such public records or data as may be needed by the authority for its corporate purposes which are available in electronic format upon terms mutually agreed to by the authority and any such department, agency, board, bureau, commission, or authority; provided, however, that no department, agency, board, bureau, commission, or authority shall be required to do so. The authority is authorized to reimburse the department, agency, board, bureau, commission, or authority for costs incurred in providing such public records or data. The judicial and legislative branches are authorized to likewise provide such access to the authority. 50-24-6. The authority shall have exclusive authority to sell on behalf of the executive branch of state government an entire file of public information in any electronic medium or format, to the public; provided, however, that nothing contained herein shall preclude any department, agency, board, bureau, commission, or authority from selling individual records maintained in electronic format or otherwise to the public or from selling or otherwise disseminating any data which the authority declines to sell; and the authority may likewise be authorized by the judicial and legislative branches to sell on their behalf entire files of public information. 50-24-7. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision. 50-24-8. Any action against the authority shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions. 50-24-9. All moneys received by the authority pursuant to this chapter shall be deemed to be trust funds to be held and applied solely as provided in this chapter. 50-24-10. The foregoing Code sections of this chapter shall be deemed to provide an additional and alternative method for the doing of things authorized thereby 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. 50-24-11. Nothing in this chapter shall be deemed to effect a transfer of ownership of any data from any department, agency, board, bureau, commission, or authority to the authority. 50-24-12. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Pettit of the 19th, was read and adopted:
A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the

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authority shall be the centralized marketing, provision, sale, leasing, and licensing of electronic data and equipment, supplies, products, and services incidental thereto; to provide for the members of the authority and their qualifications, selection, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for cooperation with and by other governmental entities; to provide for tax exempt status of the authority; 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. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at its end a new Chapter 24 to read as follows:
"CHAPTER 24
50-24-1. (a) There is established the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions.
(b) As used in this chapter, the term: (1) 'Authority' means the GeorgiaNet Authority. (2) 'File' means a group of data consisting of a collection of related records which
concern one or more functions of a state department, agency, board, bureau, commission, or authority, and which is treated as a single unit in an electronic data processing system.
(3) 'Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other individual, or a transaction. (c) The purpose of the authority shall be the centralized marketing, provision, sale, and leasing, on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:
(1) The public interest in providing ready access to public state information for individuals, businesses, and other entities;
(2) The public interest in providing ready access to state information for other governmental entities, so as to better enable such other governmental entities to carry out their public purposes;
(3) Fair and adequate compensation to the state for costs incurred in generating, maintaining, and providing access to state information;
(4) Cost savings to the state through efficiency in the provision of public information;
(5) The avoidance of unfair competition with private enterprises engaged in the commercial provision of electronic data equipment, supplies, products, and services; and
(6) Such other factors as are in the public interest of the state and will promote the public health and welfare. 50-24-2. (a) The authority shall consist of seven members as follows: the state revenue commissioner or his designee; the Secretary of State or his designee; the chancellor of the University System of Georgia or his designee; the director of the Office of Planning and Budget; one member appointed by the Lieutenant Governor; one member appointed by the Speaker of the House of Representatives; and one member appointed by the Governor who shall be knowledgeable with respect to the data processing operations and needs of political subdivisions of this state. (b) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except

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as specifically provided in this subsection, members of the authority shall receive no compensation for their services.
(c) Four members of the authority shall constitute a quorum; and the affirmative votes of four members of the authority shall be required for any action to be taken by the authority.
(d) The commissioner of administrative services shall be the executive officer and director and administrative head of the authority. The commissioner of administrative services may appoint a person as assistant commissioner and delegate such of his powers and duties to such assistant commissioner as he desires. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director.
(e) The authority may make rules and regulations for its own government. (f) The authority shall have perpetual existence. 50-24-3. (a) The authority shall be assigned for administrative purposes to the Department of Administrative Services, as provided for in Code Section 50-4-3. (b) The Attorney General shall provide legal services for the authority, in the same manner provided for in Code Sections 45-15-13 through 45-15-16. 50-24-4. The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure; (2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (5) To contract with state agencies or any local government for the use by the authority of any property, 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 authority; and such state agencies and local governments are authorized to enter into such contracts;
(6) To fix and collect fees and charges for data, media, and incidental services furnished by it to any private individual or entity;
(7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;
(8) To transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority;
(9) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority;
(10) To do all things necessary or convenient to carry out the powers conferred by this chapter.
50-24-5. All state departments, agencies, boards, bureaus, commissions, and authorities are authorized to make available to the authority access to public records or data which are available in electronic format upon terms mutually agreed to by the authority and any such department, agency, board, bureau, commission, or authority; provided, however, that no department, agency, board, bureau, commission, or authority shall be required to do so. The authority shall reimburse the department, agency, board, bureau, commission, or authority for costs incurred in providing such public records or data. The

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judicial and legislative branches are authorized to likewise provide such access to the authority.
50-24-6. The authority shall have exclusive authority to sell on behalf of the executive branch of state government an entire file of public information in any electronic medium or format; provided, however, that nothing contained herein shall preclude any department, agency, board, bureau, commission, or authority from selling individual records maintained in electronic format or otherwise to the public or other governmental agencies or entities or from selling or otherwise disseminating any data which the authority declines to sell; and the authority may likewise be authorized by the judicial and legislative branches to sell on their behalf entire files of public information.
50-24-7. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision.
50-24-8. Any action against the authority shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions.
50-24-9. All moneys received by the authority pursuant to this chapter shall be deemed to be trust funds to be held and applied solely as provided in this chapter.
50-24-10. The foregoing Code sections of this chapter shall be deemed to provide an additional and alternative method for the doing of things authorized thereby 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.
50-24-11. Nothing in this chapter shall be deemed to effect a transfer of ownership of any data from any department, agency, board, bureau, commission, or authority to the authority.
50-24-12. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 101, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 1757, by substitute, was ordered immediately transmitted to the Senate.

The Speaker Pro Tern assumed the Chair.

SR 280. By Senator Fincher of the 54th: A resolution designating the Jennie Weyman Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 98, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, FEBRUARY 22, 1990

1633

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 890 Do Pass HR 891 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The following Resolutions of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 838. By Representatives Aiken of the 21st, Murphy of the 18th, Atkins of the 21st, Wilder of the 21st, Isakson of the 21st and others:
A resolution inviting Eva Mae LeFevre to appear before the House of Representatives.

HR 859. By Representatives Birdsong of the 104th and Buford of the 103rd: A resolution congratulating the Tattnall Square Academy football team and inviting the team to appear before the House of Representatives.
HR 864. By Representatives Carter of the 146th and Chambless of the 133rd: A resolution commending and recognizing six-year-old Christie Shoupe of Berrien County and the Albany Easter Seals Society and inviting her, her family, and a representative of the Albany Easter Seals Society to appear before the House of Representatives.
HR 890. By Representatives Birdsong of the 104th and Buford of the 103rd:
A resolution commending the Tattnall Square Academy girls' softball team and inviting them to appear before the House of Representatives.
HR 891. By Representatives Howren of the 20th, Ehrhart of the 20th, Vaughan of the 20th, Thompson of the 20th, Clark of the 20th and others:
A resolution commending the McEachern High School wrestling team and inviting the team to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 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.

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The following Committee substitute was read and adopted:

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 agent to make health care decisions on behalf of such person; to provide a short title; to provide for legislative purpose; to provide definitions; to provide for standards and limitations with respect to health care agencies; to provide for revocation and amendment of health care agencies; to provide for the responsibilities and duties of health care providers and agents under health care agencies; to provide for immunity from liability or disciplinary action under certain circumstances; to provide for penalties; to provide a statutory short form durable power of attorney for health care; to provide for the construction of such form; to provide for applicability; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to public health, is amended by inserting at the end thereof a new Chapter 36 to read as follows:
"CHAPTER 36
31-36-1. This chapter shall be known and may be cited as the 'Durable Power of Attorney for Health Care Act.'
31-36-2. (a) The General Assembly recognizes the right of the individual to control all aspects of his or her personal care and medical treatment, including the right to decline medical treatment or to direct that it be withdrawn. However, if the individual becomes disabled, incapacitated, or incompetent, his or her right to control treatment may be denied unless the individual, as principal, can delegate the decision-making power to a trusted agent and be sure that the agent's power to make personal and health care decisions for the principal will be effective to the same extent as though made by the principal.
(b) This recognition of the right of delegation for health care purposes must be stated to make it clear that its scope is intended to be as broad as the comparable right of delegation for property and financial matters. However, the General Assembly recognizes that powers concerning health care decisions are more sensitive than property matters and that particular rules and forms are necessary for health care agencies to ensure their validity and efficacy and to protect health care providers so that they will honor the authority of the agent at all times. Nothing in this chapter shall be deemed to authorize or encourage euthanasia, suicide, or any action or course of action that violates the criminal laws of this state or the United States.
(c) In furtherance of these purposes, the General Assembly enacts this chapter, setting forth general principles governing health care agencies, as well as a statutory short form durable power of attorney for health care, intending that when a power in substantially the form set forth in this chapter is used, health care providers and other third parties who rely in good faith on the acts and decisions of the agent within the scope of the power may do so without fear of civil or criminal liability to the principal, the state, or any other person. However, the form of health care agency set forth in this chapter is not intended to be exclusive, and other forms of powers of attorney chosen by the principal that comply with Code Section 31-36-5 may offer powers and protections similar to the statutory short form durable power of attorney for health care.
31-36-3. As used in this chapter, the term: (I) 'Attending physician' means the physician who has primary responsibility at
the time of reference for the treatment and ciue of the patient. (2) 'Health care' means any care, treatment, service, or procedure to maintain,
diagnose, treat, or provide for the patient's physical or mental health or personal care. (3) 'Health care agency' or 'agency' means an agency governing any type of health
care, anatomical gift, autopsy, or disposition of remains for and on behalf of a patient

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and refers to the power of attorney or other written instrument defining the agency, or the agency itself, as appropriate to the context.
(4) 'Health care provider' or 'provider' means the attending physician and any other person administering health care to the patient at the time of reference who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or the practice of a profession, including any person employed by or acting for any such authorized person.
(5) 'Hospital' means a facility which has a valid permit or provisional permit issued under Chapter 7 of this title and which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons.
(6) 'Patient' means the principal. (7) 'Skilled nursing facility' means a facility which has a valid permit or provisional permit issued under Chapter 7 of this title and which provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. 31-36-4. The health care powers that may be delegated to an agent include, without limitation, all powers an individual may have to be informed about and to consent to or refuse or withdraw any type of health care for the individual. A health care agency may extend beyond the principal's death if necessary to permit anatomical gift, autopsy, or disposition of remains. Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of life-sustaining or death-delaying procedures in any lawful manner, and the provisions of this chapter are cumulative in such respect. 31-365. (a) A health care agency shall be in writing and signed by the principal or by some other person in the principal's presence and by the principal's express direction. A health care agency shall be attested and subscribed in the presence of the principal by two or more competent witnesses who are at least 18 years of age. In addition, if at the time a health care agency is executed the principal is a patient in a hospital or skilled nursing facility, the health care agency shall also be attested and subscribed in the presence of the principal by the principal's attending physician. (b) No health care provider may act as agent under a health care agency if he or she is directly or indirectly involved in the health care rendered to the patient under the health care agency. (c) An agent under a health care agency shall not have the authority to make a particular health care decision different from or contrary to the patient's decision, if any, if the patient is able to understand the general nature of the health care procedure being consented to or refused, as determined by the patient's attending physician based on such physician's good faith judgment. 31-366. (a) Every health care agency may be revoked by the principal at any time, without regard to the principal's mental or physical condition, by any of the following methods: (1) By being obliterated, burned, torn, or otherwise destroyed or defaced in a man ner indicating an intention to revoke; (2) By a written revocation of the agency signed and dated by the principal or by a person acting at the direction of the principal; or (3) By an oral or any other expression of the intent to revoke the agency in the presence of a witness 18 years of age or older who, within 30 days of the expression of such intent, signs and dates a writing confirming that such expression of intent was made. (b) Unless the health care agency expressly provides otherwise, if, after executing a health care agency, the principal marries, such marriage shall revoke the designation of a person other than the principal's spouse as the principal's agent to make health care decisions for the principal; and if, after executing a health care agency, the principal's marriage is dissolved or annulled, such dissolution or annulment shall revoke the principal's former spouse as the principal's agent to make health care decisions for the principal.

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(c) A health care agency which survives disability shall not be revoked solely by the appointment of a guardian or receiver for the principal. Absent an order of a court of competent jurisdiction directing a guardian to exercise powers of the principal under an agency that survives disability, the guardian has no power, duty, or liability with respect to any personal or health care matters covered by the agency.
(d) A health care agency may be amended at any time by a written amendment executed in accordance with the provisions of subsection (a) of Code Section 31-36-5.
(e) Any person, other than the agent, to whom a revocation or amendment of a health care agency is communicated or delivered shall make all reasonable efforts to inform the agent of that fact as promptly as possible.
31-36-7. Each health care provider and each other person with whom an agent deals under a health care agency shall be subject to the following duties and responsibilities:
(1) It is the responsibility of the agent or patient to notify the health care provider of the existence of the health care agency and any amendment or revocation thereof. A health care provider furnished with a copy of a health care agency shall make it a part of the patient's medical records and shall enter in the records any change in or termination of the health care agency by the principal that becomes known to the provider. Whenever a provider believes a patient is unable to understand the general nature of the health care procedure which the provider deems necessary, the provider shall consult with any available health care agent known to the provider who then has power to act for the patient under a health care agency;
(2) A health care decision made by an agent in accordance with the terms of a health care agency shall be complied with by every health care provider to whom the decision is communicated, subject to the provider's right to administer treatment for the patient's comfort or alleviation of pain; but, if the provider is unwilling to comply with the agent's decision, the provider shall promptly inform the agent who shall then be responsible to make the necessary arrangements for the transfer of the patient to another provider. A provider who is unwilling to comply with the agent's decision will continue to afford reasonably necessary consultation and care in connection with the pending transfer;
(3) At the patient's expense and subject to reasonable rules of the health care provider to prevent disruption of the patient's health care, each health care provider shall give an agent authorized to receive such information under a health care agency the same right the principal has to examine and copy any part or all of the patient's medical records that the agent deems relevant to the exercise of the agent's powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, hospital, nursing home, or other health care provider, notwithstanding the provisions of any statute or rule of law to the contrary; and
(4) If and to the extent a health care agency empowers the agent to:
(A) Make an anatomical gift on behalf of the principal under Article 6 of Chapter 5 of Title 44, the 'Georgia Anatomical Gift Act,' as now or hereafter amended;
(B) Authorize an autopsy of the principal's body; or (C) Direct the disposition of the principal's remains,
the anatomical gift, autopsy approval, or remains disposition shall be deemed the act of the principal or of the person who has priority under law to make the necessary decisions and each person to whom a direction by the agent in accordance with the terms of the agency is communicated shall comply with such direction to the extent it is in accord with reasonable medical standards or other relevant standards at the time of reference. 31-36-8. Each health care provider and each other person who acts in good faith reliance on any direction or decision by the agent that is not clearly contrary to the terms of a health care agency will be protected and released to the same extent as though such person had dealt directly with the principal as a fully competent person. Without limiting the generality of the foregoing, the following specific provisions shall also govern, protect, and validate the acts of the agent and each such health care provider and other person acting in good faith reliance on such direction or decision:

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(1) No such provider or person shall be subject to any type of civil or criminal liability or discipline for unprofessional conduct solely for complying with any direction or decision by the agent, even if death or injury to the patient ensues;
(2) No such provider or person shall be subject to any type of civil or criminal liability or discipline for unprofessional conduct solely for failure to comply with any direction or decision by the agent, as long as such provider or person promptly informs the agent of such provider's or person's refusal or failure to comply with such direction or decision by the agent. The agent shall then be responsible to make the necessary arrangements for the transfer of the patient to another health care provider. A health care provider who is unwilling to comply with the agent's decision will continue to afford reasonably necessary consultation and care in connection with the pending transfer;
(3) If the actions of a health care provider or person who fails to comply with any direction or decision by the agent are substantially in accord with reasonable medical standards at the time of reference and the provider cooperates in the transfer of the patient pursuant to paragraph (2) of Code Section 31-36-7, the health care provider or person shall not be subject to any type of civil or criminal liability or discipline for unprofessional conduct for failure to comply with the agency;
(4) No agent who, in good faith, acts with due care for the benefit of the patient and in accordance with the terms of a health care agency, or who fails to act, shall be subject to any type of civil or criminal liability for such action or inaction;
(5) If the authority granted by a health care agency is revoked under Code Section 31-36-6, a person will not be subject to criminal prosecution or civil liability for acting in good faith reliance upon such health care agency unless such person had actual knowledge of the revocation; and
(6) If the patient's death results from withholding or withdrawing life-sustaining or death-delaying treatment in accordance with the terms of a health care agency, the death shall not constitute a suicide or homicide for any purpose under any statute or other rule of law and shall not impair or invalidate any insurance, annuity, or other type of contract that is conditioned on the life or death of the patient, any term of the contract to the contrary notwithstanding. 31-36-9. All persons shall be subject to the following sanctions in relation to health care agencies, in addition to all other sanctions applicable under any other law or rule of professional conduct:
(1) Any person shall be civilly liable who, without the principal's consent, willfully conceals, cancels, or alters a health care agency or any amendment or revocation of the agency or who falsifies or forges a health care agency, amendment, or revocation;
(2) A person who falsifies or forges a health care agency or willfully conceals or withholds personal knowledge of an amendment or revocation of a health care agency with the intent to cause a withholding or withdrawal of life-sustaining or deathdelaying procedures contrary to the intent of the principal and thereby, because of such act, directly causes life-sustaining or death-delaying procedures to be withheld or withdrawn, shall be subject to prosecution for criminal homicide as provided for in Chapter 5 of Title 16; and
(3) Any person who requires or prevents execution of a health care agency as a condition of ensuring or providing any type of health care services to the patient shall be civilly liable and guilty of a misdemeanor and shall be punished as provided by law.
31-36-10. (a) The statutory health care power of attorney form contained in this subsection may be used to grant an agent powers with respect to the principal's own health care; but the statutory health care power is not intended to be exclusive or to cover delegation of a parent's power to control the health care of a minor child, and no provision of this chapter shall be construed to bar use by the principal of any other or different form of power of attorney for health care that complies with Code Section 31-36-5. If a different form of power of attorney for health care is used, it may contain any or all of the provisions set forth or referred to in the following form. When a power of attorney in substantially the following form is used, including the notice paragraph

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in capital letters at the beginning, it shall have the meaning and effect prescribed in this chapter. The statutory health care power may be included in or combined with any other form of power of attorney governing property or other matters:

'GEORGIA STATUTORY SHORT FORM DURABLE POWER OF ATTORNEY FOR HEALTH CARE

NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE

PERSON YOU DESIGNATE (YOUR AGENT) BROAD POWERS TO MAKE

HEALTH CARE DECISIONS FOR YOU, INCLUDING POWER TO REQUIRE,

CONSENT TO, OR WITHDRAW ANY TYPE OF PERSONAL CARE OR MEDI-

CAL TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO

ADMIT YOU TO OR DISCHARGE YOU FROM ANY HOSPITAL, HOME, OR

OTHER INSTITUTION; BUT NOT INCLUDING PSYCHOSURGERY, STERI-

LIZATION, OR INVOLUNTARY HOSPITALIZATION OR TREATMENT COV-

ERED BY TITLE 37 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED.

THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE

GRANTED POWERS; BUT, WHEN A POWER IS EXERCISED, YOUR AGENT

WILL HAVE TO USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN

ACCORDANCE WITH THIS FORM. A COURT CAN TAKE AWAY THE POWERS

OF YOUR AGENT IF IT FINDS THE AGENT IS NOT ACTING PROPERLY.

YOU MAY NAME COAGENTS AND SUCCESSOR AGENTS UNDER THIS

FORM, BUT YOU MAY NOT NAME A HEALTH CARE PROVIDER WHO MAY

BE DIRECTLY OR INDIRECTLY INVOLVED IN RENDERING HEALTH CARE

TO YOU UNDER THIS POWER. UNLESS YOU EXPRESSLY LIMIT THE

DURATION OF THIS POWER IN THE MANNER PROVIDED BELOW OR

UNTIL YOU REVOKE THIS POWER OR A COURT ACTING ON YOUR

BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS

GIVEN IN THIS POWER THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU

BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. THE POWERS

YOU GIVE YOUR AGENT, YOUR RIGHT TO REVOKE THOSE POWERS, AND

THE PENALTIES FOR VIOLATING THE LAW ARE EXPLAINED MORE

FULLY IN CODE SECTIONS 31-36-6, 31-36-9, AND 31-36-10 OF THE GEORGIA

"DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT" OF WHICH

THIS FORM IS A PART (SEE THE BACK OF THIS FORM). THAT ACT

EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF POWER OF

ATTORNEY YOU MAY DESIRE. IF THERE IS ANYTHING ABOUT THIS FORM

THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO

EXPLAIN IT TO YOU.

DURABLE POWER OF ATTORNEY made this

day of

~-1-. -!-,-_-_-_-_-_-_-_-_-_-_-_-_-_-___,_1_9_______________________________________

(insert name and address of principal) hereby appoint ____________________________________________________

(insert name and address of agent) as my attorney in fact (my agent) to act for me and in my name in any way I could act in person to make any and all decisions for me concerning my personal care, medical treatment, hospitalization, and health care and to require, withhold, or withdraw any type of medical treatment or procedure, even though my death may ensue. My agent shall have the same access to my medical records that I have, including the right to disclose the contents to others. My agent shall also have full power to make a disposition of any part or all of my body formedical purposes, authorize an autopsy of my body, and direct the disposition of my remains. THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS POSSIBLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY DECISION YOU COULD MAKE TO OBTAIN OR TERMINATE ANY TYPE OF

THURSDAY, FEBRUARY 22,1990

1639

HEALTH CARE, INCLUDING WITHDRAWAL OF NOURISHMENT AND FLUIDS AND OTHER LIFE-SUSTAINING OR DEATH-DELAYING MEASURES, IF YOUR AGENT BELIEVES SUCH ACTION WOULD BE CONSISTENT WITH YOUR INTENT AND DESIRES. IF YOU WISH TO LIMIT THE SCOPE OF YOUR AGENT'S POWERS OR PRESCRIBE SPECIAL RULES TO LIMIT THE POWER TO MAKE AN ANATOMICAL GIFT, AUTHORIZE AUTOPSY, OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE FOLLOWING PARAGRAPHS.
2. The powers granted above shall not include the following powers or shall be subject to the following rules or limitations (here you may include any specific limitations you deem appropriate, such as your own definition of when life-sustaining or
death-delaying measures should be withheld; a direction to continue nourishment and fluids or other life-sustaining or death-delaying treatment in all events; or instructions to refuse any specific types of treatment that are inconsistent with your religious beliefs or unacceptable to you for any other reason, such as blood transfusion, electroconvulsive therapy, or amputation):

THE SUBJECT OF LIFE-SUSTAINING OR DEATH-DELAYING TREATMENT IS OF PARTICULAR IMPORTANCE. FOR YOUR CONVENIENCE IN DEALING WITH THAT SUBJECT, SOME GENERAL STATEMENTS CONCERNING THE WITHHOLDING OR REMOVAL OF LIFE-SUSTAINING OR DEATH-DELAYING TREATMENT ARE SET FORTH BELOW. IF YOU AGREE WITH ONE OF THESE STATEMENTS, YOU MAY INITIAL THAT STATEMENT, BUT DO NOT INITIAL MORE THAN ONE:
I do not want my life to be prolonged nor do I want life-sustaining or deathdelaying treatment to be provided or continued if my agent believes the burdens of the treatment outweigh the expected benefits. I want my agent to consider the relief of suffering, the expense involved, and the quality as well as the possible extension of my life in making decisions concerning life-sustaining or death-delaying treatment.
Initialed----;------,.,---;--;-----:---,----,1 want my life to be prolonged and I want life-sustaining or death-delaying treatment to be provided or continued unless I am in a coma, including a persistent vegetative state, which my attending physician believes to be irreversible, in accordance with reasonable medical standards at the time of reference. If and when I have suffered such an irreversible coma, I want life-sustaining or death-delaying treatment to be withheld or discontinued.
Initialed --;-;.---:-----.---,--1 want my life to be prolonged to the greatest extent possible without regard to my condition, the chances I have for recovery, or the cost of the procedures.
Initialed THIS POWER OF ATTORNEY MAY BE AMENDED OR RE,-;-;v=o=K=E""'D--.B""Y-;-o-;Y=ou~A=T
ANY TIME AND IN ANY MANNER WHILE YOU ARE ABLE TO DO SO. IN THE ABSENCE OF AN AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH AND WILL CONTINUE BEYOND YOUR DEATH IF ANATOMICAL GIFT, AUTOPSY, OR DISPOSITION OF REMAINS IS AUTHORIZED, UNLESS A LIMITATION ON THE BEGINNING DATE OR DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH OF THE FOLLOWING:
3. ( ) This power of attorney shall become
effective on -----=---------=-----::---777---=------=-------:------c:--~---=-
(insert a future date or event during your lifetime, such as court determination of your disability, incapacity, or incompetency, when you want this power to first take effect).
4. ( ) This power of attorney shall
terminate o n - - - - - - - - - - - - - - - - - - - - - - - - - - -

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JOURNAL OF THE HOUSE,

(insert a future date or event, such as court determination of your disability, incapacity, or incompetency, when you want this power to terminate prior to your death). IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND ADDRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH:
5. If any agent named by me shall die, become legally disabled, incapacitated, or incompetent, or resign, refuse to act, or be unavailable, I name the following (each to act successively in the order named) as successors to such agent:

IF YOU WISH TO NAME A GUARDIAN OF YOUR PERSON IN THE EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED, YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY INSERTING THE NAME OF SUCH GUARDIAN IN THE FOLLOWING PARAGRAPH. THE COURT WILL APPOINT THE PERSON NOMINATED BY YOU IF THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. YOU MAY, BUT ARE NOT REQUIRED TO, NOMINATE AS YOUR GUARDIAN THE SAME PERSON NAMED IN THIS FORM AS YOUR AGENT.
6. If a guardian of my person is to be appointed, I nominate the following to serve as such guardian:

(insert name and address of nominated guardian of the person) 7. I am fully informed as to all the contents of this form and understand the full import of this grant of powers to my agent.

Signed ----------,:-:-----o-----:-c (Principal)

The principal has had an opportunity to read the above form and has signed the

above form in our presence. We, the undersigned, each being over 18 years of age, wit-

ness the principal's signature at the request and in the presence of the principal, and

in the presence of each other, on the day and year above set out.

Witnesses

Addresses:

Additional witness required when health care agency is signed in a hospital or skilled nursing facility. I hereby witness this health care agency and attest that I believe the principal to be of sound mind and to have made this health care agency willingly and voluntarily.
Witness=------..,.--,-~---.=----=--:-- Attending Physician
Address:_ _ _ _ _ _ _ _ _ _ _ __

YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND

SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF

YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY,

YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES

OF THE AGENTS.

I certify that the

signature of my agent

Specimen signatures of

and successor(s) is

agent and successor(s)

correct.

(Agent)

(Principal)

THURSDAY, FEBRUARY 22, 1990

1641

(Successor agent)

(Principal)

(Successor agent)

(Principal)'

(b) The foregoing statutory health care power of attorney form authorizes, and any

different form of health care agency may authorize, the agent to make any and all health

care decisions on behalf of the principal which the principal could make if present and

under no disability, incapacity, or incompetency, subject to any limitations on the

granted powers that appear on the face of the form, to be exercised in such manner as

the agent deems consistent with the intent and desires of the principal. The agent will

be under no duty to exercise granted powers or to assume control of or responsibility

for the principal's health care; but, when granted powers are exercised, the agent will

be required to use due care to act for the benefit of the principal in accordance with

the terms of the statutory health care power and will be liable for negligent exercise.

The agent may act in person or through others reasonably employed by the agent for

that purpose but may not delegate authority to make health care decisions. The agent

may sign and deliver all instruments, negotiate and enter into all agreements, and do

all other acts reasonably necessary to implement the exercise of the powers granted to

the agent. Without limiting the generality of the foregoing, the statutory health care

power form shall, and any different form of health care agency may, include the follow-

ing powers, subject to any limitations appearing on the face of the form:

(1) The agent is authorized to consent to and authorize or refuse, or to withhold

or withdraw consent to, any and all types of medical care, treatment, or procedures

relating to the physical or mental health of the principal, including any medication

program, surgical procedures, life-sustaining or death-delaying treatment, or provision

of nourishment and fluids for the principal, but not including psychosurgery, steriliza-

tion, or involuntary hospitalization or treatment covered by Title 37;

(2) The agent is authorized to admit the principal to or discharge the principal

from any and all types of hospitals, institutions, homes, residential or nursing facili-

ties, treatment centers, and other health care institutions providing personal care or

treatment for any type of physical or mental condition, but not including

psychosurgery, sterilization, or involuntary hospitalization or treatment covered by

Title 37;

(3) The agent is authorized to contract for any and all types of health care services

and facilities in the name of and on behalf of the principal and to bind the principal

to pay for all such services and facilities, and the agent shall not be personally liable

for any services or care contracted for on behalf of the principal;

(4) At the principal's expense and subject to reasonable rules of the health care

provider to prevent disruption of the principal's health care, the agent shall have the

same right the principal has to examine and copy and consent to disclosure of all the

principal's medical records that the agent deems relevant to the exercise of the agent's

powers, whether the records relate to mental health or any other medical condition

and whether they are in the possession of or maintained by any physician, psychia-

trist, psychologist, therapist, hospital, nursing home, or other health care provider,

notwithstanding the provisions of any statute or other rule of law to the contrary; and

(5) The agent is authorized to direct that an autopsy of the principal's body be

made; to make a disposition of any part or all of the principal's body pursuant to

Article 6 of Chapter 5 of Title 44, the 'Georgia Anatomical Gift Act,' as now or hereaf-

ter amended; and to direct the disposition of the principal's remains.

31-36-11. This chapter applies to all health care providers and other persons in rela-

tion to all health care agencies executed on and after July 1, 1990. This chapter super-

sedes all other provisions of law or parts thereof existing on July 1, 1990, to the extent

such other provisions are inconsistent with the terms and operation of this chapter, pro-

vided that this chapter does not affect the provisions of law governing emergency health

care. If the principal has a living will under Chapter 32 of this title, as now or hereafter

amended, the living will shall not be operative so long as an agent is available who is

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JOURNAL OF THE HOUSE,

authorized by a health care agency to deal with the subject of life-sustaining or deathdelaying procedures for and on behalf of the principal. Furthermore, unless the health care agency provides otherwise, the agent who is known to the health care provider to be available and willing to make health care decisions for the patient has priority over any other person, including any guardian of the person, to act for the patient in all matters covered by the health care agency.
31-36-12. This chapter does not in any way affect or invalidate any health care agency executed or any act of an agent prior to July 1, 1990, or affect any claim, right, or remedy that accrued prior to July 1, 1990.
31-36-13. This chapter is wholly independent of the provisions of Title 53, relating to wills, trusts, and the administration of estates, and nothing in this chapter shall be construed to affect in any way the provisions of said Title 53."
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 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1709. By Representatives Aiken of the 21st and Oliver of the 121st:
A bill to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to regulate the installation of manufactured homes and mobile homes; to define certain terms; to authorize and direct the Georgia Safety Fire Commissioner to perform certain duties.

Representative Thompson of the 20th moved that further consideration of HB 1709 be postponed until Monday, February 25, 1990.
The motion was lost.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to require the licensure of dealers of new and used manufactured homes and mobile homes; to regulate the installation of manufactured homes and mobile homes; to define certain terms; to authorize and direct the Georgia Safety Fire Commissioner to perform certain duties; to provide for the licensure of certain persons installing manufactured homes and mobile homes; to provide for regulations governing such installations; to provide for penalties; 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 Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by inserting at the end of Code Section 8-2-131, relating to definitions applicable to uniform standards for manufactured homes, a new paragraph (3) to read as follows:
"(3) 'Mobile home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in

THURSDAY, FEBRUARY 22, 1990

1643

length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976."

Section 2. Said article is further amended by striking in its entirety subsection (c)

of Code Section 8-2-135, relating to the licensure of manufacturers and dealers of manu-

factured homes, and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) Every dealer who sells or offers for sale new or used manufactured homes or

mobile homes in Georgia shall apply for and obtain!lhcense."

-

Section 3. Said article is further amended by inserting at the end thereof a new Part 3 to read as follows:

"Part3

8-2-160. As used in this part, the term: (1) 'Commissioner' means the Georgia Safety Fire Commissioner. (2) 'Installation' means the construction of a foundation system and the placement
or erection of a manufactured home or a mobile home on the foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such home; and connecting multiple or expandable sections of such home.
(3) 'Installer' means a person responsible for performing an installation and who is required to obtain a license pursuant to the provisions of Code Section 8-2-164.
(4) 'Manufactured home' means a new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety standards Act of 1974, 42 U.S.C. Section 5401, et seq.
(5) 'Mobile home' means a new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and built prior to June 15, 1976.
(6) 'Person' means an individual, corporation, partnership, association, or any other legal entity, but shall not include the state or any political subdivision thereof. 8-2-161. It shall be the authority and duty of the Commissioner to:
(1) Establish procedures for the licensure of installers as provided by Code Section 8-2-164 and the implementation and collection of an annual license fee, which shall be $100.00; and
(2) Establish and publish rules and regulations governing the installation of manufactured homes and mobile homes to be followed in instances in which no manufacturer's installation instructions are available. Such rules and regulations shall be equivalent to usual and ordinary manufacturer's installation instructions and Appendix H of the State Building Code. 8-2-162. The Commissioner is charged with the administration of this part. He may make, amend, alter, and repeal general rules and regulations of procedure to carry into effect this part, tO obtain statistical data concerning manufactured homes and mobile homes, and to prescribe means, methods, and practices to make this part effective. The

1644

JOURNAL OF THE HOUSE,

Commissioner may also make such investigations of consumer complaints relating to installations as in his judgment are necessary to enforce and administer this part.
8-2-163. It shall be unlawful for any person to perform an installation of a manufactured home or a mobile home, without regard to whether such person receives compensation for such action, except as provided in this part.
8-2-164. Any installer performing any installation of a manufactured home or a mobile home in this state, other than a home owned by such person and used for his principal residence, shall first obtain a license from the Commissioner; provided, however, that persons employed by or contracting with a licensed installer to perform installations shall not be required to obtain such license.
8-2-165. Any installation of a manufactured home or a mobile home in this state shall be performed in strict compliance with the applicable manufacturer's installation instructions or, in the absence of such instructions, with the applicable rules and regulations adopted by the Commissioner.
8-2-166. Any person convicted of a violation of this part shall be guilty of a misdemeanor and may be penalized by a fine of not more than $500.00 for each such violation, and by the suspension or revocation of licensure. Each installation performed in violation of this part shall constitute a separate violation."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, Representative McDonald of the 12th moved the "ayes" and "nays", and the call was sustained.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
N Adams Y Aiken
Y Alford Y Allen N Athon YAtkins N Bailey N Baker
Balkcom Y Bannister N Barfoot
Bargeron N Barnett,B Y Barnett,M N Bates
Beck N Benefield
YBenn N Birdsong Y Bishop N Bostick Y Branch N Breedlove N Brooks
Brown YBuck N Buford N Byrd Y Campbell
Carrell N Carter

Chambless Y Chance N Cheeks N Childers Y Clark,B Y Clark,H
Clark,L Coleman Colwell Connell Couch N Crawford N Crosby N Cummings,B N Cummings,M N Davis,C N Davis,G Y Davis,M N Dixon,H Dixon,S N Dobbs N Dover NDunn Edwards YEhrhart Y Felton N Fennel N Floyd,J.M Y Floyd,J.W N Foster y Godbee
Y Goodwin Y Green

Greene Y Gresham N Griffin N Groover N Hamilton N Hanner N Harris
Hasty Y Heard N Herbert N Holcomb N Holland Y Holmes Y Hooks Y Howren Y Hudson N Irwin y Isakson
N Jackson,J Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore N Kingston NLane,D Y Lane,R N Langford Y Lawrence N Lawson N Lee N Linder

Long NLord Y Lucas Y Lupton
Mangum y Martin
NMcCoy N McDonald N McKelvey
McKinney,B N McKinney,C N Meadows
Milam N Mobley N Moody Y Morton Y Moultrie Y Mueller Y Oliver,C N Oliver,M N Orr N Orrock N Padgett Y Pannell
Parham N Parriah N Patten Y Pettit N Pinkston NPoag N Porter
Poston N Powell

y Randall
YRansom YRay
Y Reaves Redding
N Richardson N Ricketson
Y Robinson N Royal
Selman N Simpson
Sinkfield Smith,L
Y Smith,P Smith,T
Y Smith,W Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stauley Y Steele N Stephens N Streat N Teper
Tbomas,C YTbomas,M YTbompson YTburmond Y Titus Y Tolbert Y Townsend
Twiggs

THURSDAY, FEBRUARY 22, 1990

1645

Y Vaughan
Y Waddle Walker,C

Walker,L Y Wall NWare

Watson Y Watts Y White

Y Wilder Y WiUiams,B
WiUiams,J

Y Yatee N Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 72, nays 73.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

Representative Thompson of the 20th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1709.

HR 812. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th:
A resolution designating the "Plantation 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 107, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1797.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records to be maintained in connection with drivers' licenses, so as to provide for furnishing abstracts of driving records to certain agencies.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1957.

By Representative Dobbs of the 74th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to regulate the use of holding tanks for the collection and disposal of sewage from flush toilets used at construction sites and special events.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1484.

By Representatives Walker of the 85th, Ransom of the 90th, Padgett of the 86th and Brown of the 88th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to enable the Department of Human Resources, Division of Youth Services to provide realistic employment training and experience for committed youths.

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JOURNAL OF THE HOUSE,

The following substitute, offered by Representative Snow of the 1st, was read and adopted:
A BILL
To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to enable the Department of Human Resources, Division of Youth Services to provide realistic employment training and experience for committed youths; to provide for definitions; to provide that participants shall not be state employees except for the limited purpose of workers' compensation coverage; to provide that competition with private enterprise is discouraged; to provide that any profits generated shall be reinvested in the enterprise; 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 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, is amended by adding a new paragraph (.5) to Code Section 49-5-3, relating to definitions in children and youth services, to read as follows:
"(.5) 'Business enterprise' means the operation of a work activity for the primary purpose of training youths to function successfully in a work environment."
Section 2. Said article is further amended by adding a new subsection (q) to Code Section 49-5-10, relating to the commitment, treatment, and handling of youths committed to the Department of Human Resources, Division of Youth Services, to read as follows:
"(q) The department is authorized to operate business enterprises for the benefit of youths committed to the department, and to sell the products generated thereby to the public, subject to the following conditions:
(1) It is not the intent of this subsection to encourage competition in any way by the state with private businesses, farms, individuals, or other private enterprises;
(2) No youths participating in any business enterprise under this subsection may be used in any manner in connection with a work or labor dispute or to impair existing contracts or collective bargaining agreements;
(3) Youths participating in any business enterprise under this subsection shall be eligible for workers' compensation but shall not be considered as state employees for any other purpose whatsoever;
(4) Any business enterprise organized under this subsection shall not be operated in excess of 25 hours per week; and
(5) Any profits generated by any business enterprise under this subsection shall be reinvested by the department into the business enterprise program."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute,
On the passage of the Bill, by substitute, the ayes were 115, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1614.

By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.

THURSDAY, FEBRUARY 22, 1990

1647

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1811. By Representative Goodwin of the 63rd:
A bill to amend Code Section 9-13-13 of the Official Code of Georgia Annotated, relating to written notice of certain levies on land, so as to provide for delivery of certain notice by certified mail.

The report 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 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1620. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-4-1 of the Official Code of Georgia Annotated, relating to procedures for sales under tax levies and executions, so as to change certain provisions regarding sales under tax executions; to change certain provisions regarding advertisement of tax levies and written notice of tax executions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House were read and adopted:

HR 940. By Representatives Lee of the 72nd, Connell of the 87th, Groover of the 99th, Coleman of the 118th, Walker of the 115th and others:
A resolution expressing tribute to Honorable Thomas B. Murphy.

HR 941. By Representatives Lee of the 72nd, Connell of the 87th, Groover of the 99th, Coleman of the 118th, Walker of the 115th and others:
A resolution inviting Honorable Harold L. Murphy to present a portrait to Honorable Thomas B. Murphy.

HR 942. By Representative Goodwin of the 63rd: A resolution commending Jamie Price.

HR 943. By Representative Stephens of the 68th: A resolution commending Lt. Col. Arthur McClure "Bud" Kinney.

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JOURNAL OF THE HOUSE,

HR 944. By Representatives White of the 132nd, Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A resolution commending Honorable Tommy Coleman.

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 has instructed me to report the same back to the House with the following recommendations:
HB 1966 Do Pass HB 533 Do Pass, by Substitute HR 884 Do Pass
Respectfully submitted, /sf Mangum of the 57th
Chairman

Representative Balkcom of the 140th 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 930 Do Pass
Respectfully submitted, /s/ Balkcom of the 140th
Chairman

Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 116 Do Pass
Respectfully submitted, /sf 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

THURSDAY, FEBRUARY 22, 1990

1649

HR 912 Do Pass

Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 524 Do Pass, by Substitute
Respectfully submitted,
Is/ Watson of the 114th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1345 Do Pass HB 1996 Do Pass SB 424 Do Pass, as Amended

SB 588 Do Pass SB 640 Do Pass

Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 542 Do Pass
Respectfully submitted,
Is/ Dixon of the 151st
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

1650

JOURNAL OF THE HOUSE,

Your Committee on State Planning & Community Affairs has had under consideration

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the following Bill of the House and has instructed me to report the same back to the

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House with the following recommendation:

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HB 278 Do Pass, as Amended

Respectfully submitted, /s/ 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 Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 848 Do Pass HR 887 Do Pass HR 909 Do Pass

HR 931 Do Pass SB 547 Do Pass SR 362 Do Pass, by Substitute

Respectfully submitted, /s/ Kilgore of the 42nd
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 704 Do Pass, by Substitute HB 770 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman

Pursuant to SR 474, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 26, 1990.